Constitutional Law Flashcards
State Sovereign Immunity (11th Amendment)
11th Amend. prohibits a party from suing a state (or state agency) in Federal Court UNLESS:
a) State explicitly consents to waive protection;
b) Lawsuit pertains to federal laws adopted under Section 5 of the 14th Amendment;
c) Lawsuit seeks only injunctive relief against a state official; OR
d) Lawsuit seeks money damages from a state official.
11th Amend. DOES NOT apply to:
a) Local governments;
b) A federal lawsuit by a state against another state; OR
c) A lawsuit by the federal govt. against a state.
Standing
P must have standing to sue in court.
Exists when:
1) P personally suffered an injury in fact (concrete and particularized injury);
2) There is causation; AND
3) The injury is redressable by court order.
Injunctive/Declaratory Relief – P must show a concrete, imminent threat of future injury.
Third-Party Standing
Generally not permitted UNLESS:
a) A close relationship exists;
b) It’s difficult or unlikely for the third-party to assert their rights on their own; OR
c) The third-party is an organization.
Organization Standing
Allowed to sue on behalf of the members if:
1) The suit is related to an issue germane to the organization’s purpose;
2) Members would have standing to sue; AND
3) Members’ participation is not necessary.
Taxpayer Standing
P may bring a lawsuit regarding specific amounts owed under their tax bill.
− But, a party DOES NOT have standing solely for being a taxpayer (i.e. challenging govt. expenditures).
Ripeness
Whether the case is ready to be litigated. A case is ripe → when actual harm or an immediate threat of harm exists.
− Court may grant pre-enforcement review of a statute/law after considering: (1) hardship of the parties if no review; AND (2) fitness of the record.
Mootness
When a dispute has ended or was resolved before review.
− Exceptions→
(a) case is capable of being repeated but escapes review;
(b) voluntary cessation, but it can resume any time; OR
(c) class actions, where at least one member has an ongoing injury.
Commerce Clause
Under the commerce clause, Congress can regulate:
1) Channels of interstate commerce (highways, phone lines)
2) People and instrumentalities of interstate commerce (cars, airplanes, pilots);
3) Economic/commercial activity that has a substantial effect on interstate commerce.
When will Federal regulations regarding intrastate commerce be upheld?
(1) there is a rational basis,
(2) to conclude that the cumulative impact (aggregation),
(3) has a substantial effect on interstate commerce.
− Aggregation CANNOT be used when the activity is not commercial/economic in nature.
Power to Enforce the 13th, 14th, & 15th Amendments
Congress has the power to enforce:
▪ 13th Amend. – abolition of slavery.
▪ 14th Amend. – privileges and immunities, due process, equal protection, apportionment of representatives.
▪ 15th Amend. – right to vote cannot be denied because of race.
Congress MAY ONLY prohibit behavior that is likely to involve a constitutional violation. There must be congruence and proportionality between the injury to be prevented and the legislative means adopted.
− Congress CANNOT define Constitutional rights or change substantive law.
Taxing Power
Congress has the power to lay and collect taxes.
- MUST be geographically uniform throughout the U.S.
- Under 16th Amend., Congress has the power to collect taxes on income from any source.
Spending Power
Congress has the power to spend for the common defense and general welfare.
Congress MAY attach restrictions or conditions on States receiving federal funds, BUT must satisfy the following:
1) Spending must be for the general welfare;
2) Condition must be imposed unambiguously;
3) Condition must be related to the federal interest in national projects or programs;
4) Condition cannot induce unconstitutional activity; AND
5) Condition cannot be so coercive as to turn pressure into compulsion.
President Domestic Powers
President has the power to:
1) Execute the law;
2) Appoint ambassadors, consuls, federal judges, and officers (with senate advice and consent);
3) Appoint inferior officers (when such power is given by Congress);
4) Remove cabinet level appointees (without cause);
5) Remove independent regulatory agency appointees (without cause unless Congress passes a law requiring good cause);
6) Pardon federal crimes; and
7) Act as Commander-in-Chief of the military (control troops).
