Constitutional Law Flashcards
What Does Prohibition on advisory Opinions mean?
The Supreme Court cannot issue advisory opinions. The Supreme Court interprets “case and controversy” requirement of article II bares rendition of advisory opinions.
What is Standing
Answers the who of litigation. It is the determination of whether a specific person is the proper party to bring a matter to the court for adjudication.
What are the Constitutional Requirements for standing?
- Injury – actual or imminent, not conjectural or hypothetical, only injury that is concrete and and palpable and particularized
- Causation – injury must be fairly traceable to the D, causation must not be too attenuated.
- Redressibility – an injury is redressibile if a favorable court decision will remedy the injury.
Lujan v. Defenders of Wildlife
Animal rights activists allege that they are individually injured by funding a board that increased the extinction of animals
Injury – recognized that harm to the aesthetic beauty and recreational use of a river is the type injury.
Causation – found that causation was attenuated because the injury harm to endangered animals was not directly caused by the secretory of the interior, but by agencies funding the projects of foreign and third parties
Redressability – no, because they desired the secretary of state consult about the funding there is not guarantee that would stop harm
What is Prudential Standing
Congress may override these because they are not derived from the Constitution.
When may the court allow a third party standing
The Court has held that (1) P must had suffered or may presently suffer a direct impairment of his own constitutional rights. P may however assert third-party rights where he himself has suffered injury and
(2) Third party find it difficult to assert their own
rights (Singleton v Wulff)
(3) injury suffered by P adversely affects his relationship with third parties (Craig v Boren)
Singleton v Wulff
Abortion Case. P’s physician who performs abortions have a standing to maintain the suit?
Yes. A physician may be allowed to assert the rights of women patients against government intereference. Two facts:
1. the closeness of relationship btw P and the third party
2. The likelihood third-party can sue on their own behalf. (Dr. Stepping in the shoes of the women)
What is a generalized grievance
P may not sue a tax payer who shares a grievance in common with all the tax payers. Individualized suits only because it Is a citizen or tax payer concerned with having the government follow the law. Not able to assert a particular concrete injury (US v Richardson)
What is Ripeness
Answer the question of when a suit takes place. Seeks to separate matters that are premature for review because the injury is speculative and may never occur. P must be harmed or there must be an immediate threat of harm.
Abbott Laboratories v. Gardner
Congress amended the Food and Drug Act and was making medical companies change their labeling on drugs. No ripe, because there were not penalized yet.
Test:
1. The fitness for review
2. the hardship to the parties if no review
What is Mootness
Are we too late to redress the injury. A live controversy must exist at all stages of review.
What is the exception to Mootness
Capable of repetition but evading review
Where the complaining party will be subjected to the same action again and would again be unable to resolve the issue because of shortness of duration. Like: pregnancy, elections)
What is voluntary cessation
Where a defendant can voluntarily cease the offending behavior but is free to return to it at any time.
What is a political question
- The resolution is committed to a branch of the federal government other than the Supreme Court
- Issue inherently incapable of resolution and enforcement by the judicial process
ex. impeachment trial is left only to the senate. (Nixon v. United States)
What Is the guarantee Clause
The US shall guarantee to every state in this union a republican form of government and shall protect them against invasion.
What is the Legislative Power
Congress can act only if there is express or implied authority in the Constitution, whereas states may act unless the constitution prohibits the action.
10th Amendment
Reminds Congress that the States have power
14th Amendment
Congress shall have power to enforce by legislation the provisions of this article.
What are enumerated Powers?
Specific powers mentioned in and granted by the constitution
What is federalism
The power to govern is divided between central and localized government.
Necessary and Proper Clause
Enables congress to make all laws that may be necessary and proper to execute its other enumerated powers. This clause gives congress the power to execute specifically granted powers.
What is the Commerce Power
Congress shall have the power to regulate Commerce with Foreign Nations and among several States and with the Indian Tribes.
Commerce
Three Main Categories
- Channels of Interstate Commerce: Transportation =commerce
- Regulations of instrumentalities of interstate Commerce
- Activities having a substantial effect on interstate commerce
What does “among the several states” mean?
Intermingled with. If something is amongst others then it is intermingled with them. “among” therefore is concerning more than one state. Commerce amongst the states cannot stop at the boundary line of each state and may be brought into the interior.
