Constitutional Law

Question 1

K: Art. III

Answer 1

Establishes the judicial branch AND vests the judicial power of the US in one Supreme Court
· Along w/ any “inferior” federal courts that Congress chooses to create.

Art III. Preserves the independence of these judges by providing that they continue to hold their offices for “life”
· Can only be removed from office through same impeachment process that applies to POTUS.

Question 2

Judicial Appointments

Answer 2

· Appointed by POTUS
· w/ ADVICE AND CONSENT from Senate

Question 3

Judicial Review

Answer 3

The power of the court to strike down a law or executive branch action on the grounds that it violates the K.

Question 4

Marbury v. Madison

Answer 4

Creates the power of judicial review.

Question 5

Martin v. Hunter’s Lessee

Answer 5

Cemented SCOTUS’ central role in interpreting the federal K
–> AND, if necessary and appropriate, in striking down state and federal legislative acts it determines to be inconsistent with that charter.

Question 6

SCOTUS: K Interpretations: Undoing

Answer 6

Can only be undone through one of two mechanisms:
1. Subsequent SCOTUS decision overruling the earlier one; OR
2. K Amendment

Question 7

K: Art. III, §2

Answer 7

Establishes the nine heads of the federal jurisdiction.
· Congress MAY NOT confer upon the federal courts jurisdiction that goes beyond the nine heads

Question 8

K: 11th A.

Answer 8

Only K constraint on Congress’s power to confer jurisdiction upon the federal courts besides those contained within Art. III
· Recognizes the sovereign immunity states possess from private suit in federal court
· A state CANNOT be sued by a private P in federal court UNLESS it consents to the suit, OR congress has validly abrogated the state’s immunity
—> ONLY pursuant to its powers under the Enforcement Clause of the 13th, 14th, and 15th A.

Question 9

K: 11th A: Exceeding the Scope

Answer 9

A statute that purports to subject a nonconsenting state to suit in federal court exceeds the scope of Art. III as amended by the 11th A.
–> ALSO, states do not have sovereign immunity in federal court if the P is the federal government OR another state.

Question 10

K: Art. III: Original Jurisdiction

Answer 10

Art. III, §2: Only cases involving foreign ambassadors and those in which a state is a party may BEGIN in SCOTUS.
· Congress CANNOT add to the list

Question 11

K: Art. III: Appellate Jurisdiction

Answer 11

Allows Congress to give SCOTUS appellate jurisdiction over any case or controversy falling within the nine heads.
· If dispute comes from STATE court, SCOTUS can review the decision ONLY if there is no adequate or independent state ground supporting the state-court ruling under review.

Question 12

K: Art. III: Writ of Certiorari

Answer 12

A vehicle through which SCOTUS can decide whether an appeal is sufficiently worthy of their attention.
· Discretionary
· ONLY EXCEPTION: appeals from three-judge district courts

Question 13

Three-Judge District Courts

Answer 13

Exception to Writ of Certiorari
· Specialized trial courts that hear campaign finance, gerrymandering, and other election-related lawsuits.

Question 14

Madisonian Compromise

Answer 14

“The judicial power of the US shall be rested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish.”
· SCOTUS has held that Congress necessarily has very broad authority over the creation of lower federal courts creation and jurisdiction.

Question 15

Three Limits on Congress’ Power Over the Federal Courts

Answer 15

1. Congress CANNOT exercise its power over federal jurisdiction in a way that is unK;
2. Congress CANNOT exercise its power over federal jurisdiction in a way that expressly dictates how the federal courts should resolve a pending case; AND
3. Congress CANNOT provide for extrajudicial revision of federal courts’ final judgments by either executive or legislative branch.

Question 16

Three Contexts in which Adjudication by Non-Art. III Federal Decisionmakers is PERMISSIBLE

Answer 16

1. Congress MAY establish non-Art. III federal courts, staffed by judges who lack Art. III tenure and salary protections, to resolve disputes in the federal territories;
2. Congress MAY establish non-Art. III federal courts to resolve offenses arising out of the military OR to prosecute war crimes committed by enemy belligerents; AND
3. Congress MAY establish non-Art. III courts or administrative adjudicative mechanisms to resolve disputes arising from or incident to public rights.

