Con Law One Recording One Flashcards

Question

What is the three element test for groups to have standing despite the general bar against third party claims?

Answer 1

(1) One or more of the members of the association must have standing on their own - Note: Do standing analysis for one member (2) Interests association is suing about must be tied to the broader purpose of the association - Example: PETA for animals cannot challenge military spending (3) Neither claim nor the relief the association is asserting can require the participation of the individual members - Note: No standing for association if P seeks different damages for each individual P

Answer 2

Taxpayer standing prevents standing when the alleged harm is a generalized grievance shared across citizens. - Note: If your only complaint is how your tax dollars are being spent, that is not enough to confer standing.

Answer 3

Flast Double Nexus Test Plaintiff taxpayer must show: (1) A logical link between the taxpayer status and the law being attacked [NOTE - P can only challenge laws emerging from Congress taxing or spending power]; AND (2) A violation of the Establishment Clause

Answer 4

The First Amendment's Establishment Clause prohibits the government from making any law respecting religion.

Answer 5

Taxpayer must show Congress's spending violates the Establishment Clause (is aimed at religion) OR You have taxpayer showing only if you can show that CONGRESS has passed an actual law that spends money on religion. Example: Congress gives money to a religious organization under its spending power. This violates the Establishment Clause so the taxpayer has satisfied standing requirements. NOTE: If President used tax dollars and violated Establishment Clause. Presidential standing does not violate the Establishment Clause. NOTE: Congress giving money to executive branch for religious purposes is insufficient because Congress must be spending the funds on religion

Answer 6

Tax credits will not work for standing b/c the Flast test only applies to Congress' spending

Answer 7

Throughout the entire case including the appeal NOTE: On the exam, speak to each justiciability doctrine if you have b/c they can overlap

Answer 8

Federal courts will not consider a claim before it has fully developed.

Answer 9

- Ps challenge statute barring use of contraception and doctors giving medical advice about contraception but no one has ever been charged; the Ps have NOT violated the law – they want court to issue a declaratory judgment prior to any convictions that the law is unconstitutional. - Challenging a law that is unconstitutional but no one is enforcing the law so no injury/conviction/not enough threat of enforcement—non-justiciable

Answer 10

Courts will not decide claims after they are fully developed or resolved.

Answer 11

Is there any live harm left to resolve that the court has the power to resolve?

Answer 12

A claim that otherwise would be moot, is not moot b/c P has suffered an injury (e.g., an arrest).

Answer 13

(1) Claim is capable of repetition yet evading review AND (2) Defendant's voluntary cessation of allegedly improper behavior

Answer 14

P shows harm could repeat to the same Plaintiff AND the duration of harm is so short; it is almost impossible to get to court in time NOTE: Look for time sensitive fact patterns Example: Pregnant woman challenging contraception law; women can get pregnant again and she cannot get to court before having baby Example: P denied admission to school but school let him attend while law suit pending. By time case at SC, he is almost done with law school. Exception to mootness NOT fulfilled. The same P will not be hurt in this way again.

Answer 15

If D voluntarily stopped engaging in the conduct but is reasonably likely to resume the conduct to OTHER Plaintiffs, court is unlikely to declare claim as moot Example: I told P I wouldn’t do it again but there is no settlement; no real assurance conduct will stop. NOTE: Prior exception involves repetition of injury to same P while this exception involves repetition to other Ps

Answer 16

Federal courts will not weigh in on non-justiciable, political questions. (Baker v. Carr)

Answer 17

(1) Textually demonstrable constitutional commitment to a coordinate political department - Example: Const.—Senate has power to try impeachment (2) Lack of judicially discoverable and manageable standards for resolving issue - Example: No legal guidelines to decide case (3) Impossibility of deciding it without an initial policy determination of a kind clearly for nonjudicial discretion - Note: Policy making is for legislative branch (4) Impossibility of deciding it without expressing lack of the respect due coordinate branches of government (5) Unusual need for unquestioning adherence to a political decision already made - Example: President signed treaty, must adhere (6) Potentiality of embarrassment from multifarious pronouncements by various departments - Branches will not be in unison NOTE: If ANY factor fails, claim non justiciable NOTE: On exam, go through each factor and if no facts say so

Answer 18

Political question, not justiciable, lack of judicially and manageable standards for resolving the claim

