Constitutional Law Flashcards
What suits are barred by the 11th Amendment?
- Citizens of one state suing another state in federal court;
- Suits in federal court against state officials for violating state law; and
- Citizens suing their own state in federal court.
*These are subject to exception.
What does it mean for a judgement to rest on “adequate and independent state grounds”?
The state law grounds fully resolve the matter and do not incorporate a federal standard by reference.
-SCOTUS may not review a final state-court judgement that rests on adequate and independent state grounds.
What standard is used to determine whether a tax by Congress should be upheld?
The tax only need be rationally related/have a reasonable relationship to revenue production.
A political question not subject to judicial review arises when:
- The Constitution has assigned decision making on this subject to a different branch of the government; or
- The matter is inherently not one that the judiciary can decide.
When does a taxpayer have standing to file a federal lawsuit?
A taxpayer has standing when the taxpayer challenges governmental expenditures as violating the Establishment Clause.
-A taxpayer also has standing to litigate whether, or how much, they owe on their tax bill.
Who may impeach the president and who may convict the president?
-The House of Representatives determines what constitutes “high crimes and misdemeanors” and may impeach by a majority vote.
-The Senate tries the impeached official, and a 2/3 vote is necessary for conviction.
What does it mean for a claim to be ripe for litigation?
The plaintiff must have experienced real injury (or imminent threat thereof).
-A federal court will not consider a claim before it have fully developed.
What does it mean in terms of mootness when a case is capable of repetition, yet evading review?
A case will not be dismissed as moot if there is a reasonable expectation that the same complaining party will be subject to the same action again (capable of repetition) but that the action will not last long enough to work its way through the judicial system (yet evading review).
What is provided under the 10th Amendment?
The 10th Amendment provides that all powers not assigned by the Constitution to the federal government are reserved to the states, or to the people.
Generally, a person who is intentionally being deprived on life, liberty or property, is entitled to what two procedural due process rights?
The rights to notice and a hearing.
Name the 3 requirements that must be met in order for a restriction on the time, place, or manner of speech to be permissible.
The restriction must:
1. Be content-neutral as to both subject matter and viewpoint;
2. Be narrowly tailored serves a significant state interest; and
3. Leave open ample alternative channels for communication of the information.
How does aggregation come into play when considering the “substantial economic effect” of an activity for purposes of the Commerce Clause?
Congress has the power to regulate any activity that in and of itself, or in combination with other activities, has a substantial economic effect upon interstate commerce.
-Aggregation deals with the “in combination with other activities” part of the rule.
The federal government may not commandeer state legislators. What does this mean?
Congress cannot command state legislature to enact specific legislation or enforce a federal regulatory program, and it may not circumvent that restriction by conscripting a state executive officer directly.
*While Congress cannot directly command (either by compelling a state to enact legislation or prohibiting a state from enacting new laws), it can use its taxing and spending powers to encourage state action.
How does injunctive relief operate as an exception to the application of the 11th Amendment?
When a state official, rather than the state itself, is named as the defendant, the state official may be enjoined from enforcing a state law that violates federal law or may be compelled to act in accord with federal law despite state law to the contrary.
-However, federal courts generally may not issue injunctions against state court judges or clerks because they generally do not enforce state laws but resolve disputes between parties.
What is an advisory opinion and why do federal courts not render them?
An advisory opinion is an opinion issued by a court or a commission like an election commission that does not have the effect of adjudicating a specific legal case, but merely advises on the constitutionality or interpretation of a law.
-Federal courts do not render advisory opinions because federal courts only render decisions where an actual case or controversy exists.
Over what type of cases does SCOTUS have original jurisdiction?
The Supreme Court has original jurisdiction over:
1. All cases affecting ambassadors
2. Other public ministers and consuls
3. Those in which a state is a party
When is Congress able to regulate purely private conduct?
When it adopts legislation rationally related to eliminating racial discrimination pursuant to the 13th Amendment.
What 4 requirements must be met in order for government regulation of expressive conduct to be upheld?
- The regulation is within the government’s power to enact;
- The regulation furthers an important governmental interest;
- The governmental interest is unrelated to the suppression of ideas; and
- The burden on speech is no greater than necessary.
There is a general rule that states cannot enact legislation that discriminates against out-of-state commerce. What are the 5 exceptions to this rule?
- Necessary to important state interest and no other nondiscriminatory means are available
- State as a Market Participant
- Traditional government function exception
- Subsidies
- Federal/Congressional approval.
How does consent come into play as an exception to the application of the 11th Amendment?
A state may consent to suit by waiving its 11th Amendment protection.
For what types of offenses can the President exercise the Pardon Power?
The Constitution grants the President the power to “grant reprieves and pardons for offenses against the United States, except in cases of impeachment.”
-This power only applies to federal cases.
List 3 fundamental rights.
- The right to travel;
- The right to vote; and
- The right to privacy (including marriage, sexual relation, child rearing, and the right of related persons to live together).
In what 3 circumstances if federal preemption implied?
- Congress intended for federal law to occupy the field;
- The state law directly conflicts with federal law; or
- The state law indirectly conflicts with federal law by creating an obstacle or frustrating the accomplishment of that law’s purpose.
What is a pocket veto?
If Congress has adjourned within the 10-day period after presenting a bill to the President, and the President has not yet acted on the bill, this is known as a “pocket veto” and the bill does not become law.
-This cannot become overridden.
Name 3 actions not barred by the 11th Amendment.
The 11th Amendment does not bar:
1. Actions against local governments
2. Actions by the United States government or other state governments
3. Bankruptcy proceedings that impact state finances
What is a line item veto?
A line item veto is where the President refuses only part of a bill and approves the rest.
-Line item vetos violate the Presentment Clause and therefore unconstitutional.
What is a legislative veto, and is it constitutional?
Legislative vetos arise when Congress passes a law reserving to itself the right to disapprove future executive actions by simple resolution.
-Such acts are unconstitutional.
To have standing, a plaintiff bears the burden of establishing 3 elements. Name the elements.
- Injury in fact;
- Causation (the injury must be caused by the defendant’s violation of a constitutional or other federal right); and
- Redressability (the relief requested must prevent or redress the injury).
*The federal judiciary has also established a “prudential standing” requirement, that a plaintiff is a proper party to invoke a judicial resolution of the dispute.
