Con Law - Powers of the Federal Gov't Flashcards
What are the limits on federal jurisdiction?
Federal Court may only decide cases and controversies. This means:
- No Advisory Opinions
- Case must be ripe
- Case must not be moot.
- The Plaintiff must have standing
Other Limitations (Political Questions, Decided on independent state grounds, 11th Amendment Limits, Absentation)
When is a case or controversy ripe?
A P must allege actual harm or the immediate threat of harm. Not ripe where, on the facts, significant events necessary to sharpen the issues have not yet occurred.
When is a case moot?
A case will dismissed as moot unless there exists an actual, live controversy between the parties at ALL stages of the litigation, including on appeal.
When is a case not moot?
(1) The injury is capable of repetition to that P, yet b/c of its nature will evade review
(2) The Case is brought as a class action and the issues remain alive at least as to one member of the class.
(3) There are byproduct (ancillary harms) or some continuing issues between the parties.
(4) The defendant has ceased the harm, but is free to return to his or her old ways. ho
What are the three general rules on Standing?
(1) P has to suffer actual, concrete injury in fact. [almost anything counts, just more than mere ideological harm]
(2) Causation - must be “fairly traceable” to gov’t actions
(3) Redressability - the Court has to be able to give a remedy.
When may an organization sue for injuries to its members?
(1) A member or members would have standing; and
(2) The members’ injury is related to the purpose of the organization; and
(3) There is no reason (such as an award of damages to individual members) that would require participation of the individual members in the suit.
When does a party to raise the rights of others or a 3P standing?
A party has standing only to raise his or her own rights and may not raise the rights of others except a party may raise the rights of someone else if:
(1) the party has suffered some actual injury; and
(2) there is a special relationship between the party and the third person (usually both being parties to an exchange or transaction) and there is some hindrance to the third party raising his/her own rights.
Can a citizen standing b/c a statute confers standing?
No, standing requires a personal harm suffered by the P. Not enough to allege that you know or some illegality and that as a citizen, its offends you.
When can a taxpayer sue?
A taxpayer can sue to challenge their own tax liability, but federal taxpayers have not standing as taxpayers to challenge how the federal gov’t spends the money it collects.
Exceptions to General Rule against taxpayer standing
A taxpayer has standing to challenge:
(1) laws enacted under Congress’ taxing and spending powers, not executive or administrative action.
(2) Exceeding a specific constitutional limit on taxing and spending. [Establishment clause challenge -i.e. giving aid to parochial schools]
Do legislator’s have standing to challenge laws which were properly enacted but which he or she believes are unconstitutional?
No, can only challenge acts that cause them a personal and concrete injury.
When may the supreme court review state court judgments (4 requirements)?
May review if an only if:
(1) The case involves a matter of federal law; and
(2) It is a final judgment; and
(3) Is from the highest state court authorized to hear the case; and
(4) There is no independent and adequate state ground on which the state court decision is based.
What does independent and adequate state ground mean?
Independent ground so long as state law does not depend on an interpretation of federal law or incorporate a federal standard.
Adequate state ground if, no matter how the federal issue in the case is decided, the outcome will still be the same under the resolution of the state law issue.
What is the doctrine of abstention?
A federal court will decline to hear a case challenging a state law if:
It involves a constitutional challenge to the state law, but the meaning of the state law is unsettled or unclear, or the matter is already pending before state judicial or administrative tribunals
What is the political question doctrine?
Fed. Courts will not decide political questions, that is, question which are constitutionally committed to another branch of the government to decide, or are beyond the competence or enforcement capability of the judicial branch.
When can a private party sue a state in federal court? [11th Amendment]
Cannot sue unless the state expressly consent [unmistakably clear] or Congress clearly permits private parties to sue the state under a statute passed under the 14th Amendment. [anti-discrimination statutes]
A person may sue state officers in their individual capacities for damages, and may sue state officers for injunctions against future unconstitutional action by the state.
When does the 11th Amendment Act as a bar on a suit against a state?
(1) P must be a private party, not another gov’t. [state vs. state not barred]
(2) D must be a state and not a local gov’t like a county or municipality.
(3) The suit must be for money to be paid out of the state treasury or for an injunction or declaratory relief where the state is the Named Party.
Note: Private party could sue state in their own court. However, state can raise sovereign immunity against such claims.
What is the scope of Congress’ legislative power?
All federal power, including the legislative power of Congress, must relate in some way to an express grant of power in the Constitution. Under the 10th Amendment, all powers not granted to the federal gov’t are reserved to the states or the people.
What are the express/enumerated powers of Congress?
(a) admiralty
(b) citizenship
(c) bankruptcy
(d) federal property
(e) patents and copyrights
(f) post offices
(g) coining money
(h) the territories and the District of Columbia
(i) war
(j) raising and supporting armies
What does the necessary and proper clause allow Congress to do?
Allows Congress to use all means convenient and useful to carry out the enumerated powers, such as chartering a federal bank to help carry out the express powers to tax, spend, and coin money.
NOT a separate power. Must be combined with an independent power.
What does the Commerce Power provide?
Congress may regulate interstate commercial activity. Further, they can regulate purely local and intrastate activity which, by themselves or repeated by other “cumulative effects doctrine”, substantially affect interstate commerce.
What are the limits on the Commerce Power?
(1) Can’t tell state what laws to enact as their own law.
(2) Congress cannot conscript state and law enforcement to enforce federal law.
(3) Can’t tell individual to buy something or ban possession that does not relate to commercial or economic activity.
What can Congress do to make state do what its wants them to do?
(a) It can tell the state what to do within commerce power.
(b) Threaten states with preemption.
(c) Congress can “bribe” under the spending power.
What is Congress’ Taxing Power?
Congress may use the taxing power to regulate and prohibit behavior so long as the statute is capable of raising some revenue, such as prohibitive tax on gambling.