Question 17

Countermajoritarian Difficulty

Answer 17

Power of an unelected federal judge to strike down statutes enacted by elected representatives.
· Checked w/ Congress’ countervailing power to limit court’s jurisdiction

Question 18

Case-Or-Controversy Requirement

Answer 18

“No principle is more fundamental to the judiciary’s proper role in our system of government than the K limitation on federal-court jurisdiction to actual cases or controversies.”
· Constrains the courts to exercises of judicial, RATHER THAN LEGISLATIVE OR EXECUTIVE, power.

Question 19

Case-Or-Controversy Justiciable Doctrines

Answer 19

1. Standing;
2. Ripeness;
3. Mootness; AND
4. Political Question

Question 20

Standing: GENERAL

Answer 20

Asks whether a P SHOULD be allowed to have a court resolve the merits of the claimed dispute or of particular issues.

Question 21

Standing: ELEMENTS

Answer 21

To have standing, a P MUST have:
(1) an injury-in-fact
(2) that is fairly traceable to the D’s allegedly unlawful conduct; and
(3) that it is likely to be redressed by the requested relief.

ALL THREE are JURISDICTIONAL (they can be raised by ANY PARTY OR BY THE COURT AT ANY TIME.)

Question 22

Standing: INJURY-IN-FACT (General)

Answer 22

To establish, the P MUST show:
(1) That he has sustained OR is IMMEDIATELY in danger of sustaining some direct injury as the result of the challenged official conduct; AND
(2) The injury or threat of injury MUST be both REAL AND IMMEDIATE, not conjectural or hypothetical.

Question 23

Standing: Injury-In-Fact: 1st INQUIRY

Answer 23

The injury MUST BE DIRECT AND PERSONAL
· NOT an impermissible generalized grievance

Question 24

Standing: Injury-In-Fact: 2nd INQUIRY

Answer 24

Must be real EITHER b/c it has already happened OR b/c it is certainly impending

Question 25

Standing: CONGRESSIONAL POWER

Answer 25

Congress is allowed to create injuries NOT RECOGNIZED at CL, the violation of which give rise to standing.
· BUT it CANNOT define injuries in a manner that defeats the case-or-controversy requirement, INCLUDING by authorizing any citizen to enforce specific environmental laws.

Question 26

Standing: CAUSATION

Answer 26

Turns on whether the D’s allegedly wrongful conduct caused the underlying harm; OR
· Whether the harm was caused by someone or something else.

Question 27

Standing: REDRESSABILITY

Answer 27

Turns on whether a favorable court decision is likely to remedy the P’s alleged injury.
· NOT a requirement that the lawsuit make the P whole BUT RATHER that the sought-after remedy will ameliorate the claimed injury.

Question 28

Standing: APPELLATE REVIEW

Answer 28

P MUST have standing;
· BUT ALSO the party invoking appellate review.
–> The party MUST be able to show that he was injured by the lower-court ruling; AND that reversal or vacatur of the ruling will remedy the injury.

Question 29

Standing: TWO OTHER TYPES OF STANDING REQUIREMENTS

Answer 29

1. Statutory Standing
2. Prudential Standing

Question 30

Standing: STATUTORY STANDING

Answer 30

When specific statutes create additional rules for who may sue to enforce them.
· P may have standing to enforce a federal statueif they are within the ZONE OF INTERESTS
→ T4: Person meant to be protected by the statute.

Question 31

Ripeness: GENERAL

Answer 31

The fitness of the issues for judicial decision and the hardship to the parties of withholding court consideration.
· About the timing of lawsuit

Question 32

Ripeness: TIMING

Answer 32

Speculative or hypothetical injuries will usually fail to satisfy the injury-in-fact prong of STANDING doctrine.
· The greater the hardship to the parties from waiting for the challenged regulation or statue to enter into force, the more likely a pre-enforcement challenge will be entertained.

