Constitutional Law Flashcards
The 11th Amendment prohibits a party from suing a state or state agency in federal court.
What are the exceptions to this?
a) The state explicitly consents to waive its 11th Amendment protections;
b) The suit pertains to federal laws adopted under Section 5 of the 14th Amendment;
c) The suit seeks only injunctive relief against a state official for conduct in violation of the constitution or federal law; OR
d) The suit seeks money damages from a state official.
Priority: HIGH
When does a party have Standing to sue?
It exists when the plaintiff:
1) Personally suffered an injury in fact;
2) The injury was caused by the defendant; AND
3) The injury is redressable by a court order.
Priority: Medium
Third-Party Standing
vs.
Organizational Standing
Third-party: NOT permitted, but exceptions are made when there is a close relationship between the plaintiff and 3rd party – if it would be difficult for the 3rd party to assert their rights or if the 3rd party is an organization.
Organizational: An organization has standing to sue on behalf of their members if (1) the suit is related to an issue that is germane to the organization’s purpose, (2) the members would have standing to sue, and (3) the member’s participation is not
necessary.
Priority: Medium
What does Ripeness refer to?
Whether a case is ready to be litigated.
A case is ripe for review when there is actual harm or an immediate threat of harm to the plaintiff.
Priority: Medium
What does Mootness refer to?
To instances when the dispute has ended or was resolved before review.
A court may hear a case that has ended/resolved when:
a) The wrong alleged is capable of being repeated and escaping review;
b) The defendant voluntarily stops an offending practice but can resume it any time; OR
c) In a class action.
Priority: Medium
Under the Commerce Clause, what may Congress regulate?
1) The channels of interstate commerce;
2) The people and instrumentalities that work and travel in interstate commerce; AND
3) Economic or commercial activities that have a substantial effect on interstate commerce.
Priority: Medium
When will federal regulations regarding intrastate activities be upheld?
If:
1) If there is a rational basis,
2) To conclude that the cumulative national impact of the activities;
3) Have a substantial effect ON interstate commerce.
Priority: Medium
What Amendments does Congress have the power to enforce?
1) 13th Amendment (abolition of slavery).
2) 14th Amendment (privileges, immunities, due process, equal protection, apportionment of representatives).
3) 15th Amendment (right to vote can’t be denied on race)
*Congress CAN only prohibit behavior, Congress CANNOT define constitutional rights or change substantive law.
Priority: Medium
What Taxing and Spending Powers does Congress have?
They have the power to tax and spend for the general welfare.
These powers are interpreted BROADLY, and allows Congress to attach restrictions or conditions on federal funding in order to regulate areas they would otherwise not have the power to do so.
Priority: Medium
Spending Power
What must be satisfied when Congress places
conditions on States receiving federal funds?
The:
1) Spending must be for the general welfare;
2) Condition must be imposed unambiguously;
3) Condition must be related to federal interests in national projects or programs;
4) Condition cannot induce unconstitutional activities;
AND
5) Condition cannot be so coercive to turn pressure into compulsion.
Priority: Medium
What powers does the President have?
1) Faithfully execute the law;
2) Appoint ambassadors, public ministers, consuls, supreme/federal court judges, and other officers;
3) Appoint inferior officers (when the power is given to him by Congress);
4) Remove cabinet level appointees;
5) Enter into executive agreements w/o senate approval;
6) Pardon federal crimes; AND
7) Control troops as Commander in Chief.
Priority: Medium
When does Congress have the power to delegate Legislative Powers?
They can so long as:
1) The powers are delegable under the Constitution; AND
2) Congress provides reasonably intelligible standards to guide the delegation.
*Congress CANNOT delegate powers it does not have.
Priority: Medium
What is the Negative Commerce Clause?
State and local governments CANNOT pass laws that:
a) Discriminate against out-of-state commerce; OR
b) Place an undue burden on interstate commerce.
Priority: HIGH
Negative Commerce Clause
When is a law deemed discriminatory?
When it is either:
a) Facially discriminatory; OR
b) The law has a discriminatory impact because it favors in- state commerce over out-of-state commerce. These laws are typically unconstitutional, unless:
a. The burden on Interstate commerce is narrowly tailored to achieve a legitimate, non-protectionist state objective; OR
b. The state/local gov’t is a “market participant.”
Priority: HIGH
Negative Commerce Clause
When is a law deemed unduly burdensome?
State and local laws that place an undue burden on interstate commerce are unconstitutional when:
1) The burden on interstate commerce,
2) Is clearly excessive to the putative benefits to the state and local government.
*Courts apply this balancing test on a case-by-case basis.
Priority: HIGH
Express Preemption vs. Implied Preemption
Express: When federal legislation specifically states that the federal law is exclusive.
Implied: Occurs either through:
a) Direct conflict with the state law;
b) Through field preemption; OR
c) When the state law substantially interferes with the objective of the federal law.
*Validly enacted federal laws will always preempt conflicting state laws.
Priority: Medium
When will a court find “state action” for private conduct?
When the conduct involves either:
a) A traditional public function – powers traditionally and exclusively reserved to the government; OR
b) When significant government involvement exists to authorize, encourage, or facilitate private conduct that is unconstitutional.
Priority: HIGH
