Con Law - Powers of the Federal Gov't

Question 1

What are the limits on federal jurisdiction?

Answer 1

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)

Question 2

When is a case or controversy ripe?

Answer 2

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.

Question 3

When is a case moot?

Answer 3

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.

Question 4

When is a case not moot?

Answer 4

(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

Question 5

What are the three general rules on Standing?

Answer 5

(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.

Question 6

When may an organization sue for injuries to its members?

Answer 6

(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.

Question 7

When does a party to raise the rights of others or a 3P standing?

Answer 7

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.

Question 8

Can a citizen standing b/c a statute confers standing?

Answer 8

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.

Question 9

When can a taxpayer sue?

Answer 9

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.

Question 10

Exceptions to General Rule against taxpayer standing

Answer 10

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]

Question 11

Do legislator’s have standing to challenge laws which were properly enacted but which he or she believes are unconstitutional?

Answer 11

No, can only challenge acts that cause them a personal and concrete injury.

Question 12

When may the supreme court review state court judgments (4 requirements)?

Answer 12

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.

Question 13

What does independent and adequate state ground mean?

Answer 13

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.

Question 14

What is the doctrine of abstention?

Answer 14

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

Question 15

What is the political question doctrine?

Answer 15

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.

Question 16

When can a private party sue a state in federal court? [11th Amendment]

Answer 16

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.

Question 17

When does the 11th Amendment Act as a bar on a suit against a state?

Answer 17

(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.

Question 18

What is the scope of Congress’ legislative power?

Answer 18

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.

Question 19

What are the express/enumerated powers of Congress?

Answer 19

(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

Question 20

What does the necessary and proper clause allow Congress to do?

Answer 20

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.

Question 21

What does the Commerce Power provide?

Answer 21

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.

Question 22

What are the limits on the Commerce Power?

Answer 22

(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.

Question 23

What can Congress do to make state do what its wants them to do?

Answer 23

(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.

Question 24

What is Congress’ Taxing Power?

Answer 24

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.

Question 25

Under what situation will a court enforce a condition against a state which has accepted federal funds (under Congress’ spending power)?

Answer 25

Will enforce so long as:

(a) Spent for general welfare [broad]
(b) Can’t violate individual liberties
(c) Must be reasonably related to a legitimate federal interest.
(d) Must be clear that condition depends on state taking that action and state must have a legitimate choice. [Can’t be coercive?]

Question 26

What powers does the 13th Amendment give Congress?

Answer 26

13th amendment outlaws slavery.

Gives Congress power to pass laws applicable to anyone to not only eliminate slavery, but also end all “badges and incidents” of slavery, such as racial discrimination in housing.

Question 27

What power does Congress have under the 14th amendment?

Answer 27

Power to implement the equal protection and due process provision.

However, can’t enact laws requiring actions by private parties. Only apply to government acts.

Can only enforce or remedy right as defined by the courts, does not have the power to redefine or create such rights.

Question 28

What power does the 15th amendment provide Congress?

Answer 28

Gives Congress the power to protect the right to vote against federal or state government discrimination. Has been expansively interpreted.

Question 29

What is the standard for Congress to delegate Congressional Power?

Answer 29

Congress may broadly delegate legislative powers to administrative agencies so long as Congress sets forth some intelligible principle or some standard to guide the exercise of the delegated power. [Can delegate broadly]

Question 30

Is a legislative veto constitutional?

Answer 30

No - all legislative acts must pass through both houses and be signed by the president.

Question 31

How does the Congressional Immunities or the “Speech and Debate” Clause protect members of Congress?

Answer 31

Members of Congress may not be prosecuted or punished, either civilly or criminally, for their official or legislative acts.

“Legislative acts” is very narrowly defined and include only the integral parts of the legislative process.

Do not include communications with constitutes or bribery.

Question 32

What are the six general domestic powers/duties of the president?

Answer 32

(1) Power and duty to enforce or carry out the laws of Congress.
(2) President may not make law, only carry it out; except if there is an emergency and Congress has not said not to the particular act.
(3) President must carry out Congress directives.
(4) President may sign or veto legislation, but line item veto is unconstitutional.
(5) President has exclusive power to pardon for federal offenses.
(6) President has the power to appoint and remove executive officials. [Congress may never directly appoint executive branch officials]

Question 33

How can Congress limit the President’s power to appoint? [Principal vs. Inferior officers]

Answer 33

Principal officers appointed only with the advice and consent of the Senate. [judges, cabinet, ambassadors]

Inferior officers [those who answer to another or limited duties] may vest appointment in the President alone or in department heads or in the judiciary.

Congress cannot remove except through impeachment.

Question 34

What power does the president have regarding war/military action?

Answer 34

Congress alone has the power to declare war. Congress retains the purse string and may refuse to pay for military operations.

Once war is declared, President controls military operations and may take emergency action to protect the lives and property to citizens.

Question 35

What foreign affairs powers does the President have?

Answer 35

May act without any approval of Congress as the chief foreign policy spokesperson of the gov’t.

But when President seeks to enter into agreements with foreign gov’t, some form of Congressional approval is required.

Treaties - 2/3 Senate approval

Executive Agreements - Congressional acquiescence

If there is a conflict between Treaties or Executive Agreements and later legislation - THE LATER LEGISLATION CONTROLS.

Question 36

What are the two Presidential Immunities?

Answer 36

(1) President enjoys a presumptive privilege not to disclose presidential communications.
* Balancing test used - generalized claim of confidentiality vs. specific need for evidence in criminal trial.
(2) President is absolutely immune from civil suits for damages for an President acts, such as the wrongful firing of an employee. [Doesn’t apply to pre-presidential acts.]

Question 37

What are the three stages of Impeachment?

Answer 37

(1) Articles of Impeachment by House
(2) Trial by the Senate
(3) Removal from office.