Question 33

Mootness

Answer 33

A real controversy MUST exist at all stages of review.
→ A case is moot when there is no longer a live dispute for the federal courts to resolve

Question 34

Mootness: EXCEPTIONS

Answer 34

An otherwise moot case should NOT be dismissed if it is:
1. Likely to produce COLLATERAL CONSEQUENCES;
2. Capable of REPETITION yet EVADING REVIEW;
3. Mootness arises from the D’s VOLUNTARY CESSATION of the alleged misconduct; AND
4. A properly CERTIFIED CLASS ACTION.

Question 35

Ban on ADVISORY OPINIONS

Answer 35

W/o an underlying case or controversy to resolve, a federal court VIOLATES Art. III of the K by purporting to exercise judicial power to answer a legal question.
· Does not matter how important
· Closely related to MOOTNESS DOCTRINE

Question 36

Adverseness

Answer 36

Cases and controversies MUST have meaningful adverseness.
· A genuine adversary issue b/w parties
· Does NOT mean that all federal judicial proceedings must have two sides.

Question 37

Art. III: Extent to Federal Judicial Power

Answer 37

1) INTERPRETATION of the K, federal laws, treaties and admiralty and maritime laws; AND
2) DISPUTES b/w states, states and foreign citizens AND citizens of diverse citizenship.

Question 38

Appellate Jurisdiction: Writ of Certiorari: STATE COURT CASES

Answer 38

State cases that come by certiorari SHOULD BE:
1) Cases from state courts where the K of the federal statute, treaty or state statute is in issue; OR
2) Cases from state courts where a STATE STATUTE allegedly violates federal law.05

Question 39

K Limitations on Art. III: Advisory Opinions

Answer 39

Fed. Cts. can hear cases regarding disputes b/w parties having adverse legal interests.
· T4: MUST be specific PRESENT HARM OR threat of SPECIFIC FUTURE HARM.
→ Specific conduct and the challenged action poses a REAL AND IMMEDIATE DANGER to their interests.

Question 40

Ripeness: MAIN FACTOS

Answer 40

1) The FITNESS of the issues for judicial decisions; AND
2) The HARDSHIP to the parties of withholding court consideration.

Question 41

Ripeness: FITNESS

Answer 41

An issue is NOT FIT for juridical decision if it relies on uncertain or contingent futures events that may not occur as anticipated.

Question 42

Ripeness: HARDSHIP

Answer 42

A court WILL FIND that an action is ripe if a party would have to risk a SUBSTANTIAL HARDSHIP to provoke enforcement of law.

Question 43

Standing: THIRD PARTIES

Answer 43

GENERALLY: One cannot assert the K rights of others.
EXCEPTIONS: Claimant has standing IN THEIR OWN RIGHT, AND
· It is difficult for the 3P to assert her own rights (mutual members of organization and one will be attacked); OR
· A SPECIAL RELATIONSHIP exists b/w the claimant and the 3P
→ I.E.: Doctor

Question 44

Standing: ORGANIZATIONS

Answer 44

An organization HAS STANDING if:
1) There is an injury in fact to members that gives them a right to sue on their own behalf;
2) The injury is related to the organization’s purpose; AND
3) Individual member participation in the lawsuit is NOT a requirement.

Question 45

Standing Based on CITIZENSHIP

Answer 45

Pp have NO STANDING merely as “citizens.”
· Too general.

Question 46

Taxpayer Standing

Answer 46

Taxpayer has standing to litigate her tax bill BUT GENERALLY has NO STANDING to challenge government expenditures.
· Also, NO STANDING to challenge TAX CREDITS.
→ EXCEPTION: 1st Amendment Government Spending RELATED TO THE ESTABLISHMENT CLAUSE.

Question 47

Federal Jurisdiction re: State Cases: GENERAL

Answer 47

SCOTUS will NOT exercise jurisdiction if the state court judgment is based on ADEQUATE AND INDEPENDENT state law ground EVEN IF federal issues are involved.

