ConLaw

Question 1

Justiciability

Answer 1

(1) Standing
(2) Ripeness
(3) Mootness
(4) Collective Suit
(5) Political Questions

Question 2

Ripeness

Answer 2

A federal court will not hear a case unless
(1) plaintiff has been harmed, or
(2) there is an immediate or imminent threat of harm

Question 3

Mootness

Answer 3

If relief that would be requested has been obtained, or is no longer a realistic solution, the case is moot and court will not hear it.

However, if controversy is “capable of repetition and yet evading review” it will be heard. Do NOT discuss unless about elections, pregnancy, or divorce.

Question 4

Three Kinds of Standing

Answer 4

(1) Individual
(2) Third-Party
(3) Organizational

Question 5

Individual Standing

Answer 5

An individual P must show
(1) specific injury
(2) a causal connection
(3) a ruling in P’s favor would eliminate the harm to P.

Question 6

Third-Party Standing

Answer 6

P may assert the constitutional rights of other sonly if
(1) P has suffered personally suffered injury, and
(2) either
(a) third parties find it difficult to assert their own rights, or
(b) P’s injury adversely affects P’s relationship with third parties.

Question 7

Organizational Standing

Answer 7

An org can challenge action that injures its members if
(1) there is an injury in fact to individual members - ANALYZE all 3 elements
(2) the injury is related to the organization’s purpose; and
(3) neither the nature of the claim nor the relief requires participation of the individual members in the lawsuit.

Question 8

Commerce Clause

Answer 8

This allows congress to regulate
(1) the CHANNELS of interstate commerce, such as the roads, rivers, and highways;
(2) the INSTRUMENTALITIES of interstate commerce, such as trucks, boats, trains, cars, telephone and telegraph wires, and the internet; and
(3) activities with SUBSTANTIAL ECONOMIC EFFECT on interstate commerce.

Question 9

Substantial Economic Effect

Answer 9

(1) may be local, if aggregate
(2) must be economic activity, not inactivity

Question 10

10th Amendment Limits on Congress

Answer 10

(1) Requiring states to act in a certain way
(2) Coercing states by over-penalizing

Commandeering: prohibits Congress from commandeering states to regulate or perform acts in aid of federal law without funding activities

Question 11

Spending Clause

Answer 11

Plenary - so long as for general welfare
Under 10th Amendment, CANNOT cut off significant amount of funding

Question 11

Dormant Commerce Clause Umbrella

Answer 11

Bars states from unduly burdening interstate commerce, which is the subject of plenary regulation by the federal government.

Question 12

Dormant Commerce Clause Rule

Answer 12

State or local law violates the dormant commerce clause if it
(1) DISCRIMINATES against out of state competition to BENEFIT local economic interests, and
(2) is UNDULY BURDENSOME - legitimate local benefits do not outweigh the incidental burden on interstate commerce

Question 13

DCC Exceptions

Answer 13

(1) Important Interest, no alternative
(2) Market Participant
(3) Traditional Public Function

Question 14

Article 4 P&I

Answer 14

Prohibits discrimination by a state against citizens of other states as to fundamental rights. Means:
(1) civil liberties, such as those in 1st, 2nd, 4th, 5th, and 6th Am’s, and
(2) commercial activities, such as right to earn a living.

UNLESS substantial justification.
(1) Non-residents are the cause or problem
(2) no less restrictive means.

Does NOT apply to corporations.

Question 15

Delegation

Answer 15

Congress may delegate authority to administrative agencies, or to executive officers. Two-step analysis:
(1) Can it delegate? - May delegate enumerated powers, with intelligible articulable standards.
(2) Does the agency regulation conform?

Question 16

Taxing Power

Answer 16

Congress has the plenary power to tax. Tax is valid if
(1) reasonably related to revenue raising or
(2) congress can otherwise regulate the taxed activity.

