Constitutional Law

Question 1

Jurisdiction for Federal Courts

Answer 1

Article 3, Section 2

Law-Based Jurisdiction - Cases re Constitution or federal law, admiralty and maritime

Party-Based Jurisdiction -

(1) Where the U.S. is a party
(2) Where both parties are states
(3) Between a state and a citizen of another state
(4) Cases between citizens of different states and the amount in controversy is greater than $75,000
(5) Cases affecting ambassadors and consuls

Question 2

11th Amendment

Answer 2

Prohibits PRIVATE individuals from suing states for MONEY damages except IN:

(1) federal suit brought by one state against another state or suits brought by the federal government against another state.
(2) lawsuit against subdivisions of a state (counties, towns, etc.)
(3) Most lawsuits for INJUNCTIONS
(4) if the state consents
(5) Congress authorizes money damages against states for 13, 14, or 15th amendment violations

Question 3

Standing

Answer 3

(1) Injury-in-fact - Actual or imminent injury that is direct and personal
(2) causation - Injury was caused by the challenged action
(3) Redressability - P will benefit from the remedy being sought by the litigation

Question 4

Third-Party Standing - Individual

Answer 4

A party can have standing to enforce the rights of a third party IF

(1) special relationship exists between the P and the third party b/c of a connection between P’s interests and the third-party’s constitutional rights; AND
(2) the third party is unable or finds it difficult to bring suit on their own behalf

Question 5

Third-Party Standing - Organization

Answer 5

An organization has standing to assert claims of its members IF

(1) the members would have standing to sue in their own right
(2) the interest asserted is germane to the organization’s purpose and
(3) Neither the claim asserted nor the relief requested require the participation of the individual members

Question 6

Ripeness

Answer 6

Bars consideration of claims before they have fully developed

B/c the controversy must be ripe for consideration

Question 7

Mootness

Answer 7

If a controversy/matter has been fully resolved, case will be dismissed as MOOT

UNLESS the injury in the case is “capable of repetition, yet evading review.”

Question 8

Political Questions

Answer 8

Matter assigned to another branch by the Constitution or incapable of a judicial answer

FACTORS:

(1) something in the constitution suggesting that the ultimate decision-making authority is given to another governmental actor
(2) Required decision is political rather than legal in character

Question 9

Abstention

Answer 9

Federal courts might abstain or refuse to hear a particular case when undecided issues of state law are presented

Question 10

Adequate and Independent State Grounds

Answer 10

Applicable to the Supreme Court ONLY

If a state court judgment can be supported on an adequate and independent state ground, the Supreme Court will not take jurisdiction (even if the state court decision involves a federal question)

Question 11

Supreme Court Jurisdiction

Answer 11

Original jx over cases involving foreign diplomates and between states

Cannot be changed by Congress

Question 12

Congress’s Power Over the Courts

Answer 12

Lower Courts - Congress can do whatever it wants

BUT for the Supreme Court - Congress can take a case from its appellate jurisdiction and move it to original jurisdiction

Question 13

Congress’s Legislative Power

Answer 13

Congress must have the power to pass the law AND the law must violate a constitutional right

Sources:

(1) Enumerated powers - those stated in the Constitution
(2) Enabling clauses - Enforcing the 13th, 14th, or 15th amendment by “appropriate legislation”
(3) Necessary and Proper Clause - implied power to make laws that are “necessary and proper” to carry out the enumerated powers

Question 14

Congress - Commerce Power

Answer 14

Congress can regulate:

(1) Channels of interstate commerce (i.e., highways, waterway and air traffic)
(2) Instrumentalities of interstate commerce (i.e., cars, trucks, etc.)
(3) Activities that “substantially affect” interstate commerce

Substantial Effect = Inter/intra state economic activity that has a substantial effect upon interstate commerce

Question 15

Congress - Commerce Power - Limitation

Answer 15

Cannot regulate intrastate NON-ECONOMIC activity (i.e., possession of a handgun)

Exception: regulating intrastate non-economic activity with a “comprehensive scheme”

Question 16

Congress - Taxing Power

Answer 16

Congress can impose and collect taxes in order to pay debts and spend for the general welfare.

Question 17

Congress - Taxing Power - Rule

Answer 17

An act purporting to be a “tax” should be upheld as a valid exercise of the taxing power IF:

(1) it raises revenue (objective test);
(2) it was intended to raise revenue even if it doesn’t (subjective test); OR
(3) Congress has the power to regulate the activity that’s being taxed (regulatory test).

Question 18

Congress - Spending Power

Answer 18

Congress can power for the general welfare

NOTE: almost anything meets the definition of “general welfare”

Question 19

Congress - Spending Power - Rule

Answer 19

Congress may place a condition on the receipt of federal funds by a state IF:

(1) Spending serves the general welfare;
(2) Condition is unambiguous
(3) Condition is related to the federal program (relatedness)
(4) State is not required to undertake constitutional action;
(5) Amount in question is not so much that the state is “coerced” into accepting the funds

Question 20

Congress - War and Defense Powers

Answer 20

(1) Congress declares war

(2) During wartime - Congress can institute a draft and initiate wage, price, and rent control of the civilian economy

Question 21

Congress - Civil War Amendments (13th, 14th, and 15th)

Answer 21

To enforce these amendments,

(1) Re 14th and 15th amendment - Congress can only regulate states, not private individuals.

