Constitutional Law 1-6 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
