Constitutional Law Flashcards
Justiciability
A case must be justiciable to be heard in fed. court. which means there must be a CASE OR CONTROVERSY presented.
Satisfy these Requirements:
(1) Standing
(2) Ripeness
(3) Mootness
(4) Political question doctrine
Standing
A party must have a concrete interest in the outcome of the claim to have a claim.
Requirements:
(1) Injury - P must have suffered some injury or show a likelihood of imminent injury
(2) Causation - P must allege that D caused the injury
(3) Redressability - P must show that the Court can grant a proper remedy
No Generalized Grievances (STANDING)
P cannot sue solely as a U.S. Citizen or taxpayer to compel govt. action. (EXCEPT: certain govt. expenditures under Establishment Clause)
Congress cannot automatically confer standing, but can create new rights by statute that give rise to standing when violated.
Third-Party Standing
a P with standing may asser the rights of a third party where P has suffered injury AND EITHER:
(1) P’s injury adversely affects his relationship with third party (e.g. bar owner could assert underage males’ rights in challenging ban on beer sales to underage males)
(2) Injured party is unlikely or unable to assert his own rights (e.g. association could challenge law requiring disclosure of member identifies b/c members could not challenge directly w/o revealing their identities)
Organizational Standing
organizations always have standing if the injury is to the organization itself
organizations may sue on member’s behalf if:
(1) Injury to the members that give members individual standing
(2) Injury is related to the orgs purpose; and
(3) neither claim nor relief requires the participation of individual members
Ripeness
The claim must be ripe meaning the dispute needs to be matured sufficiently to warrant a decision
For example, P is not entitled to review a law or government. action before it has been effectuated.
Mootness
There must be a live controversy at all stages of review. Meaning if circumstances causing P’s harm cease to exist after P files suit, the case must be dismissed as moot.
Exceptions:
(1) Wrongs capable of repetition but evading review - where the wrong ceases but P can reasonable expect to be subject to same harm in the future
(2) Voluntary cessation by D that can be resumed
(3) Class action lawsuits - only one member need to have ongoing injury
Political Question Doctrine
Fed. Courts will not adjudicate certain constitutional issues that constitute political questions
(1) Const. commits to another branch, or
(2) Are inherently incapable of judicial resolution or enforcement
Non-justiciable examples: foreign policy, impeachment/removal proceedings
Justiciable examples: production of presidential papers, validity of a fed. statute
Supreme Court Original Jurisdiction
Article III gives SCOTUS original jx over suits between states and cases involving foreign ambassadors and ministers.
Congress cannot expand Court’s original jx.
Methods of SCOTUS review
Discretionary Review - most cases get to SCOTUS by writ of certiorari; the Court then decides whether to review
Mandatory Review - SCOTUS must take appeals from three-judge discount court panels regarding injunctive relief (bypasses appeal)
Final Judgment Requirement
SCOTUS only hears cases on review if there has been a final judgment in a lower fed. court or a state’s highest court.
Congress may limit Court’s appellate jx to certain cases under Art. III.
SCOTUS and State Court Decisions
SCOTUS cannot review a state court decision that rested on an independent, adequate state law ground.
i.e. if the state decision is based on both fed/state law, SCOTUS will not grant review unless the decision cannot stand on the state grounds alone.
11th Amendment - Sovereign Immunity
Fed. Courts. cannot hear claims from a private party or foreign govt. against a state govt.
Sov immunity bars suits against states in state court.
Exceptions to Sovereign Immunity
Suits against state govt. are allowed in fed. court where:
(1) The state waives of consents;
(2) The suit involves the enforcement of laws under Section 5 of the 14th and Congress has removed immunity
(3) The fed. govt. brings the suit, or
(4) Bankruptcy proceedings
Suits against State Officers
can be brought in fed. court. if involves either:
(1) Injunctive relief claim for violation of the Const. or Fed. Law, or
(2) Claim for money damages to be paid by the state officer personally
Legislative Powers
Article I.
