CONSTITUTIONAL Flashcards
What is the power of federal courts?
Federal courts have the power to hear cases and controversies that are based on a federal question, diversity cases, and admiralty and maritime cases.
What are the requirements for standing in a lawsuit?
An individual needs an injury in fact, causation, and redressability in order to file a lawsuit.
What must a case be for a court to hear it?
The case must be ripe and cannot be moot.
Can a court render advisory opinions?
No, a court will not render advisory opinions.
What must an organization show to have standing?
For an organization to have standing,
it must show: a member has standing, the member’s injury is related to the purpose of the organization, and individual members are not required to participate in the lawsuit.
What are adequate and independent state grounds?
The Supreme Court can review decisions of the federal courts of appeals and federal decisions made by state courts. The Supreme Court can hear the latter type of case if the case involves a matter of federal law, it is a final judgment from the highest state court authorized to hear the case, and there are no adequate and independent nonfederal (state) grounds on which the state court decision is based.
Tip: if a state court decision rests on two grounds (a state ground and a federal ground) and the Supreme Court’s reversal of the federal decision would not change the outcome, the Supreme Court cannot hear the case.
What is a political question in the context of federal courts?
Federal courts will not hear political questions (those given to another branch of
government by the Constitution).
Tip: Examples include: “republican form of government” clause challenges, military or foreign affairs decisions, or impeachment.
When should federal courts not enjoin pending state court proceedings?
Federal courts should not enjoin pending state court proceedings unless the case is brought in bad faith or for harassment purposes.
What does the Eleventh Amendment state?
A private individual cannot sue a state for money damages in federal court.
Tip: this is usually the wrong answer on the MBE.
What can and cannot do the Congress to the Courts?
Congress cannot eliminate the Supreme Court or divide it. However, Congress may establish lower federal courts and give those courts jurisdiction to hear the same types of cases that go to the Supreme Court (and it has done so for all cases besides cases between states).
What is the original and exclusive jurisdiction of the Supreme Court?
Original and exclusive jurisdiction for cases between states.
Tip: remember that only the Supreme Court can hear
cases between states.
When does the supreme court has original jurisdiction?
It has original jurisdiction over any case that involves (APS) ambassadors, public ministers and consuls, or where the state is a party.
When does the supreme court has apellate jurisdiction?
It has appellate jurisdiction over a final judgment from the highest state court if the case has a federal issue and there are no adequate and independent state grounds. (There is also rare mandatory appellate jurisdiction.)
What is the Supremacy Clause?
Pursuant to the Supremacy Clause, federal law is supreme and prevails over state law. States may not pass laws (1) that conflict with federal law, (2) that interfere with a federal objective, or (3) in areas where Congress has intended to “occupy the field.”
What does the Federal immunity from state law entail?
A state cannot regulate or tax the federal government. However, a state may tax federal employees the same that they tax everyone else.
Tip: This is a bar exam favorite. E.g., the federal government does not have to abide by state environmental regulation because of federal immunity.
What does the Tenth Amendment state?
Any powers not given to the federal government are given to the states.
Tip: This means the federal government cannot compel states to enforce federal statutes. (However, the federal government is permitted to “incentivize” states to enforce such statutes by offering money to the states.)
What does the Article IV Privileges and Immunities Clause prohibit?
States may not discriminate against out-of-state citizens with respect to fundamental rights unless there is a substantial justification and no less restrictive means.
Tip: This is usually the issue when a state gives a hiring preference to its own citizens and discriminates against out-of-state citizens. Employment is only a
fundamental right for purposes of Article IV.
What does the Fourteenth Amendment Privileges or Immunities Clause prohibit?
States are not allowed to pass laws that would restrict access to vital governmental services (e.g., welfare benefits) to newcomers because such laws would interfere with a citizen’s fundamental right to travel from state to state.
Tip: this is usually the wrong answer on the MBE.
What are the two kinds of discrimination under the Dormant Commerce Clause?
There are two kinds of discrimination: (1) Laws that expressly discriminate for the purpose of favoring in-state commerce. These are automatically
struck down. (E.g., state law imposes high taxes on out-of-state goods and low taxes on in-state goods.) (2) Laws that discriminate against interstate
commerce but are supposedly passed to promote the health, safety, or welfare of the state’s citizens. These are almost always invalid unless the state
can show the law was necessary to serve a compelling state interest and there is no reasonable non-discriminatory alternative (strict scrutiny).
What happens if a state passes a non-discriminatory on its face law that is a burden on commerce?
If a state passes a non-discriminatory on its face law that is a burden on commerce (in-state and out-of-state parties are treated the same, e.g., “everyone driving through the state must have a certain kind of tire”), a balancing test is used (weigh the effects of the law on interstate commerce against the state’s interest served by the law). The law is more likely to be upheld.
True or false: Congress can pass laws that discrimi- nate against commerce.
True.
Tip: Remember that the aforementioned rules apply to the states.
A commonly tested exception is where the state acts as a market participant—that is, where a state acts as a business rather than a regulator.
What is the Full Faith and Credit Clause?
States must enforce judgments of other states if the court that rendered the judgment had jurisdiction and the judgment was a final judgment on the merits.
What does the Congress need to pass a law?
Congress makes the laws but needs bicameralism (approval by both houses) and presentment (approval by the president) in order to pass a law.
Where the Congress gets its power from?
Congress gets its power from the Constitution.
