CONSTITUTIONAL LAW Flashcards
Article 3 - Judicial Power
Federal judicial power extends to cases involving
1. interpretation of the constitution, federal laws, treaties, and admiralty and maritime
2. Disputes between states, states and foreign citizens, and citizens of diverse citizenship
Article 3 Courts
Congress can define the original and appellate jdx of these courts but is bound by the standards set forth in Art 3 concerning subject matter and party jdx and the requirement of ‘case or controversy.’ Congress can also create courts under Art 1 (ex, tax courts(.
Advisory Opinions
Federal courts cannot issue advisory opinions, which are decisions that lack (1) an actual dispute between adverse parties, or (2) any legally binding effect on the parties.
Ripeness for Law or Policy not Yet Enforced
A plaintiff can establish ripeness before a law or policy is enforced by showing two things
1. the issues are fit for a judicial decision and
2. the plaintiff would suffer a substantial hardship in the absence of review.
Mootness
A live controversy must exist at all stages of review. Therefore, the plaintiff needs to be suffering from an ongoing injury, or the case will be dismissed as moot.
Exceptions
- controversies capable of repetition but evade review because of short duration
- cases where defendant voluntarily stops action but is free to resume
- class actions in which the class reps controversy has become moot but the claim of at least one other class member is still viable
Standing
A person must have standing at all stages of ltiigation, including on appeal.
Components:
1. Injury in fact (particular and concrete)
2. Causation
3. Redressability
Exception to Standing - Challenging Tax Liability
A taxpayer has standing to challenge their tax bill
Exception to standing - Tenth Amendment
A person MAY have standing to allege that federal action violates the 10th amendment by interfering with the powers reserved to the states as long as the person has a redressable injury.
Exception to Standing - Congressional Spending
People have standing to challenge congressional spending on 1st amendment Establishment clause grounds.
Standing to assert the rights of others
A claimant with standing in their own right may assert the rights of a third party if (1) it is difficult for the third party to assert their own rights or (2) a close relationship exists between the claimant and third party.
Or
First amendment overbreath - third party may bring facial challenge as long as Art 3 standing still exists
Organization Standing
An organization has standing to sue on behalf of its members if (1) there is an injury in fact to the members (2) the members injury is related to the organizations purpose and (3) individual member participation in the lawsuit is not required.
Congressional Conferral Of Standing
A federal statute may create new interests, injury to which may be sufficient for standing. A plaintiff may have standing to enforce federal statute if they are within the zone of interests Congress meant to protect.
Sovereign Immunity
The Supreme Court has held that the doctrine of sovereign immunity reflected in the 11th amendment bars a private party’s suit against a state in federal and state courts.
Exceptions:
* Express Waiver
* Implicit Consent/Structural Waiver (A federal power is complete in itself AND the states implicitly consented to the fed govt exercising that power as a part of the Constitution)
EXAMPLE: Based on Fed Govts power to raise and support armies, Congress can create veteran employment protections and permit veterance to sue states that refuse to accommodate their service related disabilities)
* Actions against local govts
* Suit by other state or Fed Govt
* bankruptcy
* Certain actions against state officers (can sue state official 1. for damages personally or 2. to enjoin the official from future conduct that violates constitution or fed law)
* Congress removes the immunity
Abstention
1.Unsettled question of state law – a federal court will temporarily abstain from resolving a constitutional claim when the disposition rests on unsettled question of state law
2. Pending state proceedings – federal courts will not enjoin pending state criminal proceedings except in cases of proven harassment or prosecutions taken in bad faith.
Political Questions
Political questions will not be decided. These are issues 1. constitutionally committed to another branch of govt or 2. inherently incapable of judicial resolution
Original Jdx – Sup Ct
Cases affecting ambassadors, public ministers, consuls, and those in which a state is a party, but Congress has given concurrent jdx to lower fed courts in all cases except those between states.
Appellate Jdx - Sup Ct
The Supreme Court has appellate juridiction in all cases to which federal judicial power extends under Art 3. When exercising, generally the Sup Ct will hear the case only after there has been a final judgment by the lower court. Cases can come by two ways:
1. Writ of Certiorari – Sup Ct has complete discretion to hear cases that come to it by cert and these are (a) cases from the highest state court capable of providing a decision where (i) the constitutionality of a federal statute, treaty, or state statute is in issue or (ii) a state statute allegedly violates federal law and (b) all cases from federal court of appeals.
2. Appeal – Sup Ct must hear cases that come to it by appeal. These are confined to decisions by 3 judge fed district panel that grant or deny injunctions.
Adequate and independent state grounds
The Sup Ct will not exercise jdx if the state court judgment is based on adequate and independent state grounds, even if federal issues are involved. Issues are adequate if they are fully dispositive of the case. They are independent if the decision is not based on federal case interpretations of federal provisions.
Necessary and Proper Clause
Congress has the power to make all laws necessary and proper to carry out any of the legislative powers enumerated in Art 1, as long as that law doesn’t violate another provision of the Constitution.
Taxing and Spending Power
Congress has the power to tax and spend to provide for the general welfare. Taxing and spending may be for any public purpose not prohibited by the Constitution
Spending Power Conditions
Under the spending power, Congress can impose conditions on the grant of money to state or local governments. These conditions are valid if the (1) are clearly stated (2) relate to the purpose of the program (3) are not unduly coercive and (4) do not otherwise violate the Constitution.
Commerce Power
Congress has the power to regulate all foreign and interstate commerce, as well as with Indian Tribes. To be within the Commerce Power, a federal law regulating interstate commerce must either
1. regulate the channels of interstate commerce
2. regulate the instrumentalities of interstate commerce OR
3. regulate activities that have a substantial effect on interstate commerce
Intrastate Activities
When congress attempts to regulate intrastate commercial activity under the “substantial effects” prong, the court will uphold the regulation if it can think of a rational basis on which Congress could conclude that the activity in the aggregate substantially affects interstate commerce. If the regulated intrastate activity is not commercial or economic, the court generally will not aggregate the effects and will uphold the regulation only if congress can show that it nonetheless has a direct substantial economic effect on interstate commerce (which it generally wont be able to do)
Prohibiting Private Discrimination Under Commerce Clause
Under the commerce power, Congress may prohibit PRIVATE discrimination in activities that might have a substantial effect on interstate commerce. Contrast that with PUBLIC discrimination which Congress can directly regulate under its 14th amendment enforcement power.
Delegation of Legislative Power
Congress can delegate rulemaking authority or regulatory power to the executive branch or judicial branch as long as intelligible standards are set and the power isnt something that is uniquely confined to Congress. A general standard will usually suffice as an intelligble principle.
Speech or Debate Clause
Conduct that occurs in the regular course of the federal legislative process and the motivation behind that conduct are immune from prosecution.