(1) Taxing and Spending
(2) Regulating Commerce
(3) Establishing uniform naturalization rules and bankruptcy laws
(4) Raising and supporting military
Speech or Debate Clause
members of Congress have criminal and civil immunity for “legislative acts” including activities and documents essential to duties
Necessary & Proper Clause
enables Congress to take any action not constitutionally prohibited to carry out its express powers.
Conferring implied powers but must be rooted in conjunction with another federal power.
Taxing & Spending Power
Congress max tax and spend in any way deemed necessary for the “general welfare” (broad).
The taxes must reasonably relate to revenue production
Regulations and Regulatory Spending
Congress can tax to achieve a regulatory effect if:
(1) The tax’s dominant intent is to raise revenue; and
(2) There is some reasonable relationship between the tax and the regulation
Congress can also create a regulatory effect by placing conditions on its spending as long as it’s not overly coercive.
Congress’ Police Power
Congress has no general police power.
EXCEPT, concerning:
(1) Military
(2) Indian Reservations
(3) Federal Land
(4) D.C.
Power to Regulate Commerce
Commerce Clause - Authority to regulate interstate commerce.
Activity to be regulated must be economic.
Congress may regulate channels, instrumentalities, or economic activities that substantially affect interstate commerce. (BROAD).
Intrastate Commerce Regulation Power
Economic Activities - if there is a rational basis to conclude that the activity, in aggregate, substantially affects interstate commerce
Non-Economic Activities - only if it has a direct, substantial economic effect on interstate commerce (harder burden to satisfy relative)
Dormant Commerce Clause (brief)
limits state laws burdening interstate commerce (i.e. interfering with Congress’s Commerce power)
10th Amendment
All powers not granted to the federal government or prohibited from the states are reserved for the states.
Limits Congress’s ability to regulate and/or tax states alone (anti-commandeering principle) except for activities that violate civil rights.
Dual Application - regulation applying to both public and private sector are usually valid (e.g. fed. minimum wage laws are applicable to state govt as well as private sector)
Conditional Grants
Congress can induce (but not compel) state regulatory or legislative action through the use of conditional grants
e.g. fed. highway funds conditioned on maintaining a minimum drinking age of 21.
The condition must be:
(1) Expressly stated
(2) Related to the purpose of the law at issue; and
(3) cannot be unduly coercive.
Congressional Delegation of Power
Broad authority to delegate legislative powers to executive officers and administrative agencies (note: NOT executive or judicial powers to itself)
Administrative Agencies established by statute can create rules that have status of law (subject to intelligible principles to define scope)
Major Questions Doctrine
When an agency adopts regulations with extraordinary economic and political significance, needs clear congressional authorization
Legislative Veto
Congress cannot veto a decision by an agency acting under a delegated power
(Remedy: overturn by enacting a superseding law).
Line-item Veto
President cannot veto part of a bill; would be an impermissible delegation of power to the President (presentment power must be exercised in its entirety)
Appointment Powers
President - ambassadors, fed. judges, and other high-level officers with advice and consent of Senate
Congress - cannot give itself appointment powders, but can vest the power to appoint inferior officers in President, courts, Heads of Agencies, etc.
Inferior Officers
Usually those working under presidentially-appointed officers (i.e. can be fired by appointed officer)
Removal Powers
President - can remove at will, high-level, purely executive officers and some heads of independent agencies (if sole director & exercises executive power)
Congress - can only remove executive officers through impeachment power. However, can statutorily limit President’s power to remove all other executive appointees (i.e. require good cause).
Impeachment
House of Representatives can impeach the President, VP, fed. judges, and fed. officers for treason, bribery, or high crimes and misdemeanors by majority vote.
Upon impeachment there will be a trial in the Senate requiring 2/3 vote for removal.