Answer 19

Political question, not justiciable

Answer 20

Political question, not justiciable

Answer 21

The case is non-justiciable and the court must dismiss the case OR The case is justiciable and the court will hear the case

Answer 22

The Necessary and Proper Clause is derived from Article I, Section 8 of the Constitution

Answer 23

"Congress shall have the power to make all Laws which shall be necessary and proper for carrying into execution the foregoing powers"

Answer 24

Article I, Section 8

Answer 25

Implied powers

Answer 26

The McCulloch test provides that Congress has the implied power if: (1) End must be legitimate (point to an enumerated power) (2) Power appropriately adapted to that end (implied power a good fit for the enumerated power); AND (3) Law is otherwise Constitutional Hypo: Can Congress set qualifications for federal judges? Yes. i. First, to execute on ‘constitute tribunals inferior to the SC’ End is legitimate ii. Second, age qualification is directly tied and reasonable to ensuring qualified judges. Means are plainly and appropriately adapted iii. Third, they did not say must be Christian so does not violates Constitution.

Answer 27

Congress's Commerce Power is derived from Article I, Section 8 of the Constitution

Answer 28

"Congress shall have the power...to regulate commerce...among the several States"

Answer 29

Under the Commerce Power, Congress can regulate: (1) Channels of Interstate Commerce; (2) Instrumentalities of Interstate Commerce; AND (3) Any Activity That has a Substantial Effect on Interstate Commerce

Answer 30

Roadways, waterways, water port train tracks Note: Include hotels Example: Any interstate highway must have six lanes

Answer 31

Truck, car, boat, bus, airplane (These sit on top of the channels) Example: Federal aviation laws

Answer 32

Under the aggregation doctrine in Wickard v. Filburn, regulations will be upheld if the court can conceive of a rationale basis on which Congress could conclude that the activity IN THE AGGREGATE substantially effects interstate commerce. The aggregation doctrine applies to economic activity which is defined as any activity that relates to the production, distribution, or consumption of a commodity.

Answer 33

(where the Court, in a dramatic expansion of the commerce power, upheld the Agricultural Adjustment Act regulating wheat production and introduced the aggregation doctrine when Filburn the farmer was charged with exceeding quota for growing wheat)

Answer 34

Rationale basis is a fairly flexible analysis; Congress can rely on evidence procured at a public hearing or can make “formal findings” based on evidence outside of the legislative records.

Answer 35

Congress CANNOT use the aggregation doctrine for non-economic activity (must show that in a single instance of engaging in the conduct there is substantial effect on IC). As well, the standard of review is more stringent than for economic activity NOTE: Includes criminal activity (gun possession in school zone) and domestic violence

Answer 36

Morrison (where the Court struck down the civil remedies provision under the Violence Against Women Act as exceeding Congress' reach under the Commerce Power)

Answer 37

Congress cannot compel inactivity (see Sebelius where the Court held Congress’ attempt to mandate citizens purchase health insurance was not a valid of Congress’ commerce or taxing powers)

Answer 38

(see Sebelius where the Court held Congress’ attempt to mandate citizens purchase health insurance was not a valid of Congress’ commerce or taxing powers)

Answer 39

P alleges law may be constitutional in some cases but as applied to this set of facts (this P), Congress exceeded its power.

Answer 40

1. Strict 2. Intermediate Scrutiny 3. Rationale Basis NOTE: On rationale basis, is there any rationale basis to uphold the law (basis for interstate commerce issues)

Answer 41

P argues non-economic activity so government cannot aggregate and must show P’s activity on its own must have a substantial effect on IC. 1. Alternatively, P tries to argue inactivity (Sebelius) 2. Government/Defendant will try to argue it is in economic activity so the court can aggregate and apply a fairly flexible rationale basis test NOTE: The conclusion is - Congress does not have authority under the Commerce Power; the law will be struck down NOTE: Though authority may not exist under its commerce power, Congress may incentivize schools through a conditional (non-coercive) grant

Answer 42

1. Consistent and uniform laws across states 2. Less confusion amongst citizenry 3. If majority of Congress believes in the law, the law should stand, b/c Congress is elected by the democratic process through voices of voters 4. Some issues flow out of Constitution (e.g., firearms flows out of 2nd Amendment) so should be respected as such 5. Avoids the Not in my backyard tendency of States to be OK with a regulation as long as it does not apply to them

