Constitutional Law Flashcards
Supreme Court: Original Jurisdiction
- Between the States; and
- Suits affecting ambassadors, consuls, and those in which a party is a State HOWEVER Congress can, and has, given concurrent jurisdiction to district courts for these suits.
Article IV Privileges and Immunities
Prohibits discrimination by a state against non-residents, must be intentionally protectionist in nature. Only applies to fundamental rights. Only applicable to individual persons.
Article IV Privileges and Immunities: Fundamental Rights
Fundamental rights include important commercial activities or civil liberties.
Article IV Privileges and Immunities: Exceptions
Exception if State has a substantial justification, i.e., that the out of state residents are the cause or part of the cause of the problem and there is no less restrictive means.
RECREATIONAL ACTIVITY IS EXEMPTED
14th Amendment: Privileges of National Citizenship
States may not deny their citizens the privileges and immunities of national citizenship. CORPORATIONS NOT PROTECTED BY THIS CLAUSE, but they ARE protected under 14th Amendment equal protection and due process clauses, as well as dormant commerce clause.
Standing
- Injury in Fact: Actually injured, particularized.
- Causation
- Redressability.
Ripeness
A court may only hear a live case or controversy. That is, there must be an actual dispute over the rights and obligations of parties, such that resolution will clarify those rights and obligations. A court may not issue advisory opinions. Ripeness may exist even if one party voluntarily curtails their conduct where there is the ongoing possibility of a violation.
Organizational Standing
An organization has standing to bring a suit on behalf of its members where the
members can be adequately defined and the organization can show that it adequately represents the members’ interests.
