Constitutional Law Flashcards
Advisory Opinion
The suit lacks:
1. an actual dispute, or
2. any legally binding effect.
Ripeness
The laws and policies must be formalized and can be felt in concrete ways.
The plaintiff can establish ripeness by showing:
1. Issues are fit for judicial decision AND
2. That the plaintiff would suffer substantial hardship in the absence of review.
Mootness & Exceptions
The controversy must exist at all stages of review.
Exceptions:
1. The controversies are capable of repetition but evade review because of their inherently short duration.
2. Cases where the defendant voluntarily stops the offending practice but is free to resume it.
3. Class actions where the class representative’s controversy become moot but the claim of at least one other class member is still available.
Standing
A person must have standing at all stages of litigation, including on appeal.
Elements:
1. Injury in Fact,
2. Causation, and
3. Redressability.
Standing - Injury in Fact
The party must have an individual, prior particularized and concrete injury.
- Particularized Injury - An injury that affects the plaintiff in a personal and individual way.
- Concrete Injury - An injury that actually exists.
Taxpayer Standing
A taxpayer has standing to challenge their tax bill.
Tenth Amendment Standing
A person may have standing to allege that federal action violated the Tenth Amendment by interfering with powers reserved to the state if the person has a redressable injury in fact.
Standing to Challenge Congressional Spending
People have standing to challenge congressional spending measures on First Amendment Establishment Clause grounds.
Standing to Assert 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 the third party.
Organizational 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 organization’s purpose, AND
3. Individual member participation in the lawsuit is not required.
Standing - Causation
There must be a causal connection between the injury and the conduct at issue.
Standing - Redressibility
A decision in the litigant’s favor must be capable of eliminating their harm.
Sovereign Immunity and the Eleventh Amendment
Sovereign immunity of the Eleventh Amendment bars a private party’s suit against a state or governmental agency.
Exceptions to Sovereign Immunity
- Express Waiver - States can consent to suit. Most states have waived immunity in torts cases.
- Implicit Consent/Structural Waiver - State have implicitly agreed to be sued when:
- Federal power is complete in itself AND
- Federal government exercising that power as part of the plan of the Constitution.
Suits Against Local Government
Local governments are not protected by sovereign immunity.
