Constitutional Law 1-18 Flashcards
The 11th Amendment prohibits a party from suing a state or state agency in federal court.
What are the exceptions to this?
The state explicitly consents to waive its 11th Amendment protections;
The suit pertains to federal laws adopted under Section 5 of the 14th Amendment;
The suit seeks only injunctive relief against a state official for conduct in violation of the Constitution or federal law; OR
The suit seeks money damages from a state official.
Priority: HIGH
When does the 11th Amendment not apply?
To local governments;
Federal suits brought by one state against another; OR
A suit by the federal government against a state.
Priority: HIGH
What issues must be resolved to determine if congress validly abrogated state immunity(under Section 5 of the 14thamendment)?
Whether congress unequivocally expressed its intent to abrogate the immunity; AND
If it did, whether they acted pursuant to a valid grant of Constitutional authority.
Priority: HIGH
When does a party have Standing to sue?
It exists when the plaintiff:
Personally suffered an injury in fact;
The injury was caused by the defendant; AND
The injury is redressable by a court order.
Priority: HIGH
Standing
What does a plaintiff NEED to show when seeking injunctive or declaratory relief?
He must show that there is a concrete, imminent threat of future injury that is neither conjectural nor speculative.
Priority: HIGH
Third-Party Standing
vs.
Organizational Standing
Third-party: NOT permitted, but exceptions are made when there is a close relationship between the plaintiff and 3rd party – if it would be difficult for the 3rd party to assert their rights or if the 3rd party is an organization.
Organizational: An organization has standing to sue on behalf of their members if (1) the suit is related to an issue that is germane to the organization’s purpose, (2) the members would have standing to sue, and (3) the member’s participation is not necessary.
Priority: Medium
What does Ripeness refer to?
Whether a case is ready to be litigated.
A case is ripe for review when there is actual harm or an immediate threat of harm to the plaintiff.
Priority: Medium
What does Mootness refer to?
To instances when the dispute has ended or was resolved before review.
A court may hear a case that has ended/resolved when:
The wrong alleged is capable of being repeated and escaping review;
The defendant voluntarily stops an offending practice but can resume it any time; OR
In a class action.
Priority: Medium
Under the Commerce Clause, what may Congress regulate?
The channels of interstate commerce;
The people and instrumentalities that work and travel in interstate commerce; AND
Economic or commercial activities that have a substantial effect on interstate commerce.
Priority: Medium
When will federal regulations regarding intrastate activities be upheld?
If:
If there is a rational basis,
To conclude that the cumulative national impact of the activities;
Have a substantial effect ON interstatecommerce.
*Aggregation CANNOT be used when the activities regulated are NOT commercial or economic in nature.
Priority: Low
What Taxing and Spending Powers does Congress have?
They have the power to tax and spend for the general welfare. These powers are interpreted BROADLY and allows Congress to attach restrictions or conditions on federal funding in order to regulate areas they would otherwise not have the power to do so.
Priority: Low
Spending Power
What must be satisfied when Congress places conditions on States receiving federal funds?
The:
Spending must be for the general welfare;
Condition must be imposed unambiguously;
Condition must be related to federal interests in national projects or programs;
Condition cannot induce unconstitutional activities; AND
Condition cannot be so coercive to turn pressure into compulsion.
Priority: Low
What powers does the President have?
Faithfully execute the law;
Appoint ambassadors, public ministers, consuls, supreme/federal court judges, and other officers;
Appoint inferior officers (when the power is given to him by Congress);
Remove cabinet level appointees
Enter into agreements without senate approval;
Pardon federal crimes; AND
Control troops as Commander in Chief.
Priority: Low
When does Congress have the power to delegate Legislative Powers?
They can so long as:
The powers are delegable under the Constitution; AND
Congress provides reasonably intelligible standards to guide the delegation.
*Congress CANNOT delegate powers it does not have.
Priority: Low
Under the 10th Amendment, all powers not granted to the federal government are reserved to the states.
What can congress do to induce state government action?
They can induce state action by attaching restrictions and conditions on federal funding grants pursuant to its federal taxing and spending powers.
Priority: Medium
