CONLAW (1 - 8) Flashcards
what is Justiciability?
Justiciability refers to the types of matters that a court can adjudicate. If a case is “non-justiciable,” then the court cannot hear it.
What are the four justiciability doctrines
standing, ripeness, political question, and mootness
Standing (natural person)
P must show : (1) an injury that they (or one with a close relationship to P has suffered; (2) Causation (D caused the injury); (3) Redressability (decision will remedy the injury) and that (4) the P is not suing solely as a a taxpayer (unless challenging gov’t spending as violation of Establishment Clause).
Standing (corp)
(1) the members would have standing to sue (2) the interests are germane to the organizations purpose and (3) neither the claim not the relief requires the participation of individual members
What must a P seeking injunctive or declaratory relief show?
likelihood of future harm
Ripeness
Court considers (1) hardhsip that will be suffered without pre-enforcement review and (2) the fitness of the issues and the record for judicial review (do they have all the info they need to decide the issue)
Mootness
If events after the filing of the lawsuit end the injury, it must be dismissed
Mootness exceptions
(1) wrong is capable of repetition but evading review (2) voluntary cessation (3) class actions (so long as one member of the class would not be dismissed as moot)
Political Question
Cant hear challenges based on :
(1) republican form of govt (2) Pres’s conduct of foreign policy (3) impeachment and removal process (4) partisan gerrymandering
How do cases get to the SC?
Writ of certiorari (discretionary)
Appeal (must hear - come from 3 judge fed dist court panels)
Final judgment rule
SC can only hear cases after there has been a final judgment from the highest state court (or 3 j panel) and will ONLY review if the decision is NOT supported by an independent and adequate state law ground
What does the 11th amendment do?
bars suits against states in fed ct
What does sovereign immunity bar?
suits against states in state courts or federal agencies
Is there a general federal police power?
NO. But there is a police power over DC, federal lands, military bases, and Indian reservations
What is the necessary and proper clause?
Congress has the power to make all laws necessary and proper for executing any power granted to any branch of the federal government
What is the taxing and spending power?
It gives Congress the power to tax and spend for the general welfare for any public purpose not prohibited by the constitution
How to know if a tax is valid
if it bears a reasonable relationship to revenue production or if Congress has the power to regulate the activity being taxed
Commerce Power - a federal law (to be valid) must either…
(A) regulate the channels of interstate commerce or (b) regulate the instrumentalities of interstate commerce or (c) regulate activities that have a substantial effect on interstate commerce (if noneconomic, not usually upheld)(if economic upheld if the aggregate has a rational basis to conclude it substantially effects interstate commerce)
whats the 10th amendment
all powers not granted to the US, nor prohibited to them, are reserved to the states or the people
10th amendment concepts
(1) congress cannot compel state regulatory or legislative action
(2) Congress may induce to action by placing conditions on the grant of money that (a) are expressly stated, (b) relate to the purpose of the program, (c) are not unduly coercive and (d) do not otherwise violate the constitution; and (3) Congress may prohibit harmful state commercial activities
14th amendment powers given to congress
(1) war and related powers
(2) investigatory power
(3) property power
(4) bankruptcy power
(5) postal power
(6) power over citizenship (resident aliens are entitled to notice and hearing before deportation)
(7) admiralty power
(8) power to coin money and fix weights and measures
(9) patent/copyright power
When may congress delegate?
when they set intelligible standards for the power (and it isn’t something that is uniquely confined to congress)
What is the president’s appointment power? Any limitations?
P may appoint ambassadors, fed judges, and officers of the US with the advice and consent of the Senate
P may not make recess appointments (do not req Senate approval) during intrasession recesses that are less than 10 days
Does Congress have an appointment power?
No, and it may not give itself or its officers that power . BUT it can vest the appointment of inferior officers in the president, the heads of departments or the lower federal courts
What is the president’s removal power? Can Congress place limits?
Unless limited by statute, P may fire any executive branch officer.
If congress wants to limit P’s removal power by statute, the office involved must be one where (1) independence from the president is desirable and Congress can show (2) good cause. They cannot prohibit removal entirely.
BUT if person is head of independent agency, sole director, and exercises substantial discretion, Congress cannot limit P’s removal power.
Impeachment: Who may be impeached?
P, vice P, fed judges, officers of the US
Impeachment: For what reasons can one be impeached?
for treason, bribery, or for high crimes and misdemeanors
Does impeachment remove one from office?
No, impeachment and conviction is required