ConLaw Flashcards
Justiciability
(1) Standing
(2) Ripeness
(3) Mootness
(4) Collective Suit
(5) Political Questions
Ripeness
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
Mootness
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.
Three Kinds of Standing
(1) Individual
(2) Third-Party
(3) Organizational
Individual Standing
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.
Third-Party Standing
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.
Organizational Standing
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.
Commerce Clause
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.
Substantial Economic Effect
(1) may be local, if aggregate
(2) must be economic activity, not inactivity
10th Amendment Limits on Congress
(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
Spending Clause
Plenary - so long as for general welfare
Under 10th Amendment, CANNOT cut off significant amount of funding
Dormant Commerce Clause Umbrella
Bars states from unduly burdening interstate commerce, which is the subject of plenary regulation by the federal government.
Dormant Commerce Clause Rule
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
DCC Exceptions
(1) Important Interest, no alternative
(2) Market Participant
(3) Traditional Public Function
Article 4 P&I
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.
Delegation
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?
Taxing Power
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.
Contracts Clause
State or local gov’t may not substantially impair the obligations under private contracts, unless it meets INTERMEDIATE SCRUTINY
Legislative Veto
Unconstitutional for lack of bicameralism or presentment.
Supremacy Clause
When governmental power belongs both to the federal government and the state, the Supremacy Clause renders state conflicting law void
Preemption
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.
President Powers
(1) Executive
(2) Appointment Power
(3) Power over Internal Affairs
(4) Commander in Chief
(5) Foreign Affairs
Appointment Power
President has power to appointment ambassadors, judges, and officers of United States with advice and consent of Senate
Power over Internal Affairs - Youngstown
(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.
Due Process Requirement
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.
Deprivation
Must be intentional, not negligent, and a deprivation means that the government affords no remedy or an inadequate remedy.
Deprivation of Liberty
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.
Deprivation of Property
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.
Fairness of Hearing - Matthews
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.
14th Amendment
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.
State Action
Claim based on deprivation by state or local gov’t of equal protection or substantive due process fundamental rights, there must be state action.
Equal Protection Intent
Three kinds of intent:
(1) facial discrimination,
(2) discriminatory purpose, or
(3) law is being discriminatorily applied.
Strict Scrutiny
(1) Suspect Classifications (race, religion, nationality) or fundamental liberties
(2) GOV has burden of proving it is NECESSARY to achieve compelling governmental interest
Intermediate Scrutiny
(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.
Rational Basis
(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.
Substantive Due Process
If infringed liberty interest is fundamental, court applies strict scrutiny.