Question 17

Contracts Clause

Answer 17

State or local gov’t may not substantially impair the obligations under private contracts, unless it meets INTERMEDIATE SCRUTINY

Question 18

Legislative Veto

Answer 18

Unconstitutional for lack of bicameralism or presentment.

Question 19

Supremacy Clause

Answer 19

When governmental power belongs both to the federal government and the state, the Supremacy Clause renders state conflicting law void

Question 20

Preemption

Answer 20

Express: Congress explicitly states that the law preempts all state and local regulation.

Implied: Three types of implied preemption:
(1) Actual Conflict
(2) Interference
(3) Congress intended to occupy the entire field of regulation in that
(a) it is significantly comprehensive in scope and
(b) it creates an agency to administer to field.

Question 21

President Powers

Answer 21

(1) Executive
(2) Appointment Power
(3) Power over Internal Affairs
(4) Commander in Chief
(5) Foreign Affairs

Question 22

Appointment Power

Answer 22

President has power to appointment ambassadors, judges, and officers of United States with advice and consent of Senate

Question 23

Power over Internal Affairs - Youngstown

Answer 23

(1) Express Authority from Congress: His authority is at a maximum and his actions are valid.
(2) Congress Silent: President can act if he or she does not usurp powers of another branch or prevent another branch from carrying out its tasks. (E.g., commerce.)
(3) Against Express Will of Congress: Actions invalid.

Question 24

Due Process Requirement

Answer 24

Individuals have a right to due process before gov’t acts to deprive them of life, liberty, or property.

This includes fair process or procedure, which requires
(1) notice and opportunity to be heard before a neutral decision-maker and
(2) that “punishment” is not excessively disproportionate to “crime”.

Begin by identifying the right.

Question 25

Deprivation

Answer 25

Must be intentional, not negligent, and a deprivation means that the government affords no remedy or an inadequate remedy.

Question 26

Deprivation of Liberty

Answer 26

When P
(1) loses significant freedom of action (such as commitment to jail or a mental institution), or
(2) is denied a freedom provided by the Constitution or by statute, such as the freedom of speech.

Question 27

Deprivation of Property

Answer 27

Personal belongings and realty, chattels, or money and intangible property, but also includes
(1) legitimate claims and entitlements,
(2) development rights, and
(3) vested right to continued public employment by a tenured employee except for cause.

Question 28

Fairness of Hearing - Matthews

Answer 28

The test for fairness of the type of process required:
(1) importance of the individual liberty or property interest
(2) value of specific procedural safeguards protecting that interest (including proportionality)
(3) countervailing governmental interest in fiscal and administrative efficiency.

Question 29

14th Amendment

Answer 29

The 14th Amendment bars state and local gov’t deprivation of equal protection and substantive due process rights, including those rights that apply to the states through incorporation under the 14th Amendment.

Question 30

State Action

Answer 30

Claim based on deprivation by state or local gov’t of equal protection or substantive due process fundamental rights, there must be state action.

Question 31

Equal Protection Intent

Answer 31

Three kinds of intent:
(1) facial discrimination,
(2) discriminatory purpose, or
(3) law is being discriminatorily applied.

Question 32

Strict Scrutiny

Answer 32

(1) Suspect Classifications (race, religion, nationality) or fundamental liberties
(2) GOV has burden of proving it is NECESSARY to achieve compelling governmental interest

Question 33

Intermediate Scrutiny

Answer 33

(1) Classification based on gender or legitimacy.
(2) GOV has burden of proving classification is substantially related to achieving important governmental interest. Requires a close fit between means and ends.

Question 34

Rational Basis

Answer 34

(1) All classifications other than suspect classifications, gender or legitimacy, and non-fundamental liberty interests.
(2) Plaintiff has burden of proving classification is not rationally related to legitimate governmental interest.

Question 35

Substantive Due Process

Answer 35

If infringed liberty interest is fundamental, court applies strict scrutiny.