Answer 43

1. Judicial economy (federal does not have resources/docket full) 2. Promoting states in their role as “laboratories of federalism” 3. States have greater knowledge of local needs and can thus regulate accordingly 4. Waste of federal resources if the issue does not pertain to the locality

Answer 44

Congress has the broad power to tax. Taxes will be upheld if: 1. Tax is related to raising revenue; AND 2. Tax does not infringe on Constitutional rights - Example: Taxes Jews or newspaper practicing First Amendment rights

Answer 45

Congress has the implied power to spend, a power derived from Congress's Article I Taxing Power (the power to lay and collect taxes)

Answer 46

For Congress's conditional spending on state governments to be constitutional, five requirements must be met: a. The overall SPENDING program is for the general welfare - NOTE: On exam, do NOT talk about the condition (drinking age). Talk about overall spending program (highway funds) is for the general welfare b. Condition is clearly defined (requirement and consequence for non-compliance) c. Condition furthers the federal interest in the national program d. Condition does not otherwise violate the Constitution - Example: To get full amount of highway funds, you cannot have political bumper stickers e. Condition cannot be unlawfully coercive on the states NOTE: On coercion, look for the following: Are states flush with cash? Will they lose 100% of funding? 5%? Gun to head? Commandeering the states? Violating 10th amendment and importance of state sovereignty? NOTE: On exam, state this violates the 10th amendment and the anti-commandeering principle HYPO: i. Congress passes law saying that any state without pregnancy classes in school will lose its federal education funding - Federal education funding is conducive to general welfare - Condition is unclear – what is the consequence for non compliance? - Condition does relate to spending program objective - Does not violate Const. - Unclear whether unlawfully coercive

Answer 47

South Dakota v. Dole (where the Court ruled Congress did not exceed its spending powers when it conditioned federal funding for highways on the States’ adoption of a minimum drinking age)

Answer 48

Tenth Amendment reserves those powers not constitutionally delegated to the federal government to the states.

Answer 49

If the Federal government wants the states to follow a federal law, the law must: i. Plainly and explicitly state it applies to the states; AND ii. Not commandeer state resources.

Answer 50

FIRST, Congress cannot make the states adopt a state law - Example: Congress can pass a federal law but cannot tell state to pass a state minimum wage law or a law on how to manage state waste disposal - Example: Congress can pass federal weed law but cannot force Newsom to pass one SECOND, Congress cannot make the states use their resources to enforce a federal law - Example: Congress can pass a federal minimum wage law but Congress cannot tell CA to use its state wage and hours inspectors to make sure state is paying federal wages. Congress but use its federal wage and hours inspectors - Example: Congress may not pass federal gun control law telling local law enforcement officers to use their own resources to enforce a federal gun law - Example: DEA busts you for weed; not state resources NOTE: On exam HERE, ___(law at issue)_____ requires ________. P would argue that this is just like Printz and NY, where Congress cannot force states to use their own resources. If Congress wants something done it should use federal resources. Congress will say this is NOT commandeering. However, P will likely be able to show that Congress does not have authority to pass _(law at issue)_____.

Answer 51

Federal government has not passed the law (Congress has stayed dormant on this issue); state passed the law but question as to whether state law should be struck down as unconstitutional

Answer 52

Dormant commerce clause is not in Constitution but rather implied out of Article One Section 8. - Idea that if Congress has enumerated power to regulate commerce, then states should be limited in what they are allowed to do in this area.

Answer 53

State laws are unconstitutional if they either: i. Discriminate against interstate commerce; OR ii. Present an undue burden on interstate commerce. NOTE: This is not about a federal and state law conflicting (that is preemption).

Answer 54

If a state law is found to discriminate against interstate commerce (facially or otherwise), then the court will presume that the law is invalid, unless the law satisfies a specific two-pronged test.

Answer 55

Facially In Intent In Effect

Answer 56

Economic protectionism

Answer 57

Courts ask where the benefits fall and where the burdens fall a. If the benefits and burdens are both in-state and out of state, the law is NON discriminatory. i. If there are IN STATE BURDENS, non discriminatory b. If the benefits are ALL in-state and the burdens are all out of state the law is DISCRIMINATORY.