8) Veto Power
Treaty & Foreign Affairs Powers
President shares treaty powers with Congress. Treaties may be negotiated by the President, but must be ratified by the Senate.
− But, the President has the power to enter into Executive Agreements (agreements between the President and a head of a foreign country) without Senate approval.
President has the power to control and deploy U.S. troops in foreign countries.
Delegation of Congressional Powers
Congress may delegate legislative powers, so long as:
1) The powers are delegable under the Constitution; AND
2) Congress provides reasonably intelligible standards to guide the delegation.
Non-Delegation Doctrine – Congress CANNOT delegate powers it does not have.
State Immunity from Federal Law (10th Amendment)
All powers not granted to the Fed Govt. are reserved to the States (unless prohibited by the Constitution).
Congress CANNOT compel a State Govt. to implement legislation.
− BUT, Congress MAY induce state govt. action by attaching restrictions and conditions on federal funding pursuant to its spending power.
Negative Commerce Clause
A state MAY regulate commerce so long as Congress has NOT enacted laws on the subject matter.
− If such laws are enacted, then any state/local law would be pre-empted by federal law.
Notwithstanding the above, States CANNOT pass laws that:
a) Discriminate against out-of-state commerce; OR
b) Place an undue burden on interstate commerce.
Negative Commerce Clause
Laws that are facially discriminatory or have a discriminatory impact are unconstitutional UNLESS:
a) The burden is narrowly tailored to achieve a legitimate, non-protectionist state objective (no less-discriminatory alternatives are available); OR
b) The state is a market participant rather than a regulator of economic activity.
Negative Commerce Clause laws that are not discriminatory, but 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/local govt.
Supremacy Clause & Preemption
Under the Supremacy Clause, a validly enacted federal law will always preempt conflicting state law.
− Express Preemption – occurs when the federal law specifically states it is exclusive.
− Implied Preemption – occurs when: (a) direct conflict with state law; (b) field preemption (appears from the law itself or legislative history); OR (c) state law substantially interferes with the objective of the federal law.
Incorporation Doctrine
Most Amendments are applicable to the States by incorporation through the 14th Amend. Due Process Clause.
Exceptions:
▪ 3rd Amend. – freedom from quartering soldiers.
▪ 5th Amend. – indictment by a grand jury.
▪ 7th Amend. – jury trial in civil cases.
The 14th Amend. (equal protection) is incorporated into the 5th Amend. Due Process Clause, making it applicable to the Federal Govt.
Governmental Action (State Action)
P must show that a violation is attributable to govt. action, which applies to all levels of local, state, and federal govt.
− The conduct of private actors is NOT protected by the U.S. Constitution.
Exception – Courts will find govt. action of a private actor when:
a) It is a traditional public function (powers traditionally and exclusively reserved to the govt.); OR
b) Significant govt. involvement exists to authorize, encourage, or facilitate private unconstitutional conduct.
Due Process Clause
→No person shall be denied life, liberty, or property without due process of law.
− Applicable to the States→14th Amendment
− Applicable to Fed. Govt.→5th Amendment
Substantive Due Process
The government’s power to regulate certain activities.
Fundamental Rights Test – When regulating fundamental rights, it must satisfy strict scrutiny → Govt. must show the law is necessary to serve a compelling governmental interest.
− Fundamental Rights = right to vote, interstate travel, and privacy (marry, procreate, use contraceptives, raise one’s child, keep family together, maintain custody over children).
Non-Fundamental Rights Test – When regulating activities that do not constitute a fundamental right, it must meet the rational basis test→Plaintiff must show the law is not rationally related to a legitimate govt. interest.
Procedural Due Process
A fair process (notice and hearings) is required for government to take or deprive a person’s life, liberty, or property.
Due process rights arise only if government acts to deprive an individual, not when government acts generally.
