Constitutional Flashcards
Can the federal court hear the case?
- Is the case one the federal court can hear?
FQ, different states, citizens of different states, citizen vs. person from foreign state, admiral/maritime, U.S. is a party. - Is the case allowed under the 11A?
A person cannot sue a state in another state/federal court, unless the state or Congress consent. This rule does not apply to:
i. Government claimants
ii. If suing local, municipal, county gov’t
iii. Seeking injunction against a named state officer or agency for:
A. Injunctive relief
B. Money damages to be paid personally
C. Prospective payment to be paid by the state - Is the case pending in state court?
If so, the federal court likely will not hear it unless there is proven harassment or it is being prosecuted in bad faith.
4. Does it involve a political question? A matter reserved for another branch of government, or one that the judiciary is incapable of answering. Examples: - Republican form of gov't clause - Procedure for amending constitution - Process of removal or impeachment - Election/qualifications of congress - Foreign affairs reserved for president - Seating of delegates at political convention
- Does the plaintiff have standing?
A. Injury: there is an actual or imminent injury
B. Causation: it is fairly traceable to the defendant’s conduct
C. Redress: a favorable outcome will prevent the harm or mitigate the injury
The case must also be ripe and cannot be moot.
Ripe: There was an actual injury or it is substantially certain
Moot: There must be a live case or controversy throughout the proceeding. Examples of things that are not moot, but look moot:
- Collateral consequences
- Class actions
- Defendant voluntarily stopped
- Injury is capable of being repeated to plaintiff
Some specialized cases of standing:
- Taxpayer standing
- Legislator standing
- Third-party standing
- Organization standing
List of Congress’s Powers
1 Necessary and proper (combined with an enumerated power) 2 Taxing 3 Spending 4 Commerce 5 Property 6 War & Defense 7 Admiral and maritime 8 Investigatory 9 Postal 10 Copyright & Patent 11 Coin money 12 Citizenship 13 Delegate 14 Impeachment 15 Bankruptcy
Necessary and Proper
Congress has power to enact laws that are necessary and proper to carry out any enumerated powers
Taxing Power
Congress can impose taxes to regulate behavior so long as the tax:
- Has a reasonable relationship to revenue
- Congress has the power to regulate the activity
Spending Power
Congress can spend for any public purpose.
Cannot force states to enact federal programs. However, you can place conditions on the receipt of funds as long as it:
- Serves general welfare
- Is unambiguous
- Relates to legit federal interest
- Is not unduly coercive
Commerce Power
Congress has power to pass laws re:
- Channels and instrumentalities
- People or things
- Anything with a substantial affect
on/in interstate commerce.
Basically, they can regulate anything economic, or anything non-economic that has an affect on interstate commerce.
- Even if it is wholly intra-state and its aggregate affect is on interstate commerce.
It can be a direct regulation, or indirect by threatening to take away funding under spending power.
War Power of Congress
- Declare war
- Support navy, army, military
- Mobilize troops and regulate to support war effort during war times
Congress’ Power to Delegate
Congress can delegate to other branches, unless it is something reserved to Congress by constitution.
- Must delegate w/ intelligible standards
Congress cannot retain power to veto/remove an executive officer
List of Executive’s Powers
- Veto Power
- Enforcement
- Appointment and Removal
- War and Foreign Affairs
Enforcement Power
President must enforce congressional laws, even if he disagrees with them.
Youngstown Test
- Acting with consent: likely valid; powers at max
- Acting when congress silent: will be upheld as long as not taking power from other branch
- Acting against express will: likely invalid
Appointment Power
Executive
President can appoint and remove executive officials. He can appoint principal officers with advice and consent of Senate.
- Senate can only pick inferior officers
President’s War Powers
- Conduct military operations (during times of war)
2. Respond to attacks or take emergency actions (unless Congress said not to)
Foreign Affairs
Treaties: agreements b/w two nations - Requires 2/3 Senate approval - SET (effective when signed) - NSET (needs legislation) > Takes precedent over earlier-passed federal statutes
Executive Agreements: b/w heads of state
- Trumps state law, but not federal
- Effective once signed
State vs. Federal Government
- State cannot tax, regulate, or sue feds
- Federal law preempts state law.
Preemption happens 3 ways:
1. Actual conflict between the laws (states can have more strict laws, as long as you can comply with both).
- State law prevents achievement of federal objective (even if unintentional)
- Congress passed extensive legislation seeking to occupy the field and prevent states from regulating that area.
States vs. Other States
What are the possible issues?
- Privileges and Immunities (Article 4)
- Dormant Commerce Clause
- Full Faith and Credit Clause
- Interstate Compact Clause
Privileges and Immunities
Article 4
A state cannot discriminate against out-of-state citizens with respect to fundamental rights, unless there is a substantial justification and no less restrictive means.
This is usually employment (only a right in Article 4)
Does not apply to corporations or aliens
Dormant Commerce Clause
The U.S. Constitution provides that Congress has the power to regulate interstate commerce.
In the absence of congressional legislation on the subject, a state retains authority under its general police powers (of the 10A) to regulate local aspects of interstate commerce through their powers.
A state law will be struck down if it discriminates against (or unreasonable burdens) interstate commerce.
Facial Discrimination: SS
It will be struck down without further inquiry, unless it is narrowly tailored to a compelling state interest, and there is no reasonable non-discriminatory alternative.
Unreasonable Burden (Facially Neutral): IS It will be valid only if it serves an important state interest and it does not impose an unreasonable burden on interstate commerce. (Balance the effects of the law on interstate commerce vs. state's interest served by law.)
Discriminatory Tax
1. A tax that is facially discriminatory will be struck down
2. A tax that is facially neutral will only be upheld if the benefit of the tax is not outweighed by the burden on interstate commerce. This is a three-step analysis:
A. There is a substantial nexus b/w the taxpayer and the state (look to see if the goods are intentionally stopping in the state, or if it is brief);
B. The tax is fairly apportioned; and
C. There is a fair relationship between the tax and the service provided by the state.
Exceptions to the DCC:
- Congress passed the law
- State is a market participant
- It is a traditional government function (i.e., waste disposal)
Full Faith & Credit
Courts must honor the judgments of other states’ courts if:
- The deciding court had jurisdiction; and
- They made a final decision on the merits
Interstate Compact Clause
States cannot agree with other states to increase their political power at the expense of federal supremacy.
What rights do not apply to the states?
5th: Right to a grand jury
7th: Right to a jury trial in a civil case
8th Amendment: Prohibition Against Cruel and Unusual Punishment
- No death penalty for crimes before 18
- No life w/o parole for non-homicide crimes committed before 18
- No requiring judges to impose life w/o parole to a minor if you do not allow judge to consider other circumstances
Retroactive Legislation: Contracts Clause
A state cannot impose legislation that:
- Substantially impairs
- A pre-existing contract
- Unless it is narrowly tailored to serving an important interest