Constitutional Law

Question 1

Standing

Answer 1

A federal court cannot decide a case unless the plaintiff has standing. Standing requires injury in fact, causation, and redressability.

Question 2

Standing: Injury in Fact

Answer 2

The injury must be concrete and particularized. While the threat of future injury can suffice, it must be actual and imminent.

Question 3

Standing: Causation

Answer 3

The plaintiff must show the defendant’s conduct caused the injury.

Question 4

Redressability

Answer 4

It must be likely that a favorable court decision will redress the injury suffered.

Question 5

Organizational Standing

Answer 5

An organization may bring an action on behalf of its members if (1) its members would have standing to sue in their own right and (2) the interests at stake are germane to the organization’s purpose.

Question 6

Ripeness

Answer 6

Ripeness refers to the readiness of a case for litigation. A federal court will not consider a claim before it has fully developed. For a case to ripe for review, the plaintiff must have experienced a real injury or imminent threat thereof.

Question 7

Mootness

Answer 7

A live controversy must exist at each stage of review, not merely when the complaint is filed. A case has become moot if there is no longer a controversy.

Exception: A court will not dismiss as moot a case in which the defendant voluntarily ceases wrongful conduct once litigation has commenced unless the court is assured there is no reasonable expectation that the wrong will be repeated.

Question 8

State Action

Answer 8

The constitution generally protects against wrongful conduct by the government, not private parties. Therefore, an action by the state is necessary to trigger constitutional protections.

Question 9

First Amendment: Free Exercise Clause

Answer 9

The Free Exercise Clause of the First Amendment, applied to the states through the Fourteenth Amendment, protects the freedom to believe and the freedom to act. The freedom to believe in any religion or none at all is absolutely protected and cannot be restricted by law. Religious conduct is not absolutely protected.

If a law intentionally targets religious conduct, then it is subject to strict scrutiny. If the law is generally applicable, only incidentally interfering with religious conduct, it is subject to the rational basis test.

Question 10

Strict Scrutiny

Answer 10

A law will be found valid and survive strict scrutiny if it is narrowly tailored to achieve a compelling government interest. A law is narrowly tailored when it is necessary to achieve the government interest and the least restrictive means of doing so.

Question 11

First Amendment: Establishment Clause

Answer 11

The Establishment Clause requires the government remain neutral towards religion. The government is prohibited from establishing a religion, preferring a religion, or preferring a religion over non-religion.

When the law facially shows a preference, strict scrutiny will apply.

When a law has no religious preference on its face, the court will apply the historical practices and understanding test.

Question 12

Procedural Due Process

Answer 12

The Due Process Clause of the 14th Amendment provides that no state shall make or enforce any law that deprives any person of life, liberty, or property without due process of the law.

The court will first determine if there has been a deprivation of a life, liberty, or property right. If there has been, then the court will determine whether sufficient due process was afforded or what amount of due process is due.

Question 13

Property Right: Continued Government Employment

Answer 13

Public employers must provide their employees with due process protections before depriving their employees of a property interest in their employment or any constitutionally protected liberty interests.

However, government employees who are under a contract for a specified period of time generally have no liberty or property right to employment beyond the contract term.

Moreover, “at-will” government employees have no right to continued employment unless they have been given assurances by the government of continual employment, the contract provides for specific reasons for termination, or the grounds for termination violate the U.S. Constitution.

Question 14

Procedural Due Process: Life, Liberty, or Property Right

Answer 14

Liberty interests may include fundamental rights, such as those guaranteed by the U.S. Constitution.

Property rights are loosely defined and include almost any legitimate claim of entitlement, such as rights provided within an employment contract.

Question 15

Property Right: Right to Contract Terms/Right to Wages

Answer 15

A person holds a property interest in the terms of their existing contract, and the wages to be paid therefrom.

Question 16

Procedural Due Process: What Process is Due?

Answer 16

Due process requires that certain procedural safeguards such as notice and a hearing are afforded to an individual whose protectable interests have been taken by the government. The court will balance three factors in determining what process was due, (1) the private interest affected, (2) the government’s interest, and (3) the risk of an erroneous deprivation of such interest through the procedures used and the value of additional procedural safeguards.

Question 17

What Process is Due?: Government’s Interest

Answer 17

The court will look at the costs and burdens associated with requiring more procedures and also what government’s objective is in the deprivation.

Question 18

Eleventh Amendment

Answer 18

The Eleventh Amendment bars citizens from suing their own state in federal court without the state’s consent.

Question 19

Eleventh Amendment Exception: State Official Enforcement

Answer 19

As an exception to the Eleventh Amendment, when a state official, rather than the state itself, is named as the defendant in an action in federal court, 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.

May seek injunctive relief, but not legal damages.