Constitution Flashcards
Federal Gov is immune from direct state regulation.
However, Congress may waive this immunity and require the fed gov to comply with state law by clearly indicating federal consent to be bound.
- The court would uphold the penalty if Congress had explicitly required the Army company with state asbestos regulations.
Article 3
Judicial Vesting Clause
Original Juridiction
a court has authority to hear a case right when it starts; rather than hear it on appeal.
Supreme Court has
both 1) original and 2) exclusive jurisdiction over cases between two states.
Public Ministers, Ambassadors, Consuls,
Original jurisdiction
Appellate Juridiction
Some courts have the power to review and modify the decision of the lower court.
Cases can come through appeal
by writ of certiorary (a discretionary appeal that judge have to agree to hear).
Congress can
enlarge or restrict the supreme court’s appellate juridiction.
11th
We don’t want citizens suing a state in Federal Court. Because Federalism.
A state wants to show
it is transparent, moral , and responsive towards it’s citizens, and committed to strengthening its policies through legal challenges.
States view
the federal courts actually a superior forum to litigate.
Federal government sues
state government in federal court;
this is allowed.
Congress can
abrogate a state’s immunity.
Congress can enforce the provisions of the 14th Amendment
through “appropriate legislation.”
- When a sate is fucking with their citizen’s civil rights. Daddy federal government will step in.
Federal Government will abrogate the state’s immunity
in a fucking instant and you are about to meet US District Judge Thomas Walters who will fuck your whole state up.
Congress can authorize suits and damages against states
in Federal Court under the 13th (Slavery), 14th (Equal protection under the laws and civil rights) and 15th (cannot prevent voting based on race).
If a state violates the 13, 14, and 15th
they are now about to be sued in Federal Court.
2 states at war in Federal Court.
OK; so long as one state isn’t secretly bringing the suit on behalf of their citizens.
Suits against State Officers
you ex parte young addicts;
In the case of ex parte young;
there was this state official who was like, “I don’t give a fuck about trains.” they can no longer have wheels.”
Ex Parte Young: Tere was a federal law saying
You cannot mess with trains.
If someone sued him, in Federal Court for violating the federal train law;
State citizen suing state official in Federal Court? Seems a little sketchy for the 11th Amend.
The court decided that a state citizen could only sue state officials
if they were acting outside of their legal authority and violating federal law. and they could only sue them to enjoin them from violating federal law.
that is, only for an injunction to stop them violating the federal law and not money damages.
Ex parte: the State official is messing with the trains.
It is against Federal Law for officials to mess with the trains. He is acting outside of his authority as a state official. they can now bring him into Federal Court to get an injunction on him that says, “stop violating Federal law.”
Suing a state official in Federal court for money damages
which would be paid by non other than the State: would be no different from suing the State itself.