Answer 58

First, define the Dormant Commerce Clause. Under the Dormant Commerce Clause, state laws are unconstitutional if they either: i. Discriminate against interstate commerce; OR ii. Present an undue burden on interstate commerce. Second, state whether the law implicates interstate commerce. Third, if the law is discriminatory on its face, the law is presumed invalid unless it can pass a two-pronged test. - Prong One: Legitimate purpose for law - Definition of legitimate: Anything other than economic protectionism. - Prong Two: No less burdensome way to achieve the legitimate purpose. - Argue both sides. Put on creative thinking cap. - NOTE: Provide counterargument on exam iv. Fourth, if the law is not discriminatory on its face, is it discriminatory otherwise, in its purpose/intent or in its effect? 1. Facially? No. 2. In effect? - Ask where on the exam– “Where are the benefits and where are the burdens?” - If not mixed – glazed donut – discriminatory - If mixed burdens and benefits between in and out of state – not discrim. - NOTE: If burdens are in state, law not discriminatory and move to presumption of validity test - In intent? a. Fact base would need to include legislative intent or who worked to pass the law 4. If yes, presume law is invalid 5. Apply two pronged test Fifth, if the law is not discriminatory, presume the law is valid unless the burdens on interstate commerce clearly exceed the benefits 1. Ask what on the exam – ‘What are the benefits and what are the burdens?’ a. Do not bring up where/location

Answer 59

xi. Hypo – CA worried about quality of lawyers so imposes a fee on everyone 1. Not discim on face, intent or effect b/c burden in state and benefits are in state 2. Presume law valid 3. Apply balancing test 4. What are the benefits and the burdens (don’t talk about location) 5. Do burdens clearly exceed benefits? xii. Hypo – CA law that says no produce sold unless certain pesticide on it 1. Discrim on face? No 2. Intent? No facts 3. Effect a. Where are the benefits? Primarily in state to CA b. Where are the burdens? In and out of state – mixed 4. Presume valid 5. Apply balancing test a. What are the benefits and what are the burdens b. Do burdens clearly exceed the benefits

Answer 60

Under the Supremacy Clause, federal law is the “supreme law of the land.” (Article VI, Section 2)

Answer 61

Preemption is the basic idea that if federal and state laws are in conflict, federal law trumps state law.

Answer 62

i. Express Preemption ii. Implied Field Preemption iii. Implied Conflict Preemption (comprised of Impossibility Conflict Preemption and Obstacle Conflict Preemption)

Answer 63

Federal law expressly preempts state law when the federal law explicitly prohibits state regulation in the same area. - Example: Power to sign treaty with another country - Example: Federal Food and Drug Act says “No state or political subdivision can establish or continue in effect any requirement’ that is different from this federal Congressional statute.

Answer 64

Federal law implicitly preempts state law when Congress intended for the federal law to occupy the entire field.

Answer 65

(1) Is the federal law already broadly regulated in this area?; (2) Is this an issue where federal law typically plays a role?; AND (3) Is there a need for uniformity in this particular area?

Answer 66

Federal law implicitly preempts state law when there is Impossibility Conflict Preemption (it is impossible to comply with both federal and state law) OR where there is Obstacle Conflict Preemption (it is possible to comply with both federal and state law but the state law creates an obstacle to complying with the federal law)

Answer 67

Presumption against finding preemption in order to protect state sovereignty

Answer 68

1. Drive uniformity of drug labels across the country 2. Drive consistency in rules across states

Answer 69

1. Decrease FDA accountability given they are front line of safety 2. Lack of federal government resources 3. Improve consumer protection with second line of defense at state level

Answer 70

No, commerce power does not grant congress power to compel citizens to purchase a product. As well, congress cannot do this under the necessary and proper clause. However, congress can enforce the tax penalty under the taxing power

Answer 71

ii. States must comply with new medicare criteria or lose all their existing medicare funding; classic example of conditional spending 1. Decision: Government cannot coerce states to this extent (under spending b. Exam: If on exam there is hypo where there is a forced purchase of something, analogous to Sebellius. First, mention that it is an economic activity and analyze it that way. Second, analyze it as court saying it is an economic inactivity which means the commerce power cannot sustain it (see Sebellius)

Answer 72

i. 13th Amendment ii. 14th Amendment iii. 15th Amendment

Answer 73

The 13th Amendment abolishes slavery and indentured servitude, except as punishment for a crime.

