Constitutional Law Flashcards
I. Procedural Issues
Standing
Plaint must demonstrate that he has suffered an:
- Injury in fact
- That was caused by the government; and
- A ruling by the court will redress that injury;
- Must have concrete stake in the outcome.
Association Standing
An organization has standing to bring suit on behalf of its members when its members would:
- Have standing to sue in their own right
- The interests it seeks to protect are related to the organization’s purpose; and
- Individual member participation is not required.
Third Party Standing
Generally barred but allowed when would be difficult for the third persons to assert their own rights or if a special relationship exists.
Ripeness
Plaintiff is trying to bring a suit before injury has occurred, Federal Court will not hear the case unless the plaintiff has been harmed or immediate threat of harm.
Mootness
A case where the dispute has ended or was resolved before the review is considered moot.
State Action
Because the US Constitution only prohibits governmental infringement of constitutional rights, the litigant must show the action is attributable to the state, which includes government agencies and officials acting under the color of state law.
11th Amendment
Bars a citizen of one state from suing another state without its consent in Federal Court.
Supremacy Clause
If the federal preempts state law, the state law will be invalid under the Supremacy Clause.
II. Commerce Clause
1. Federal Commerce Clause - Article 1 Section 8
Article 1 Section 8 gives Congress the power to regulate commerce with foreign nations and several states, to assure the survival of a non-fragmented central government, and to prevent rivalries with the Indian tribes.
Regulate Channels of Interest Commerce (Gibbons v. Oden)
Commerce was defined as a plenary, including all commercial intercourse involving more states than one regulating the channels of interstate commerce.
National/Cumulative Economic Effect
Any national/cumulative economic effect on commerce is sufficient, whether direct or indirect, whether it involves manufacture or transportation, it may be completely intrastate, and it may occur before or after goods are shipped. Regulate the instrumentalities of interstate commerce and persons and things in interstate commerce.
Regulate Activities Substantially Effect Interstate Commerce (Lopez Limitation)
The court can conceive of a rational basis on which Congress could conclude that the activity in aggregate substantially affects interstate commerce. However, if the regulated intrastate activity is noncommercial and noneconomic, it cannot be regulated unless Congress can factually show a substantial economic effect on interstate commerce (Lopez/Morrison).
Modernly - Broad Power
Have treated commerce clause almost like a “Federal Police Power”, permitting congress to prevent almost any interstate activity deemed adverse to public health and welfare.
Argue the facts of the hypothetical - Feds vs State
Feds will argue - Commerce power extends to any issue substantially affecting interstate commerce. The necessary and proper clause can be used as a means of effectuating their goals.
States will argue - A strict interpretation of the 10th Amendment to particularly the areas of health, safety, morals, welfare, and activity does not substantially affect IC.
Necessary and Proper Clause
The necessary and proper clause grants congress the power to make all laws necessary and proper for carrying into execution any power granted to any branch of the federal government.
State - 10th Amendment
The federal government may not compel the States to enforce or administer a federal regulatory program.
New York v. U.S.
Under the 10th Amendment, Congress exceeded its constitutional power when it enacted a key law aimed at forcing states to dispose of low-level radioactive waste generated within their borders because it directed a state to regulate in a manner dictated by the federal government.
III. Dormant Commerce Clause
A state may regulate an area of interstate commerce if Congress has not enacted laws so long as its statutes do not:
- Discriminate against out-of-state commerce, or
- Unduly Burden Interstate Commerce
- Article 1 Sec/8 Concurrent Power/10th Amendment
Article 1 Sec 8 gives congress power but not exclusive power. States have concurrent power through the 10th Amendment to regulate in ways that affect interstate commerce. Thus, an objection to state authority rests entirely on the Dormant Commerce Clause.
Discriminate Against Out-of-State Commerce
A state law discriminates against out-of-state commerce if it protects local economic interests at the expense of out-of-state competition. If a statute is discriminatory, the state may be valid if:
- It furthers an important noneconomic state interest, and
- there are no reasonable, nondiscriminatory alternatives.
Important Noneconomic State Interest
The state has an important interest in protecting the health, safety, and welfare of State Citizens.
a. Issue - Does state law violate the Constitution by infringing upon Congressional Commerce Power?
B. Principle - Federal Commerce Power, although unexercised by Congress, may by its force inhibit state regulatory power.
If State Law discriminates against out-of-state competition, it is invalid unless:
- The law furthers an important, noneconomic state interest and there are no reasonable nondiscriminatory alternatives.
- The state is market participant; or
- The government action involve is typically performance of a traditional government function.
Exceptions: Market Participant Exception
Nothing in the Commerce Clause forbids a state from participating in the market and exercising the right to favor its own citizens over others.