Constitutional Law

Question 1

Private individuals cannot sue states for money damages- exceptions

Answer 1

-Federal suits brought by one state against another state
-Suits brought by the federal government against a state
-Subdivisions of a state do not have immunity
-A private citizen may sue a state requesting an injunction
-State consent

Question 2

Federal Jurisdiction- law-based

Answer 2

cases under Constitution or federal law,
cases of admiralty and maritime

Question 3

Federal Jurisdiction- party-based

Answer 3

controversies to which the US shall be a party,
controversies between two or more states,
cases between a state and citizens of another state,
cases between citizens of different states and the amount in controversy is over $75k, and
cases affecting ambassadors and consuls

Question 4

Private individuals can sue states when the states consent:

Answer 4

expressly and unequivocally
OR
Congress can authorize individual citizen private suits involving monetary damages to compensate for state violations of post-Civil war 13th, 14th, and 5th Amendments pursuant to its enforcement powers

Question 5

Exam tip: 11th A question

Answer 5

if money damages and private individuals are involved, the lawsuit will not be permitted unless it involves the 13th, 14th, or 15th amendments

Question 6

Cases and Controversy

Answer 6

RAMPS (go up the ramps!)
Ripeness
Abstention
Mootness
Political Question
Standing

Question 7

Standing

Answer 7

injury in fact
causation
redressability

Question 8

Exceptions to the standing rule

Answer 8

Special relationship exception
Organization/Membership exception

Question 9

Special relationship (standing exception)

Answer 9

1. the plaintiff has suffered injury
2. a special relationship exists between the plaintiff and the third party because of the connection between interests of the plaintiff and the constitutional rights of the third part AND
3. the third party is unable or finds it difficult to bring suit on his or her own behalf

Question 10

Organization/Member (standing exception)

Answer 10

1. the members would have standing to sue in their own right
2. the interest asserted is germane to the association’s purpose AND
3. Neither the claim asserted nor the relief requested would require the individual members to participate in the lawsuit

Question 11

Ripeness

Answer 11

Bars consideration of claims before the claim’s issue has fully developed

Question 12

Mootness

Answer 12

Controversy or matter has been resolved

Question 13

Mootness exception

Answer 13

CRYER
Capable of Repetition Yet Evading Review

Question 14

Exam tip: if the correct answer is ripeness or mootness,

Answer 14

then the question will most likely deal with a lawsuit remedy requesting declaratory judgment

Question 15

Political Question

Answer 15

Federal courts cannot hear cases involving political questions, a matter that the Constitution assigned to another branch of government or that is incapable of a judicial answer
2 important facts:
1. something in the Constitution suggests that the ultimate decision-making authority is given to another governmental actor
2. the required decision is political rather than legal in nature
Ex: foreign affairs in a frequently tested PQ

Question 16

Abstention

Answer 16

Federal court may abstain or refuse to hear a case when the case includes undecided issues of state law.
2 ways:
1. meaning of a state law or regulation is unclear
2. where a state court proceeding is going on

Question 17

Special Case rule

Answer 17

Although a state court decision may involve a FQ, if the state court judgment can be supported on an adequate and independent state ground, the Supreme Court will not take jurisdiction (advisory opinion)
Exception: If the state court says it is merely copying federal constitution, then no clear independent state grounds exists so no abstention

ex: a state law ground will usually be adequate if it invalidates something- a state law or a contract. No adewuate if the law or contract is upheld under both federal and state law.

Question 18

Original Jurisdiction of SCOTUS

Answer 18

original jurisdiction over cases involving ambassadors, foreign diplomates, and state
Congress cannot enlarge or restrict

Question 19

Appellate Jurisdiction of SCOTUS

Answer 19

Where the Constitution or a federal law is at issue

Question 20

Congress’s power over the courts

Answer 20

Constitution grants Congress power to create courts inferior to the Supreme Court and proscribe their powers
Congress cannot take a case from appellate jurisdiction and more it to original jurisdiction (Marbury v. Madison)

Question 21

Powers of Congress

Answer 21

Legislative power
Commerce power
Taxing power
Spending power
War and defense power
Investigatory power
Property power
Eminent domain power
Admiralty and maritime power
Bankruptcy power
Postal power
Copyright and patent power
Speech and debate clause
Civil War amendments
Delegation of power

Question 22

Congress Legislative power

Answer 22

for a federal law to be Constitutional:
1. Congress has the powers the Constitution gives it and no others
2. Congress must have the power to pass the law, and the law must not violate a constitutional right