Question 48

Federal Jurisdiction re: State Cases: ADEQUATE STATE LAW GROUNDS

Answer 48

State law grounds are adequate if they are fully dispositive of the case (T4: SCOTUS CANNOT hear the case)
.
→ NOT based on federal case interpretations of identical federal provisions; AND
→ State ct. CLEARLY INDICATED that its decision rests on state law.

Question 49

Federal Jurisdiction: POLITICAL QUESTIONS

Answer 49

Political Questions will NOT be decided by SCOTUS.

Question 50

Federal Standing: Political Question: GENERAL

Answer 50

An issue is a political question if it is: (1) K committed to another branch of government; OR (2) inherently INCAPABLE of judicial resolution.

Question 51

Doctrine of Sovereign Immunity

Answer 51

Bars suits against a state government in state court UNLESS the D state consents.
→ Even on federal claims.
· Does NOT extend to actions against local governments, actions by the US or other states, OR proceedings in federal bankruptcy courts.

Question 52

Doctrine of Sovereign Immunity: EXCEPTIONS

Answer 52

1) Certain actions against state officiers.
2) Congress REMOVES the immunity.

Question 53

Doctrine of Sovereign Immunity: Exception: CERTAIN ACTIONS AGAINST STATE OFFICERS

Answer 53

The following actions CAN be brought against state officers in federal court DESPITE the 11th A.:
1) Actions to enjoin an officer from FUTURE conduct that VIOLATES the K or federal law
→ EVEN IF this will require prospective payment from the state
AND 2) Actions for damages against officer personally.

Question 54

Doctrine of Sovereign Immunity: Exceptions: CONGRESS REMOVES IMMUNITY

Answer 54

Congress CAN remove 11th A. immunity as to actions created UNDER 14A BUT IT MUST BE UNMISTAKABLY CLEAR that Congress intended to remove immunity.

Question 55

Legislative Power: ENUMERATED & IMPLIED POWERS

Answer 55

Congress can exercise those powers ENUMERATED in the K PLUS all auxiliary powers NECESSARY AND PROPER to carry out all powers vested in the federal government.

Question 56

Enumerated & Implied Powers: NECESSARY AND PROPER POWER

Answer 56

Congress has the power to make all laws necessary and proper for executing ANY power granted to ANY branch of the federal government.

Question 57

Legislative Power: ENUMERATED K Powers

Answer 57

1) Taxing Power;
2) Spending Power;
3) Commerce Power;
4) War (and related) Power;
5) Investigatory Power;
6) Property Power;
7) No Federal Police Power;
8) Bankruptcy Power;
9) Postal Power;
10) Power over Citizenship;
11) Admiralty Power;
12) Power to Coin Money, Fix Weights and Measurements; AND
13) Patent/Copyright Power.

Question 58

Legislative Power: TAXING

Answer 58

Congress has the power to tax.
· Most taxes will be upheld if:
(1) They bear some REASONABLE RELATIONSHIP to REVENUE PRODUCTION; OR
(2) if Congress has the POWER TO REGULATE the activity being taxed.

Question 59

Legislative Power: Spending

Answer 59

Congress MAY spend to PROVIDE FOR THE COMMON DEFENSE AND GENERAL WELFARE.
· T4: Spending MAY be for ANY PUBLIC purpose (limited by K).
→ Congress CANNOT LEGISTLATE for common defense or general welfare.

Question 60

Legislative Power: COMMERCE: General

Answer 60

Congress has the power to regulate all foreign and interstate commerce.
→ COMMERCE CLAUSE

Question 61

Commerce Clause

Answer 61

A federal law regulating interstate commerce MUST EITHER:
· Regulate the CHANNELS of interstate commerce;
· Regulate the INSTRUMENTALITIES of interstate commerce (and persons, things in interestate commerce); OR
· Regulate ACTIVITIES that have a SUBSTANTIAL EFFECT on interstate commerce.