Executive Privilege
protects against disclosure of presidential papers and conversations
An important govt. interest in criminal cases can override the privilege (e.g. Watergate - presidential documents and phone logs were disclosed for evidentiary purposes)
Presidential Immunity
President has absolute immunity from civil suits arising from official actions taken while in office (not prior)
Presidential Pardon Power
The President has the power to pardon those accused or convicted of fed. crimes (not state crimes), to commute sentences.
EXCEPT: The President cannot pardon someone for convictions leading to impeachment.
This power cannot be limited by Congress.
Treaties
Article II power granted to the President to make treaties, appoint ambassadors, and act as the Commander in Chief of the Military.
The president negotiates all treaties that become effective upon ratification by 2/3 of the Senate.
Congress has right to declare war but President has authority to represent U.S.
Treaty Conflicts
State Law - Treaty prevails
Federal Law - most recent prevails
Constitution - Const. prevails
Executive Agreements
President agreement w/ Foreign Head of State. Only prevails over conflicting state law.
No congressional approval is required, and it can be used for any purpose.
Express Preemption
Under the Supremacy Clause fed. law trump conflicting state and local laws.
Express - if a fed. law provides that it is the exclusive authority in a given area, it preempts state and local law (narrowly construed)
Implied Preemption
if a fed. law is silent on preemption; it implicitly preempts state law in three situations:
(1) Mutual exclusivity - complying with both is impossible (state can set stricter if compliance with both is possible)
(2) State law impedes a fed. objective
(3) Congress evidences a clear intent to legislate exclusively and/or preempt state law (immigration and bankruptcy)
Dormant Commerce Clause Test
Congress has broad commerce power; where Congress has not acted, state and local laws may regulate local aspects of interstate commerce if the regulation is neither discriminatory nor unduly burdensome/
A state / local law regulating interstate commerce IF:
(1) Discriminates against out-of-state competition,
(2) Unduly burdens interstate commerce, or
(3) Regulates wholly out-of-state activity
Examples:
(1) Regulations protecting local business or requiring local operations
(2) Regulations limiting access to in-state products
Dormant Commerce Clause Exception
A state law burdening interstate commerce is valid if either:
(1) It is necessary to an important state interest (i.e. furthers an important, non-economic state interest and no reasonable alternatives exist)
(2) The state is a market participant (can favor its own citizens when the state is the one buying/selling, hiring, giving subsidies, etc)
(3) In the performance of Traditional Govt Function
(4) Congress Unmistakenly Approves
Article IV Privileges & Immunities Clause
States may not discriminate against non-state residents. State law is intentionally protectionist and concerns rights relating to important commercial activities
Note: only protects CITIZENS.
Test: Discriminatory state law will be invalid if it:
(1) Relates to civil liberties or commercial activities; and
(2) Is not necessary to achieve an important govt. interest
Examples:
Valid: law requiring higher fees for non-state residents at public golf courses, hunting licenses, etc
Invalid: income tax on non-residents only; limiting bar admission to state residents, different fees for commercial licenses, etc.
State Taxation of Interstate Commerce
State taxes must have a substantial connection to the state and may not tax in a way that discriminates against interstate commerce (i.e. taxing an instate businesses differently than out of state to help instate)
Analysis: Does the tax discriminate against interstate commerce?
Yes? - invalid; violates Dormant Commerce Clause
No? - does the burden placed on interstate commerce outweigh its benefits to the state? Three Requirements:
(1) Substantial Nexus - tax must have a substantial nexus to the taxing state (i.e. item taxed is based on a significant in-state activity)
(2) Fair apportionment - tax must be fairly apportioned (i.e. state can only tax the portion of the activity connected to the state)
(3) Fair relationship - tax must be fairly related to services or benefits provided by the state (i.e. tax must be fairly related to some govt. service or benefit)
Intergovernmental Immunity
States may not directly tax or regulate fed. govt. property or activities without the consent of Congress.
EXCEPTION: indirect, non-discriminatory taxes are valid if they do not reasonably burden fed. govt (e.g. state income tax on fed. employee working in the state is OK)
