Constitutional Law Flashcards
Must there be a case or controversy in dispute for courts to have jurisdiction?
Yes
Are declaratory judgments permitted in federal courts?
Yes
Are advisory opinion permitted in federal courts
No
Can political questions be heard in federal courts?
No
How does an individual plaintiff establish standing?
Actual injury caused by conduct complained of, and redressability. (Injury, causation, redressability)
How does a third party plaintiff establish standing?
Individual standing, special relationship between plaintiff and third party, and difficult for 3rd party to assert his own rights.
How does an organization establish organizational standing?
Members have standing in their own right, interests related to organization’s purpose, case does not require participation of individual members.
Who has standing to sue of federal tax or spending program that violates Establishment clause?
Federal taxpayers.
Ripeness
Case won’t be heard yet if there isn’t yet a live controversy or immediate threat of harm.
Mootness
Case won’t be heard if live controversy existed at the time complaint was filed, but has since been eliminated. Exceptions: Capable of repetition yet evading review, voluntary cessation.
What are two exceptions to the mootness requirement?
Capable of repetition yet evading review; voluntary cessation of action by defendant.
Eleventh amendment
Provides immunity to states from federal suits by citizens of another state, or citizens of a foreign state.
Does 11th amendment prohibit suits by states or federal government?
No
Does 11th amendment prevent suits against subdivisions of state and suits seeking injunction against state official?
No.
What is the state action requirement?
For action to violate constitution there must be GOVERNMENT INVOLVEMENT with the state action.
Under what circumstances can actions by a private actor qualify as state action?
private actor performs functions that are traditionally and exclusively public functions (parks, prisons); or state heavily involved in activity (commanding, encouraging, entangled).
Tenth Amendment
Powers not delegated to federal government or prohibited by Constitution are reserved to the states.
Can Congress compel state or city to pass a law?
No, 10th Amendment.
What are the powers of congress?
Regulate Commerce, Taxing and Spending Clause, War Powers, Naturalization and bankruptcy; post-civil war amendments necessary and Proper Clause - anything necessary and propert execute any enumerated powers.
Thirteenth Amendment
abolition of slavery
Fourteenth Amendment
establishment of equal rights
Fifteenth Amendment
right to vote - irrespective of race
Can Congress regulate activities between states under its power to regulate commerce?
Yes - channels and instrumentalities of interstate commerce, persons and things moving in interstate commerce, activities that affect interstate commerce. (Broad!)
Can Congress regulate intrastate activities under its power to regulate commerce?
Yes - but different standards for commercial v. non-commercial activity. commercial/economic activity can be regulated if rational basis to believe activity will cause substantial economic effect on interstate commerce, or substantial cumulate economic effect; non-commercial activity: direct and substantial effect on interstate commerce.
What kinds of cases may be heard under the federal judicial powers?
Cases arising under laws of US, admiralty, between 2+ states, citizens of different states, state (or citizens) v. foreign country or citizen.
Independent and Adequate State Grounds
When there are independent and adequate state grounds for a state court’s decision, SCOTUS will not review - even if federal Q involved.
Which branch may make treaties with foreign nations?
Executive branch, subject to 2/3 Senate approval
Executive privilege
President’s qualified right to refuse to disclose confidential information relating to performance of his duties.
Supremacy Clause
Constitution is the supreme law of the land; any state law that directly conflicts with federal law, impedes the objectives of federal law, or regulates area traditionally occupied by Congress will be preempted by federal law.
Under what circumstances is state law preempted by federal law?
Conflict, impede objections, regulates area traditionally occupied by Congress
What is conflict preemption?
State law invalid when state law inconsistent with valid federal law covering same subject matter.
What is field preemption?
States cannot regulate in a field if federal government intends to “occupy the entire field”
What is the Dormant Commerce Clause
Restricts state and local governments from regulating activity that affects interstate commerce if regulation is discriminatory or unduly burdensome.
DCC: Under what circumstances is facially discriminatory regulation against out of towners permitted?
Necessary to achieve important noneconomic governmental interest; no reasonable alternatives.
Under what circumstances is a regulation that unduly burdens interstate commerce permitted?
Rationally related to legitimate government interest; burden imposed on interstate commerce must be outweighed by benefits to the state. (rational + balancing)
When a state is acting as a business owner or operator, can it favor local interests over nonlocal interests?
Yes
Commerce clause: state or federal action?
federal action
Dormant commerce clause: state or federal?
state action
Privileges & Immunities Clause
Prevents a state or city from discriminating against noncitizens regarding rights fundamental to national unity.
What activities fall under “rights fundamental to national unit” under the privileges & immunities clause?
commercial activities, like the right to support oneself, be employed, civil liberties, etc.
Are corporations and aliens considered citizen for purposes of the Privileges & Immunities Clause?
No.
What is the standard for discrimination against noncitizens under the Priviliges & Immunities Clause?
Rigorous scrutiny - only if noncitizens are a “peculiar source of evil” and discrimination is “substantially related” to this evil; no less discriminatory alternative means available.