Answer 74

i. Granted citizenship to all those born in U.S. (including freed slaves) ii. Provided all citizens with ‘equal protection to the law’ iii. Provides all citizens with ‘due process’ (cannot be deprived for life, liberty, or property without fair procedure)

Answer 75

No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Answer 76

Any government (state/local) agency or actor

Answer 77

Private individuals, companies, etc. NOTE: The Fourteenth Amendment of the Constitution only prohibits state governments from discriminating on the basis of race. It does not prohibit private businesses or institutions from doing so. In this case, a private university is responsible for the alleged discrimination, so the Fourteenth Amendment is not applicable. NOTE: 13th amendment DOES apply to private behavior (can’t have slaves) but only applies to actual slavery and involuntary servitude ( does not touch on other forms of discriminatory conduct)

Answer 78

No one can be denied right to vote base on race.

Answer 79

Each amendment talks about Congress’s ability to enforce these amendments ‘through appropriate legislation’

Answer 80

Katzenbach v. Morgan - Court gives Congress broad power under Section 5 of 14th Am. (Katzenbach not really good law anymore)

Answer 81

Strictest level of scrutiny/strict scrutiny - Boerne Case 1. City denies church right to expand its church site. Church argues Congress Religious Freedom Act applies. City says RFRA garbage and challenges it. 2. Court strikes down RFRA/agrees with City. Congress cannot come up with its own interpretation of 14th Am. Rather, Congress can only prevent or remedy what the COURT has ALREADY RECOGNIZED as violations of the 14th Am.

Answer 82

Congress can ONLY pass laws under its §5 power that are PREVENTATIVE/ REMEDIAL and CANNOT use this power to redefine the scope of the 14th Am. To determine whether a law is preventative/remedial as opposed to redefining the scope of the 14th Am., the court asks whether whatever law Congress has passed is PROPORTIONAL/CONGRUENT to some recognized violation of the 14th Amendment. (see Boerne)

Answer 83

1. Law should NOT be general in scope (like RFRA) 2. Law should have specific evidence tied to it that law hurts already recognized right in 14th Am (should be well-tailored) - If no evidence of the harm to be addressed, too broad/strike congress’ law down. - If law tailored to specific jurisdictions, weighs toward proportionate and congruent to a recognized problem/ uphold law 3. If congress trying to create new protections under 14th amendment, not allowed.

Answer 84

Violates spirit of Marbury and power of judicial review if Congress scope is too broad. Do not want to override Constitution.

Answer 85

i. Step One: What is the “recognized violation” of the 14th Am/what is the existing harm that Congress is trying to prevent? - Exam: Hypo tells you: “The USSC previously held that ___ violates the EPC/ DPC/ etc. of 14th Am.”] ii. Step Two - What law did Congress pass in response to the harm? - Exam: “Here, Congress passed Section (a) of the HYPO Law to address….”] iii. Step Three - Is the law proportionate/congruent? - Do step one and two fit together? Is the law in step 2 a good fit for the problem outlined in #1? - ANALYZE both sides Decide whether law is constitutional HYPO a. Stop all bullying law passed by Congress esp bullying that is racially violated to promote education. Congress passes fed law. Told in hypo that SC previously deemed it a violation of 14 Am for a state to allow racial disparities in public school. Is the federal law barring racially motivated bullying b. Step one – state that 14th am is at issue c. Step two – state that it is going after state actor d. Step three – go through steps e. Recognized violation? i. Yes. SC has held it violates Cons. for gvmt to.... f. How did congress respond? i. Passed law to prevent racial bullying g. Is the law a good fit for this violation? i. Analyze both ways, argue both sides on exam ii. Great fit – if you are bullied in school, harder to learn, and that is gvmt permitting racial disparities iii. Bad fit – racial bullying nothing to do w education

Answer 86

i. Step One: What is the “recognized violation” of the 14th Am/what is the existing harm that Congress is trying to prevent? - Exam: Hypo tells you: “The USSC previously held that ___ violates the EPC/ DPC/ etc. of 14th Am.”] ii. Step Two - What law did Congress pass in response to the harm? - Exam: “Here, Congress passed Section (a) of the HYPO Law to address….”] iii. Step Three - Is the law proportionate/congruent? - Do step one and two fit together? Is the law in step 2 a good fit for the problem outlined in #1? - ANALYZE both sides Decide whether law is constitutional HYPO a. Stop all bullying law passed by Congress esp bullying that is racially violated to promote education. Congress passes fed law. Told in hypo that SC previously deemed it a violation of 14 Am for a state to allow racial disparities in public school. Is the federal law barring racially motivated bullying b. Step one – state that 14th am is at issue c. Step two – state that it is going after state actor d. Step three – go through steps e. Recognized violation? i. Yes. SC has held it violates Cons. for gvmt to.... f. How did congress respond? i. Passed law to prevent racial bullying g. Is the law a good fit for this violation? i. Analyze both ways, argue both sides on exam ii. Great fit – if you are bullied in school, harder to learn, and that is gvmt permitting racial disparities iii. Bad fit – racial bullying nothing to do w education

