Constitutional Law Flashcards
Structure of government
Limitations on powers of Congress, President, and federal courts. Split of lawmaking powers between Congress and States
Rights of the People
equal protection of the law, substantive and procedural due process, fundamental rights.
Judicial power
Article III. Federal courts may not issue advisory opinions. May only hear actual disputes of the parties. The court’s decision must be legally binding on the parties. If it has no binding legal effect on the parties, then it is an advisory opinion.
Judicial power when-
Controversy must be ripe and not moot.
Ripe - claim must rely on event that already occurred.
Mootness - controversy has passed. Unless it is capable of repetition but evading review (events of short duration) and Class actions where the class representative’s personal case is resolved as long as other class members still have a viable claim. Voluntary cesation of a practice does not normally deprive the court of jx unless it is not reasonably expected to reoccur.
Judicial power - who
Plaintiff must have standing. There must be an actual injury which may be physical, economic, or deprivation of Const. right. Cannot just point to an act or admission by gov. agency. Taxpayer is NOT standing to sue over how your tax dollars are spent, only to challenge tax liability. Taxpayers can sue to prevent Congress from spending money violating establishment clause.
Third party standing
Third party may sue on behalf of someone else when there is a close relationship between them and one is harmed but other can adequately represent them.
Organizational standing - injury must relate to organization’s purpose. Members participation cannot be necessary.
Injury in fact
Harm to Plaintiff must be personal and concrete
Causation
Must be a connection between injury and conduct complained of.
Redressibilty
Favorable ruling would eliminate the P’s harm.
Judicial claim must contain these elements
Must be an actual controversy not an adivsory opinion, must be ripe (not moot), must have standing (injury in fact, causation, redressibility), and have subject matter and personal jx.
11th Amendment
Soveriegn immunity for state federal governments makes them immune from suit in federal court. Can’t sue for damages or injunctive relief when the state is named as a party. CAN sue officers of state gov or local gov only, and CAN sue officers for injunctive relief.
Supreme Court Review
SCOTUS can only hear final judgements after circuit court or state supreme court heard case and if there is a federal law issue in case. Pure state law grounds cannot be certified. Cannot review a state court if it is supported by adequate and independent state grounds.
SCOTUS has appellate review over any case involving federal law, treaties, between statse, diversity jx etc. Constitution gives right to review and can limit it, but can’t eliminate it.
Individual rights
Court reviews for close scrutiny when government action (a) derpives person of enumerated fundamental right; (b) deprives them of unemurated fundamental right; or (c) treats people in a protected class differently.
State Action
Government can’t unreasonably interfere with an individual right. Only the 13th A ban on slavery applies to individuals.
Privately run prisons and detention centers are increasingly private. Rule is that state action exists when private party does something that is traditionally and exclusivly done by government.
Private conduct can amount to gov action when there is SIGNIFICANT government involvement in private conduct, courts enforcing racially restrictive covenants, or party uses racially motivated preemptory challenges for juries.
Levels of scrutiny
Determine whether government interference with rights is reasonable. May be strict, intermediate, or rational basis.
Strict scrutiny
Law must be necessary to achieve compelling government interest. If there is another way of getting results it makes the law not necessary. Compelling interest is of the highest order.
Intermediate scrutiny
law must be substantially related to important government interest. It is the gov’s burden to prove. Substantial is not a perfect connection and doesn’t have to be the only way to achieve the interest. (difficult to apply).
Rational basis
Law must be rationally related to a legitimate government interest. Plaintiff bears the burden. Rational is some commonsense connection between means used to achieve goal and goal itself. (Low bar). Legitimate is any subject matter court believes the governing party could involve itself in that might be served by the action. (even if it wasn’t the gov’s goal). Gov. doesn’t have to explain itself. Still, law cannot be arbitrary or based on pure hostility.
Substantive due process rights
Rights that are so deeply rooted in history and tradition. They are unenumerated fundamental rights implicit in concept of ordered liberty. If gov. denies a fundamental right to everyone, must do so equally.
Gov interference in substantive due process rights - fundamental right
Interference with a fundamental right receives strict scrutiny. Privacy (marraige, procreation, contraception, parenting, extended family, private sexual conduct). fundamental right to interestate travel (travel, be welmed as a visitor, may move to another state and no delay in benefits), and
right to vote (reasonable requirements that protect integrity of ellection are okay) are subject to rational basis. But onerous or discriminatory laws are strict scrutiny (poll taxes and literacy).
NO fundamental right to education.
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