Constitutional Law Flashcards
Standing
Standing is when the plaintiff has a concrete interest in the outcome. A federal court may only hear a case if the plaintiff has standing (a concrete interest in the outcome). Interesting because congress cannot eliminate the standing requirement, but they can create new interests which can establish standing. To establish standing the plaintiff must show:
1.injury in fact
2.causation-the injury is caused by the defendant violating the constitutional right or federal right and
3.redressability-the relief requested will prevent or redress the injury.
Aside from the Plaintiff establishing standing, prudential standing must also be established. Prudential standing is that the plaintiff is the proper party to invoke judicial resoloution of the controvercy. To see if the plaintiff is the proper party to invoke judicial resoloution of controvercy, looks to see if the plaintiff’s grievance is within the “zone of interests” protected by the constitutional guaranty or statute. Basically for standing need to see if the plaintiff is legally qualified to press a claim.
Express preeemption
These are cases where federal law expressly preempts state law:
- the constitution makes the federal power exclusive or
- Congress enacts legilation that expressly prohibits state regulation in the are.
Implied Preemption
Implied preemption can be found
- where congress intended to occupy the field. Intent to occupy the field can be found where the framework of regulation is so pervasive that congress left no room for the states to supplement it or where the federal interest is so dominant it cna be presumed to preclude enforcement of state law on the same topic.
- state law directly conflicts with federal law.
- federal law direcrtly conflicts with state law.
Regulation of association
There is a three part test for denial of public employment based on association:
1. the individual is an active meber of a subversive organization
2.has knowledge of such activities
3.has the intent to further such illegal objectives.
Punishment for membership to an association violates the first and fourteenth amenedment.
Only allowed if 1.the person is a member of a group that is engaged in unlawful activity that poses a clear and present danger and 2.the defendant know and specifically intends to further the group’s illegal activity.
Public figure/official suing for defamation
A public figure or public official suing for defamation must prove that the reporteracted with “actual malice” that is either knowlegethat the information was false or recklessness for the ruth or falsity of the matter.
Public figures
Public figures are people who assume roles of special prominence in the affairs of society. Some people occupy positions of such persuasive power and influence that they are deemed public figures for all purposes.
Disclosure of public facts
Disclosure of public facts are allowed if they were lawfully obtained and a matter of public concern.
Interstate commerce
Congress has the power to regulate interstate commerce. Congress may enact three types of regulation under the commerce clause. 1. Congress may regulate the channels of interstate commerce. This is the pathways through which interstate travel and communication pass. 2.Congress may regulate the people and instrumentalities that pass through the channels of interstate commerce and 3.Congres may regulate the activities that have a substantial effect on interstate commerce. When looking to see if an activity has a substantial effect on interstate commerce, look to see if the activity if economic or commercial in nature. If the activity is economic or commercial in nature, then the total incidence of the activity in the aggregate should have a substantial effect on interstate commerce. If the activity is not economic or commercial in nature, the court will not aggregate to find a substantial effect and then the standard (of substantial effect on interstate commerce) becomes more difficult to meet (because the court will only look. at the effect of a particular act).
Commandeer
congress may not “commandeer” the states to regulate private conduct. Congress may regulate states on the same term as private actors (it is treating private and public actors the same). Ex. law applying federal minimum wage to public and private actors was upheld.
11th Amendment Immunity
11th Amendment says that citizens of other states and citizens and subjects of foreign states shall not be allowed to sue a state in federal court. SCOTUS has extended 11th Amendment immunity to bar citizens from suing their own satte in federal court. A statute may abrogate 11th Amendment immunity is 1. it unambiguously states so and 2. Congress enacted the statute under a grant of power that may abrogate 11th Amendment immunity. Congress may abrogate 11th Amendment immunity when it exercizes its powers under Amendments that postdate the 11th Amendment.
Dormant commerce clause
Congress has the power to regulate interstate commerce. In areas where Congress has not enacted any regulation, states may regulate so long as 1. the regulation does not burden interstate commerce 2.the regulation does not discriminate against out of state commerce 3.does not regulate wholly extra territorial activity.If a law is discriminatory it is invalid unless it is narrowly tailored to serve a legitimate nonprotectionist purpose (kinda like SS and rational basis review combined). A law is not narrowly tailored if there are other less discriminatry alternatives to accomplish the state’s purpose.
Three part test inorder to enact state law
1.must not violate a person’s constitutional rights
2.must be within the state’s powers (police powers)
3.It must not improperly burden interstate commerce.
To dee if a state law unduly burdens interstate commerce, look at two things:
1.does the law burden interstate commerce? if it has an effect, it does.
2.it the burden outweigheed by the state’s legitimate interest of protecting its citizens.
Article IV’s Interstate Privledges and immunities clause
The interstate privledges and immuniti4s clause found in Article iv of the constitution prevents states from discriminatiing against out of state citizens and residents (not aliens) re:”essential activities” ex. pursuing ones livelihood and owning property and “basic rights” ex. medical care adn court access.
