Constitution - Essay rules Flashcards
ISSUES CHECKLIST - 6
- RAMPS
- State Action
- Limits: 11 A, 10A, Delegation
- S: Sup / Preemp | DCC | P and I | Ks Clause
- F: C (Commerce, Tax & Spend), Executive, Judiciary
- TRADES: Takings, Religion, Ass, DPC, EPC, Speech
STANDING
Individual Standing
Fr stndng, a P mst shw (1) i-i-f (concrete and partic; fr injunc or dec relief, satsfied if imminent) (2) csd by allgd unlwfl gov actn, and (3) redressability (likely, as opposed to speculative, a favrble ct decsion will elim the injury).
STANDING
Organization Standing
An org may bring an action of behalf of its members if (1) its members have standing, (2) the interests at stake are germane to the org’s purpose, and (3) neither the claim asserted nor relief requested req individ members’ part in the lawsuit.
STANDING
Taxpayer Standing - A fed taxpayer has standing….
Third Party Standing - 3P standing is allowed
Taxpayer Stndng: A fed taxpayer hs stndng to challenge a measure (1) enctd u/ Con’ T and S pwer (2) tht exceeds some specific limit on the pwer. The Est Clse is only limit on th pwer. H,T
3P Standing is allowed whn (1) a 3P is unable to assert its own rights, and (2) a P w/ standing (a) has a close r/ship with the 3P, or (b) suffers an injury that adversely affects the P’s r/ship w/ th 3P resulting in an indirect violation of 3P’s rights. H,T
STANDING
Mootness
Ripeness
Advisory Opinion
Mootness: There must be a live controversy at all review stages. H,T
Ripeness: Ripnss refers to readiness of case for lit. A FC will nt consider a claim b4 it ful dvlps; to do so is prem, and any potntial injury speculative. H,T
Advisory Opinion: A FC may not render AOs on th cx’ality of proposed action or leg, bt may grant a dec j/ment whn th challngd action poses a real and immediate danger to a party’s interests. H,T
STATE ACTION
The Cx only prohibits govtal infringement of cx rights, so P must prove there was state action. This occurs when the action performed is one that is a traditional public function, or the govt is heavily entangled in the action.
10th AMENDMENT
The 10A prvds pwrs nt grntd to th fed gov or prhbtd to th states are reserved to the states. Congress cannot compel states to implement specific state legislation.
H, Congress did not intrude into an area left to the states under the 10A b/c [Reg] was within Congress’ enumerated power to [regulate ISC / tax and spend]. Thus, there was no 10A violation.
SUPREMACY CLAUSE
If fed law preempts …
If fed law preempts state lw, th state lw will be invalid u/ the Sup Clause. The USCx and fed laws made pursuant to it are the supreme laws of the land and may either expressly or impliedly preempt local laws.
Fed law exprssly preempts state lw whn (1) the Cx makes fed pwer exclusive, or (2) Congss encts leg’n explicitly prohbtng state regualtion in the area.H,T
A fed law impliedly preempts a statte if (1) fed and state laws are mutually excl, (2) state law impeds the obj’s of fed law, or (3) Congss evidnces a clear intent to preempt the field.
11th AMENDMENT
The 11A prohibits…
The 11A prohibits FCs from hearing a private party’s claims against a state govt. Actions cn be brought against [state officers to enjoin future conduct that violates the US Cx or fed law].
- H, Oilco could not file suit against State X, but if Oilco named the state officers enforcing the statute as Ds, the action could be heard in federal court. *
- Thus, Oilco’s suit was not prohibited by the 11th Amendment.*
DELEGATION OF LEGISLATIVE POWER
Because…
B/c Congress is vested by Art I with “all leg powers”, it may not delegate that power to any other branch of govt., but delegation of some of Congress’ authority to the Exec branch has been held cx’l sla Congress specifies an “intelligble principle” to guide the delegation.
<em>H, Congress authorized _ to carry out a statute “…”. This delegation was valid b/c each of the regulations was an intelligble standard. Thus, valid delegation of legislative power.</em>
TAXING AND SPENDING POWER
Congress has the power to T and S for the general welfare, and to condition states’ receipt of fed funds sla the condition is related to the purpose for which the funds are granted.