Answer 87

i. Step One: What is the “recognized violation” of the 14th Am/what is the existing harm that Congress is trying to prevent? - Exam: Hypo tells you: “The USSC previously held that ___ violates the EPC/ DPC/ etc. of 14th Am.”] ii. Step Two - What law did Congress pass in response to the harm? - Exam: “Here, Congress passed Section (a) of the HYPO Law to address….”] iii. Step Three - Is the law proportionate/congruent? - Do step one and two fit together? Is the law in step 2 a good fit for the problem outlined in #1? - ANALYZE both sides Decide whether law is constitutional HYPO a. Stop all bullying law passed by Congress esp bullying that is racially violated to promote education. Congress passes fed law. Told in hypo that SC previously deemed it a violation of 14 Am for a state to allow racial disparities in public school. Is the federal law barring racially motivated bullying b. Step one – state that 14th am is at issue c. Step two – state that it is going after state actor d. Step three – go through steps e. Recognized violation? i. Yes. SC has held it violates Cons. for gvmt to.... f. How did congress respond? i. Passed law to prevent racial bullying g. Is the law a good fit for this violation? i. Analyze both ways, argue both sides on exam ii. Great fit – if you are bullied in school, harder to learn, and that is gvmt permitting racial disparities iii. Bad fit – racial bullying nothing to do w education

Answer 88

i. Step One: What is the “recognized violation” of the 14th Am/what is the existing harm that Congress is trying to prevent? - Exam: Hypo tells you: “The USSC previously held that ___ violates the EPC/ DPC/ etc. of 14th Am.”] ii. Step Two - What law did Congress pass in response to the harm? - Exam: “Here, Congress passed Section (a) of the HYPO Law to address….”] iii. Step Three - Is the law proportionate/congruent? - Do step one and two fit together? Is the law in step 2 a good fit for the problem outlined in #1? - ANALYZE both sides Decide whether law is constitutional HYPO a. Stop all bullying law passed by Congress esp bullying that is racially violated to promote education. Congress passes fed law. Told in hypo that SC previously deemed it a violation of 14 Am for a state to allow racial disparities in public school. Is the federal law barring racially motivated bullying b. Step one – state that 14th am is at issue c. Step two – state that it is going after state actor d. Step three – go through steps e. Recognized violation? i. Yes. SC has held it violates Cons. for gvmt to.... f. How did congress respond? i. Passed law to prevent racial bullying g. Is the law a good fit for this violation? i. Analyze both ways, argue both sides on exam ii. Great fit – if you are bullied in school, harder to learn, and that is gvmt permitting racial disparities iii. Bad fit – racial bullying nothing to do w education

Answer 89

i. Step One: What is the “recognized violation” of the 14th Am/what is the existing harm that Congress is trying to prevent? - Exam: Hypo tells you: “The USSC previously held that ___ violates the EPC/ DPC/ etc. of 14th Am.”] ii. Step Two - What law did Congress pass in response to the harm? - Exam: “Here, Congress passed Section (a) of the HYPO Law to address….”] iii. Step Three - Is the law proportionate/congruent? - Do step one and two fit together? Is the law in step 2 a good fit for the problem outlined in #1? - ANALYZE both sides Decide whether law is constitutional HYPO a. Stop all bullying law passed by Congress esp bullying that is racially violated to promote education. Congress passes fed law. Told in hypo that SC previously deemed it a violation of 14 Am for a state to allow racial disparities in public school. Is the federal law barring racially motivated bullying b. Step one – state that 14th am is at issue c. Step two – state that it is going after state actor d. Step three – go through steps e. Recognized violation? i. Yes. SC has held it violates Cons. for gvmt to.... f. How did congress respond? i. Passed law to prevent racial bullying g. Is the law a good fit for this violation? i. Analyze both ways, argue both sides on exam ii. Great fit – if you are bullied in school, harder to learn, and that is gvmt permitting racial disparities iii. Bad fit – racial bullying nothing to do w education

