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Constitutional Law > ConLaw 1 Final Study > Flashcards

ConLaw 1 Final Study Flashcards

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1
Q

Case & Controversy

A
  1. Federal courts only hear actual disputes between meaningfully adverse parties for which judicial resolution is possible;
  2. There must be a definite and live dispute that is not speculative or uncertain;
  3. Plaintiffs must demonstrate a personal stake in the outcome.
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2
Q

Standing

A
  1. Plaintiff must be the proper party for adjudication and have suffered an;
  2. injury in fact that is concrete and not too speculative or uncertain;
  3. a causal connection between the injury and defendant’s conduct; and
  4. redressability through the requested relief.
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3
Q

Third-Party Standing (general rule and 3 exceptions)

A
  1. Plaintiff cannot assert claims of third parties unless;
  2. plaintiff has standing; and
  3. there is either a special relationship; or the injured party is
  4. debilitated and cannot assert their own claims; or
  5. Vague under first amendment.
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4
Q

Associational Standing

A

Organization can sue for its members if:
A) individual members would have standing to sue;
B) interests are germane to organization’s purpose; and
C) neither the claim nor relief requires individual members (unique money damages).

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5
Q

Taxpayer Standing / Generalized Grievances

A
  1. Plaintiff must not be suing solely as a citizen or taxpayer; unless
  2. a taxpayer is challenging a specific limitation of Congress’s tax and spend power; or
  3. expenditures violating the Establishment Clause.
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6
Q

Congressional Standing

A
  1. Plaintiff may have standing if conferred by statute; if
  2. within the zone of interests Congress meant to protect; but
  3. can never eliminate case or controversy requirement.
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7
Q

Ripeness

A

IPIF

  1. Plaintiff is not entitled to review of a law before its enforcement; unless
  2. plaintiff will suffer some harm or IMMEDIATE threat of harm.
  3. Court will consider:
    a. the PROBABILITY of harm;
    b. hardship if IMMEDIATE relief is denied; and
    c. FITNESS of the record for resolving legal issues.
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8
Q

Mootness

A
  1. Plaintiff must have a live controversy at all stages of review;
  2. If injury already occurred or ceased and no exception exists, it is moot.
  3. Exceptions are:
    a. Voluntary cessation;
    b. Capable of repetition yet evading review; and
    c. Class actions.
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9
Q

Capable of Repetition Yet Evading Review

A
  1. Claims must be justiciable throughout all stages of review.
  2. Plaintiff must establish:
    a. challenged action is too short in duration prior to its cessation; and
    b. demonstrated probability that harm will reoccur.
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10
Q

Voluntary Cessation

A
  1. Otherwise moot claim justiciable where voluntary cessation.
  2. Courts consider:
    a. likelihood of reoccurrence which defendant bears the burden of disproving; and
    b. efforts by defendant to eradicate effects of challenged conduct.
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11
Q

Class Actions

A

Will not be moot if one class member’s claim is moot.

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12
Q

Political Question (Common Areas)

A
  1. Non-justiciable issue constitutionally committed to; or
  2. leading to disrespect or encroachment upon another branch; or
  3. inherently incapable of judicial resolution; and
  4. lacking judicially manageable standards; such as
    a. republican form of government,
    b. impeachment and removal,
    c. partisan gerrymandering, and
    d. foreign policy (RIPF)
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13
Q

Adequate and Independent State Grounds

A
  1. Adequate if due process is not denied and advances a legitimate state interest applied in a consistent fashion;
  2. Independent if decision does not interweave federal issues and contains a plain statement that case was decided solely on state grounds.
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14
Q

Supreme Court Review (where cases come from)

A

Can come from:
1. state’s highest court,
2. US Court of Appeals,
3. US court via certiorari, and
4. cases between states.

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15
Q

Sovereign Immunity

A
  1. 11th Amendment bars federal courts from hearing suits by private citizens or foreign governments against states (but not local governments);
  2. States may be sued if there is express waiver or consent;
  3. for actions under Section 5 of the 14th Amendment; and
  4. Suits against state officers are allowed for injunctive relief for officer violation of federal law;
  5. May sue officers for damages paid by officer personally.
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16
Q

Abstention

A
  1. Federal court will not hear a case to enjoin pending state criminal proceedings;
  2. unless conducted in bad faith; or
  3. to harass; or
  4. for unsettled questions of state law until after state settles underlying question.
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17
Q

Necessary and Proper Clause

A
  1. Congress may enact all laws necessary and proper to carry out any power;
  2. granted to any federal branch;
  3. Can never support federal law independently and must be linked with an enumerated power.
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18
Q

Congressional Authority to Act / Property Clause. What must it be and what is it not? And which areas special powers?