H, the purpose of the federal funds are to… [implementing seatbelts improved highway safety]. [Regulation]’s condition on states’ receipt of funds was related to the purpose of the federal funds. Thus, the Regulation was within Congress’ enumerated powers.
COMMERCE CLAUSE
then, only if applicable (ie state acting):
DCC
(1) Discriminatory
- Exception: Market Participant
- Exception: Trad. Govt Function
(2) Unduly Burden ISC
* When there is a DCC issue, see if facts also tirgger Privileges and Immunities issue, especially when a regulation involves a state discriminating against other states.*
Cngrss may exrcise pwers spcfclly enmrtd by USCx. The CC empwrs Cngrss to reglte foreign and ISC. Cngrss hs pwer to reglte (1) channels, (2) instrumntlities and (3) any activity that substntially affects ISC, prvdd reg does nt infringe any cx right.
[W/ rspct to ecnmc actvties, ala ct cn imagine a RB for cncldng the total incidence of th activity in the aggregte substntially affects ISC, Cngress cn regulte small pieces of th total.]H,T
DCC A state may regulate an area of ISC if Cngrss has nt enctd laws sla its statutes do nt (1) discrim against o-o-s commerce, or (2) unduly burden ISC.
(1) A state law discriminates agnst o-of-s comp if it protects local ecnmc intrsts at the expnse of o-of-s comp. If a statte is discrim, the statte may be valid if (1) it furthers an imprtant nonecnmc state intrst, and (2) there are no reas nondiscrim alternatives.H,T
[Exc: Market Partic]: A state may prefer its own citizens whn acting as a mp. H,T
[Exc: Trad Govt Function]: A reg relating to a state perfrmng a trad govt function is valid. H,T
(2) Unduly Burden ISC (only do if no discrimination) A nondiscrim state law may be invlid if the burdns on ISC outweigh the promotion of legit state intrst. In balancing the state law objective against the burden on ISC, cts consider whthr thre are less-restrictive alternatives.H,T
In conclusion,
DUE PROCESS
The DPC…
Procedural Due Process
When govt action…
The DPC [5/14] prvds th gov shall nt tke an indiv’s L,L, or P w/out DP of the law.
-
PDP: Whn GA advrsly affects L or P intrsts, ct asks 2q’s in detrmnng PDP: (1) threatnd intrst protctd?, (2) if yes, wht prcss is due P?
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Threatened Interest Protected
- “Prop” intrst invlves mre thn an abstract need or desre for a benfit. Must be a legit. claim or enttlmnt / S or F law. H,T
- Lib deprivtn occrs whn a prsn loses (1) phy fredom, (2) fun rights, or (3) choice. H,T
- Prcss Due P If GA threatns a prtectd intrest, ct consid 3 factrs in detrmnng PD: (1) private intrst affectd, (2) value of procdurl safeguard and (3) fiscal n admin burden in prvdng the + or substttd prcss.H,T
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Threatened Interest Protected
DUE PROCESS
Substantive Due Process
The SDP clause guarntees th fairness of lw and tht lws will be reas and nt arbitrary. If a fund right is involved, the ct applies SS; If no fund right is involved, th ct applies RB.
EQUAL PROTECTION
EPC/DPC prvids all prsns are enttled to EP of th laws. EP iss arse whn gov trts sim situtd indvdls dffrntly bsd classf amng indvduals.
- State Action
- Class - FR - If FR is involved, ct applies SS. (1A, Travel, Privacy)
- Class - SC[NatOrgn/Rce/Alieng] Whn law clssfies bsd on a sspct clss, SS app IF intnt on prt of gov to dsscrm. If no discrim intnt, RB app. Discrim Intnt cn b shwn (1) facially, (2) as appld, or (3) whn discrim motive.
- Class - [Gndr/Legit] Whn law class bsd on [g/l], IS app IF intnt on prt of gov to discrim. If no discrim intnt, RB app. Discrim Intnt cn b shwn (1) facially, (2) as appld, or (3) whn discrim motive
- Class - [Age/Disablty/Wealth/undoc aliens] Nn-sspct class. are sbjct to RB.
