Con Law Background & Standing

Question 1

federal government’s powers are enumerated, whereas state’s powers are

Answer 1

plenary

Question 2

con law analysis (3)

Answer 2

(1) who has power / where is power designated to which actor
(2) is the action within the power of the government subject to civil liberty restrictions
(3) who gets to decide? - will the court hear the case

Question 3

scope of judicial review

Answer 3

review acts of congress
review federal court decisions
review of state court decisions under certain circumstances

Question 4

judicial review only exists when the question is presented as a

Answer 4

case or controversy

no advisory opinions

Question 5

mootness

Answer 5

court will dismiss case when controversy ceases to exist

exception: recurring but evading review (ie, pregnancy)

Question 6

ripeness

Answer 6

threat of violation cannot merely be hypothetical

Question 7

11th amendment

Answer 7

citizen of a state cannot sue a state for money damages

Question 8

11th amendment

Answer 8

citizen of a state cannot sue a state for money damages

Question 9

abstention

Answer 9

the doctrine which states that a court should decide a case on non-constitutional grounds if possible

also, when unsettled question of state law may dispose of the case, federal court should abstain from deciding the constitutional issue

Question 10

standing elements

Answer 10

(1) does plaintiff have an injury

(2) is that injury redressable by court action

Question 11

Standards of scrutiny

Answer 11

Strict scrutiny - narrowly tailored to a compelling government interest (fundamental rights, race, origin religion)Intermediate scrutiny - substantially related to an important government interest (gender, legitimacy)Rational basis - rationally related to a legitimate government interest (everything else)