A
  1. Must be an enumerated or implied Congressional power;
  2. No federal police power; but
  3. Congress does have power over military, Indian reservations, federal land, and the District of Columbia (MILD).
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19
Q

Taxing and Spending (four things CoGPRRPP)

A
  1. Congress may tax and spend for the common defense and general welfare;
  2. Taxing will be upheld if it bears a reasonable relationship to revenue production; or
  3. Congress has the POWER TO REGULATE the activity;
  4. May constitute a penalty if the prohibited act is unlawful, relative heavy burden, not collected by tax authority.
20
Q

**

Spending Power

A
  1. Congress may spend to provide for the common defense and general welfare;
  2. Congress may attach reasonable conditions to expenditures;
  3. Must be: 1) rationally related to the offered funds; 2) conditions are conspicuous, give choice; 3) not coercive; and 4) may not compel conduct which violates the Constitution (RRCCCC).
21
Q

Commerce Power (ChIJENTIC-CR)

A
  1. Congress has the power to regulate all foreign and interstate commerce, including the Channels, Instrumentalities, and activities that have a substantial effect on interstate commerce.
  2. Substantial effect if: 1) economic in nature; 2) jurisdictional nexus to interstate commerce in the law; 3) Congressional findings explicitly tying activity to interstate commerce; 4) part of a national regulatory scheme; 5) not a tenuous relationship requiring inference upon inference to find connection to interstate commerce; and 6) whether the matter is traditionally of state concern.
  3. Can consider the cumulative effects. Congressional findings evaluated for rational connection to interstate commerce, not actual effect.
22
Q

10th Amendment

A

GRAPHIC
1. powers not Granted or prohibited Reserved to states;
2. Anti-commandeering (regulatory, legislative);
3. Prohibit Harmful activities;
4. Induce through spending;
5. no Coercion.
____________________________
1. All powers not granted to US nor prohibited to states are reserved to states or the people;
2. Congress cannot compel state regulatory or legislative action; but can
3. Prohibit harmful commercial activity; and
4. Induce through spending;
5. cannot coerce.

23
Q

Delegation of Congressional Powers

A

NEISULL

  1. Will always be upheld, never excessive;
  2. No limit on delegation provided there are intelligible standards and power is not uniquely confined to Congress;
  3. Congress cannot usurp or delegate executive or judiciary power to itself or others;
  4. Line item vetoes are unconstitutional;
  5. Legislative vetoes must have bicameralism (passed by House and Senate) and presentment (presented to President to sign).
24
Q

Speech and Debate Clause

A
  1. Immunity for federal legislators for conduct that occurs in the regular course of the legislative process;
  2. Immune from prosecution;
  3. Prosecutors immune from civil.
25
Q

Executive Foreign Power

A
  1. Plenary power to present US in day-to-day foreign relation;
  2. May enact treaties with foreign nations when ratified by 2/3 Senate vote.
26
Q

Treaties (How Enacted and Relative Powers of)

A
  1. Treaty trumps state law, require Senate approval;
  2. last in time with federal law; and
  3. Constitution trumps treaties.
27
Q

Executive Orders (When Effective and Relative Power of)

A
  1. Executive agreements are effective when signed by President and head of foreign nation;
  2. Trumps state law; but
  3. federal law and the Constitution trump executive orders.
28
Q

Commander in Chief (Three Parts)

A
  1. President has broad powers to use American troops in foreign countries for up to 60 days without congressional approval, but may not declare war;
  2. Shares power with Congress;
  3. May take military action in response to actual hostilities against US without Congressional declaration.
29
Q

Appointment Power (Five Parts AdVIAD)

A

SAVIILD
1. Senate Advice and consent
2. Vest Inferior officers, heads of agencies, lower courts
3. may not give Itself powers
4. cannot Limit Diplomatic choices
___________________________
1. President may appoint with advice and consent of Senate;
2. Congress may vest appointment of inferior officers in President, heads of departments, or lower federal courts;
3. Congress may not give itself or its officers appointment power;
4. Congress cannot create a new federal agency by statute;
5. Congress cannot limit President’s choices for diplomatic representatives.

30
Q

Removal Power: Who may president remove, and what exceptions? Why exceptions. Primary considerations.

A

REO LID CPOD
1. president may Remove Executive Officers
2. congress may Limit where Independence
3. Desireable and good cause
4. Core function not impaired
5. Principal Officer at Dependent always removable
______________________________
1. President may remove any executive branch official unless limited by statute;
2. Congress cannot prohibit but may limit removal in an office where independence from President is desirable and for good cause;
3. Cannot adversely impact executive’s core functions.

