Con Law [the essentials] Flashcards
Standing
1) Injury-in fact
2) causation
3) redressability
Injury-in-fact
must prove that they have been or imminently will be injured
for injunctive/declaratory relief–must show likelihood of future harm
Causation
causal connection between injury and conduct complained of
Redressability
court decision is likely to remedy the injury
3rd party standing
person with standing in own right right can also assert the rights of a 3rd party if:
1) special relationship between plaintiff and injured third party
2) injured party is unlikely to be able to assert their own rights
Organizational standing
1) organization suffers injury
2) may bring action on behalf of its members IF:
a. its members would have standing to sue in their own right AND b. the interests at stake are germane to the orgs purpose
Ripeness
Claim has not fully developed
factors to use:
1) hardship that will be suffered without pre-enforcement
2) the fitness of the issues for judicial review
Moot
if events post-filing end Ps injury
Exceptions:
1) capable of repetition but evading review
2) voluntary cessation
3) Class action
Political Q
Issues that are:
1) constitutionally committed to another branch of government OR
2) inherently incapable of judicial resolution
Powers of Congress
1) Necessary + Proper Power
2) Taxing and Spending Power
3) Commerce Power
Necessary and Proper Clause
Congress may make all laws necessary and proper to carry out all the powers vested to any branch
Taxing + Spending power
Taxing: congress has power to tax and spend for general welfare
Taxes should:
1) bear some reasonable relation to revenue production OR
2) Congress has the power to regulate the activity taxed
Commerce Power
Power to regulate all foreign foreign and interstate commerce
May regulate:
1) channels of interstate commerce
2) instrumentalities of interstate commerce
3) local activities that have a substantial effect on interstate commerce
Substantial effect on interstate commerce
when congress tries to regulate intrastate activity must show that
1) economic or commercial activity AND
2) the court can find RB that activity in aggregate substantially affects interstate commerce
Delegation
Generally OK if:
1) intelligible standards are set to guide the delegation AND
2) the power is not uniquely confined to Congress
if Prez’s actions are within powers
1) when acting with express or implied authorization of congress = authority at highest
2) when congress has not spoken = less OK
3) when congress has spoken to the contrary = authority at lowest
President powers
Foreign Powers:
-commander in chief
-war
-treaties
-executive agreement
domestic:
-pardons
-appoint all officers with the advise and consent of the Senate
-removal power
-veto bills presented
Appointment Power
Prez appoints ambassadors, federal judges and officers of the US
Congress can vest appt of inferior officers with heads of departments, the president, or the lower federal courts
Removal Power
Unless limited by statute, Prez can fire any executive branch officer
For congress to limit by statute
-must be a position where independence from Prez is desirable
-and can only limit by “good cause”
-also cannot limit the Prez’s ability to fire sole director of agency
Exclusive State Powers
10th Amendment
All powers not assigned to the feds = the states or the people
Congress can’t command states to do things but can use taxing and spending power to encourage them to do something
Exception: 14th Amendment enforcement powers allow congress to restrict states from discriminating
Express preemption
Federal statute explicitly says that federal law is exclusive in the field
Implied preemption
1) congress intended for fed law to occupy the entire field
2) direct conflicts
3) indirectly conflicts–impedes objective of fed law
State Action
Exceptions:
1) performing activities that are traditionally the exclusive prerogative of the state
2) entanglement–state affirmatively facilitates, encourages or authorizes acts of discrimination by its citizens
RB
rationally related to a legitimate government purpose
