ConLaw1 Flashcards
**Case or Controversy Art. 3 § 2
[RAMPS] Ripeness Advisory Action Mootness Political Q Standing
ADVISORY OPINIONS:
[ +Congress empowered Fed Cts to hear cases involving as parties: … ]
NO FED. JX., unless there is an ACTUAL DISPUTE. CA: State Cts. can render NON-BINDING decisions.
[1) U.S. 2) a State 3) State & Citizen of another State 4) Citizens of 2 =DIV +5) Fed. Q. cases => unC ! if Congress permits action b/w 2 citizens of SAME state, unless there’s a FedQ.! ]
*STANDING:
P has concrete pers. STAKE in the outcome of the LIT:
1) INJURY IN FACT: P will suffer PERSONALIZED INJURY,
[incl. Aesthetic / Recreational].
CA: For INJUNCTIVE Relief:
P must show: LIKELIHOOD of a FUTURE harm.
2) CAUSATION by D &
3) REDRESSABILITY by Ct =favorable judgment will remedy the harm.
GR: NO 3P-STANDING:
to ASSERT Claims of Others, UNLESS: CLOSE relationship (nexus) b/w P & injured 3P [Doc-Patient]
- -ORG. may sue on behalf of its members if:
1) min.1 member has Standing
2) connection b/w INJURY & ORG’S PURPOSE &
3) Member’s PARTICIPATION is NOT REQUIRED (for Claim / Relief).
NO GENERALIZED GRIEVANCES … +CA:
Precludes suit solely as CITIZEN /TAXPAYER.
CA: To CHALLENGE Fed. fin. EXPENDITURES enumerated under T&S clause as violating the ESTABL. Clause.
[CA: STATE Taxpayer may contest non-Fed. spending if: MEASURABLE.]
RIPENESS … +CA:
{Diamond Apple about to fall on Newton’s head}
1) GENUINE DISPUTE that
2) THREATENS IMMEDIATE harm to P.
CA: No CONTROVERSY.
MOOTNESS … +CA x3:
if P’s injury or CONTROVERSY ENDS.
CA1: Harm is CAPABLE of REPETITION but evading review [Abortions. Elections.]
CA2: D VOL. STOPS bad acts: b/c could resume anytime.
CA3: CLASS ACTION suits: if min. 1 member has an ONGOING injury.
Supreme Court Review: S.Ct’s Orig. jx.:
in suits involving a) 1 State [NOTE: Fed. Cts have no concurrent jx. in disputes b/w 2 States] b) AMBASSADORS c) Publ. MINISTERS.
11th AM … +CA:
States canNOT be sued in Fed.Ct. w/o CONSENT.
CA1: Congress may ABROGATE STATE IMMUNITY under the enforcement clause of §5 of 14thAM [Fed. civil rights TRUMP 11AM immun.]
CA2: Sue State OFFICIALS
[to ENJOIN ENF.] or Polit. SUBDIVISION of the State.
CA: if State will pay DMG.
CA3: suit by the FED. G’t / by ANOTHER State.
[ABSTENTION Doctrine:
Cf. INDEPENDENT State grounds: =>No SCt jx for review.]
[
Fed. Cts may ABSTAIN from hearing a PENDING STATE case involving an “UNSETTLED ISSUE of State law,” b/c it might be resolved.
]
COMMERCE Power:
(incl. with FOREIGN Nations & INDIAN Tribes). Congress may REGULATE …:
{State law requires labeling of foreign products and licensing of merchants}
1) CHANNELS of IC [things that ENABLE the CROSSING of state lines: Roads /Internet /Rivers],
2) INSTRUMENTALITIES, persons, & things CROSSING state lines [Truck /Airplanes]
3) ACTIVITIES having SUBST. ECON. EFFECT on IC [“Affectation Doctrine,” incl. aggregate purely LOCAL activities by individuals].
CA: CaN’T aggregate NON-ECON. activity.
ENUMERATED powers +CA:
[Note: Congress has power to INVESTIGATE and SUBPOENA Witnesses to obtain info w.r.t. potential legislation. +Delegate such power to a COMMITTEE.]
Congress can EXERCISE ONLY ENUMERATED powers AND auxiliary powers that are NECESSARY & PROPER to CARRY them out.
[b/c NO gen. FED.“POLICE power”]
[CA: For [MILD]: Military, Indian res., FED. Lands, Distr.ofCol. legis. (“No hunting wildlife leaving Fed. land” Law rat. related to enumerated power b/c helps carry out Fed. Property Power)]
10th AM is a WEAK limit on (commerce) power:
[+Fed. regulations that Control STATE AND PRIVATE persons: are Valid.]
reserves all powers NOT GRANTED to the Fed. G’t to the States.=police power [RB lang.]
CA: Congress canNOT COMMANDEER States to ENACT laws /ENFORCE a FED program.
CCA: OK: INDUCE State G’t action w/ CONDITIONAL GRANTS (under T&S) IF cond. is expressly STATED &RELATES to the purpose of a Spending Program.
14th AM Sec.5: +CA:
Civil rights enforcement
Congress canNOT EXPAND the scope of EXISTING rights or create NEW substantive RIGHTS,
BUT only pass REMEDIAL legislation.
[to PREVENT /REMEDY VIOLATIONS of EXISTING rights].
DELEGATION of Powers
Congress has UNlimited power to DELEGATE almost all of its legisl. power to another BRANCH of G’t CA: but canNOT subsequently retract it via a LEGISLATIVE VETO & LINE-ITEM VETO, b/c NO Bicameralism [=must pass House+Senate] & NO Presentment [=must give bill to Prez. to sign/veto]