________________________________________

  1. Inferior officer at dependent or independent limitation constitutional, so is principal officer at independent agency.
  2. Pricipal officer at dependent agency only removable unilaterally by the president.
31
Q

Impeachment

A
  1. President, Vice President, federal judges, and officers of the US; can be
  2. impeached and removed by Congress for treason, bribery, or high crimes and misdemeanors.
32
Q

Executive Immunity

A
  1. President has absolute immunity to civil suits for money damages for any actions while in office;
  2. Does not apply to actions taken before or after Presidency.
33
Q

Power to Pardon

A
  1. President can pardon those accused or convicted of federal crimes;
  2. Plenary power which cannot be usurped by Congress; but
  3. does not apply if person is impeached by the House.
34
Q

Power to Veto May be Overridden if…

A

Act may still become law if overridden by 2/3 votes of each house.

35
Q

Jackson Test

A
  1. President’s power is at its maximum when acting with implied or express authority of Congress;
  2. at minimum power if against the will of Congress; and
  3. in the zone of twilight if Congress is silent unless the act USURPS another branch or prevents branch from carrying out.
35
Q

Pocket Veto

A
  1. President has 10 days to exercise veto power;
  2. If failure to act, bill becomes law if Congress is in session; but
  3. is automatically vetoed if Congress is out of session.
36
Q

Preemption

A
  1. Express if federal law expressly says that federal law is exclusive in the field;
  2. Implied if federal law is silent or:
    A) cannot comply with both laws (but states can enact stricter laws);
    B) impedes federal objective; or
    C) congressional intent is to occupy the entire field.
37
Q

State Taxation of Fed

A
  1. States may not tax or regulate federal government activity;
  2. Power to tax is the power to destroy.
38
Q

Dormant Commerce Clause

A

DOS NUB
1. states may regulate interestate commerce when not preempted or Discriminatory against Out of Staters;
2. intentional = No alternative; otherwise
3. Undue Burden + not clearly excessive;
___________________________
1. States may regulate interstate commerce if not preempted by federal or
2. discriminatory agains out-of-staters - strict scrutiny;
3. not discriminatory = undue burden (RB + not clearly excessive.
________________________________________
1. State or local law is unconstitutional if it places an undue burden on interstate commerce (implied commerce clause);
2. Law which is discriminatory on its face will be per se invalid unless for an important state interest and no less discriminatory means;
3. Discriminatory in purpose or effect upheld if law serves important state interest not motivated by economic protectionism and no less discriminatory means;
4. Not discriminatory but burdensome follows Pike v. Bruce Church, Inc.:
A) law has a legitimate goal;
B) rationally related to that goal; and
C) burdens on interstate commerce not clearly excessive to benefit.

39
Q

Market Participation

A
  1. Commerce Clause does not prevent a state from preferring its own citizens if state is acting as a market participant;
  2. Privileges and Immunities Clause does not apply.
40
Q

Congress Approval DCC

A
  1. If Congress approves the state law it is permissible even if it violates the DCC;
  2. Cannot violate P&I.
41
Q

Privileges and Immunities Clause

A
  1. No state shall deny citizens of other states of the privileges and immunities it accords its own citizens. Will survive judicial scrutiny if:
    a. A) nonresidents are a peculiar source of the problem to be remedied;
    b. B) substantial relationship between problems caused by nonresidents and discrimination; and
    c. C) no nondiscriminatory means available.

________________________________

  1. Does not prohibit interests not fundamental to national interest;
  2. Does not apply to corporations;
  3. No market participation exception;
  4. Congress cannot enact laws violating.
42
Q

Full Faith and Credit

A
  1. Courts in one jurisdiction must give full faith and credit to courts in another state;
  2. as long as not a discriminatory tax.
43
Q

Supremacy Clause vs. Preemption

A
  1. Preemption involves some federal law and Congressional intent to displace some state law;
  2. Supremacy Clause does not depend on Congressional intent; and is
  3. not subject to change by Congress.
44
Q

DCC - Traditional Government Function

A
  1. No DCC issue when state favors local government
    over private businesses; if
  2. area of traditional government function.
45
Q

State may regulate interstate commerce when…

A
  1. Reasonably related to health and safety;
  2. Not undue burden on interstate commerce;
  3. No discrimination against interstate commerce;
  4. Not preempted by federal; and
  5. No Constitutional rights violated.

Constitutional Law (11 decks)

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