Answer 90

i. Step One: What is the “recognized violation” of the 14th Am/what is the existing harm that Congress is trying to prevent? - Exam: Hypo tells you: “The USSC previously held that ___ violates the EPC/ DPC/ etc. of 14th Am.”] ii. Step Two - What law did Congress pass in response to the harm? - Exam: “Here, Congress passed Section (a) of the HYPO Law to address….”] iii. Step Three - Is the law proportionate/congruent? - Do step one and two fit together? Is the law in step 2 a good fit for the problem outlined in #1? - ANALYZE both sides Decide whether law is constitutional HYPO a. Stop all bullying law passed by Congress esp bullying that is racially violated to promote education. Congress passes fed law. Told in hypo that SC previously deemed it a violation of 14 Am for a state to allow racial disparities in public school. Is the federal law barring racially motivated bullying b. Step one – state that 14th am is at issue c. Step two – state that it is going after state actor d. Step three – go through steps e. Recognized violation? i. Yes. SC has held it violates Cons. for gvmt to.... f. How did congress respond? i. Passed law to prevent racial bullying g. Is the law a good fit for this violation? i. Analyze both ways, argue both sides on exam ii. Great fit – if you are bullied in school, harder to learn, and that is gvmt permitting racial disparities iii. Bad fit – racial bullying nothing to do w education

Answer 91

The 11th Amendment

Answer 92

The judicial federal power should not extend to any case with a citizen of a state or a foreign state against a state. In other words, states cannot be sued by private individuals.

Answer 93

i. Step One: What is the “recognized violation” of the 14th Am/what is the existing harm that Congress is trying to prevent? - Exam: Hypo tells you: “The USSC previously held that ___ violates the EPC/ DPC/ etc. of 14th Am.”] ii. Step Two - What law did Congress pass in response to the harm? - Exam: “Here, Congress passed Section (a) of the HYPO Law to address….”] iii. Step Three - Is the law proportionate/congruent? - Do step one and two fit together? Is the law in step 2 a good fit for the problem outlined in #1? - ANALYZE both sides Decide whether law is constitutional HYPO a. Stop all bullying law passed by Congress esp bullying that is racially violated to promote education. Congress passes fed law. Told in hypo that SC previously deemed it a violation of 14 Am for a state to allow racial disparities in public school. Is the federal law barring racially motivated bullying b. Step one – state that 14th am is at issue c. Step two – state that it is going after state actor d. Step three – go through steps e. Recognized violation? i. Yes. SC has held it violates Cons. for gvmt to.... f. How did congress respond? i. Passed law to prevent racial bullying g. Is the law a good fit for this violation? i. Analyze both ways, argue both sides on exam ii. Great fit – if you are bullied in school, harder to learn, and that is gvmt permitting racial disparities iii. Bad fit – racial bullying nothing to do w education

Answer 94

(1) P sues state actor in their official capacity (2) State consents/waives their immunity (3) Congress decides to abrogate (get rid of) the immunity

Answer 95

- P CANNOT seek monetary damages - P must ONLY seek injunctive relief (court order) - Example: P denied food stamps by state government. P cannot sue state and ask for money damages for feeding family. P can sue state officer who runs food stamp program in his official capacity and seek injunctive relief – a court order requiring officer to let her participate in food stamp program going forward.

Answer 96

- Consent must be explicit in statute or state the waiver explicitly in the answer to complaint - No such thing as implied consent in this situation

Answer 97

- Judicial economy: deters increase in volume of lawsuits in federal court - States are laboratories of federalism: if states should try new laws, they will be reluctant to do that if it subjects states to litigation - State sovereignty and balance of powers

Answer 98

Hurts state sovereignty. Congress reaching in and ripping away an immunity that the const. gives to states.

Answer 99

First, define 11th Amendment Second, define three exceptions in detail. Third, state that the first two exceptions do not apply given the facts at hand. Fourth, define whether abrogation is constitutional per the rule on abrogation Last, conclude on constitutionality NOTE: Mention the following: 1. State engaging in behavior that possibly violates law 2. Given title of state officer in charge of enforcing law