Under the 14th and 15th amendment, Congress can overcome state sovereign immunity (i.e., authorize money damages).

(2) State governments must have engaged in widespread violations of the Amendment; and
(3) Legislative remedy must be “congruent and proportional” to the violation.

Question 22

13th Amendment

Answer 22

Bans Slavery

Question 23

14th Amendment

Answer 23

Prohibits states from violating due process, equal protection, and privileges and immunities

Question 24

15th Amendment

Answer 24

Prohibits states from discriminating with respect to race in voting rights

Question 25

Congress - Delegation of Powers

Answer 25

Congress can create an executive agency and give the agency some legislative power.

NOTE: The agency actions will prevail over inconsistent state law

LIMITATION: There must be some “intelligible principle” that guides the Agency.

Question 26

Congress Powers

Answer 26

(1) Legislative Power
(2) Commerce Power
(3) Taxing Power
(4) Spending Power
(5) War and Defense Powers
(6) Civil War Amendments
(7) Delegation of Power

Question 27

Who is the chief executive?

Answer 27

The president

Question 28

Chief Executive Powers

Answer 28

(1) Enforcement of Laws
(2) Appointment Power
(3) Removal Power
(4) Veto Power
(5) Pardon Power

Question 29

Commander-In-Chief Powers

Answer 29

Military Powers

Question 30

President’s Powers

Answer 30

As a chief executive
AS a commander-in-chief
Re international agreements - treaty power and executive agreement power

Question 31

President - Appointment Power

Answer 31

Appoints “high-level officials” with the advice and consent of the Senate

NOTE: Congress can delegate appointment of “inferior officials” to the President, the judiciary ,or the head of an executive department

Inferior officer - Anyone who has a superior

Question 32

President - Removal Power

Answer 32

President can remove any executive appointee without cause

BUT if the executive officer has a fixed term OR performs judicial or quasi-judicial functions, the president must have cause to remove them

Question 33

President - Veto Power

Answer 33

President may veto an entire bill, but cannot issue a line-item veto (cancelling only certain provisions of the bill)

BUT Congress can override the veto by a 2/3 vote in both the Senate and House

Question 34

President - Pardon Power

Answer 34

(1) can issue pardons for federal crimes only

2) cannot undo an impeachment (because it’s not a criminal conviction

Question 35

President - Military Powers

Answer 35

If Congress hasn’t declared war, the President’s powers are limited to using military force in response to a surprise attack upon the U.S.

If President and Congress disagree, the president prevails re battlefield tactical decisions.

Question 36

President - Treaty Power

Answer 36

President can enter treaties , but requires 2/3 vote of the Senate to become effective

Treaties have the same status as federal law and will override earlier federal law

And treaties take precedence over any conflicting state law

Question 37

President - Executive Agreements

Answer 37

President may enter into executive agreements with foreign nations (does not require Senate approval)

These executive agreements do NOT prevail over federal law.

But they DO prevail over inconsistent state law.

Question 38

Congressional Limits on the Executive Power

Answer 38

(1) Impeachment Power

(2) Appropriations Power

Question 39

Impeachment Power

Answer 39

House has the sole power to impeach.

Senate tries the impeachment (need 2/3 vote to convict)

Impeachable offenses: treason, bribery, and other high crimes and misdemeanors

Question 40

Appropriations Power

Answer 40

Where Congress, by legislative act, explicitly directs the President to spend appropriated money, the President has no power to impound (i.e., refuse to spend or delay spending) the authorized funds.

Question 41

Federal Government Immunity

Answer 41

(1) Sovereign Immunity - Federal government cannot be sued without its consent
(2) Supremacy Clause - Federal law is supreme over state law

Federal agencies are immune from state taxation and regulation that would interfere with their performance of federal functions - meaning a state cannot mandate that federal agents do something not required by federal law.

Question 42

A state is immune from federal taxation if . . ..

Answer 42

The tax is applied to unique state activities or essential government activities

Question 43

Anti-Commandeering Doctrine

Answer 43

Federal government can’t force states to act, nor prohibit them from their acting, in their sovereign capacities (i.e., enforce laws).

Question 44

Dormant Commerce Clause - Part 1

Answer 44

States cannot discriminate against out-of-state economic actors

(A) If a state law discriminates on its face against out-of-state goods or economic actors, the state must show:

(1) Regulation serves a compelling interest; and
(2) Regulation is narrowly tailored to serve that interest

Question 45

Dormant Commerce Clause - Part 2

Answer 45

If a state law merely incidentally burdens interstate commerce, the court will apply a balancing test and the law will be upheld unless the burden imposed on interstate commerce clearly outweighs the local benefits.

EXCEPTIONS:

(1) Congress may affirmatively authorize states to legislate in areas that would violate the Dormant Commerce Clause
(2) States acting as market participants may discriminate between in-state and out-of-state businesses