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Constitutional Law Flashcards

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1
Q

What is original jurisdiction (trial jurisdiction)?

A

A court’s power to hear and decide a matter prior to any other court reviewing that matter.

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2
Q

What is appellate jurisdiction?

A

Power of a court to review and revise a lower court’s decision.

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3
Q

Which article covers the legislative branch?

A

Article 1

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4
Q

Which article covers the executive branch?

A

Article 2

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5
Q

Which executive powers does article 2 address?

A

This article address presidential AND congressional powers

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6
Q

Which article covers the judicial branch

A

Article 3

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7
Q

What do each of the branches of government do?

A

Legislative- makes the law

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8
Q

What are the five sources of judicial review?

A

Article 1

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9
Q

How does the supreme court review federal action?

A

The supreme court determines the constitutionality of the acts of the other 2 branches of the government.

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10
Q

Which case established judicial review?

A

Marbury v. Madison

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11
Q

What is the judicial review doctrine?

A

The Judicial Review Doctrine states that the supreme court has the power to reject/ invalidate state and governmental actions that are repugnant contradict the constitution.

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12
Q

Is the judicial review doctrine explicitly stated in the constitution?

A

NO

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13
Q

What does the judicial review doctrine apply to?

A

the legislative branch, the executive branch, and state decisions

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14
Q

What does article 3 do?

A

Article 3 sets out the subjects for which the Supreme Court will have original jurisdiction

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15
Q

What happens when a federal or state statute conflicts with the constitution?

A

That legislation is void and not binding on the Supreme Court

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16
Q

Can Congress alter the Supreme Court’s original jurisdiction?

A

NO, this jurisdiction was set out by the constitution

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17
Q

can Congress alter the Supreme Court’s appellate jurisdiction?

A

Yes, the constitution gives congress the power to alter SCOTUS’ appellate jurisdiction

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18
Q

Does the Supreme Court have the power to review executive/presidential actions?

A

No, it is not within the authority of the court to question how the executive branch or its officers performs functions in which they have legal and constitutional discretion.

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19
Q

What is discretion?

A

Discretion is the right to act according to one’s own judgment

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20
Q

What does the Supremacy Clause state?

A

The Constitution is the supreme law of the land. It also establishes that ALL state officials are bound by the constitution.

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21
Q

What did Cohens v. Virginia establish?

A

It established the supreme court’s ability to govern criminal actions.

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22
Q

What are the two types of limitations on the Supreme Court’s power?

A

Constitutional limitations and Policy limitations.

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23
Q

How does article III limit the power of the judicial branch?

A

Article III limits the power of the judicial branch to actual cases or controversies. The case or controversy requirement encompasses the requirements of standing, ripeness, and mootness as well as the prohibition on advisory opinions.

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24
Q

When can a federal court exercise judicial review?

A

1.Case must be in an adversary form

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25
Q

What kinds of cases do not meet the case or controversy requirements?

A

Advisory opinions

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26
Q

Can the supreme court give advisory opinions at the request of congress or the president?

A

NO, Advisory Opinions even at the command of the president or congress do NOT meet the case or controversy requirements.

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27
Q

What is standing?

A

Having standing means the litigant has a direct and substantial stake in the outcome of a suit.

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28
Q

What are the different types of standing?

A

Constitutional Standing

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29
Q

In general, what three elements must be met in order for a party to have standing?

A
  1. Injury in Fact
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30
Q

Explain the “injury in fact” element of standing

A

a party must show that they personally have suffered some actual injury as a result of the defendant’s conduct, OR

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31
Q

Is harm to the general public sufficient to show injury in fact?

A

NO, harm to the general public is too abstract. The injury must be concrete and specific.

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32
Q

Can an injury be economic, aesthetic, environmental, or tangible?

A

Yes, this may be sufficient to satisfy the “injury in fact” requirement

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33
Q

How is the “causation” element of standing satisfied?

A

The injury must be fairly traceable to the government’s action that is being challenged

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34
Q

Explain the “redressable harm” element of standing

A

The injury is redressable if the court can grant the requested relief.

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35
Q

If a mother wanted to bring a claim against a father for non-support, would that harm be redressable?

A

NO, a verdict against the father for non-support would not necessarily make him support his children. Therefore, a verdict in favor of the mother would not necessarily fix her problem.

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36
Q

If indigent people wanted to challenge an IRS policy allowing favorable tax status to hospitals, would they have redressable harm?

A

NO, a favorable ruling would not necessarily result in the hospital providing free medical care to indigent persons. No redressable harm here.

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37
Q

Why are there special rules for taxpayer standing? What is the rule?

A

Taxpayers lack a sufficient personal stake in spending federal money

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38
Q

What are the two requirements of the Flast Double Nexus Standing

A
  1. The federal Statute being challenged must have been enacted under Congress’ Taxing and Spending power in Article 1. §8 AND
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39
Q

Do litigants typically have standing on behalf of third parties?

A

A litigant usually lacks standing to assert the rights of a third party who is NOT in court as a party to the lawsuit

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40
Q

What 4 exceptions allow a litigant to assert third-party standing?

A
  1. If Congress creates a federal statute that allows third party standing.
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41
Q

When might it be difficult or impossible for a third party to assert their own rights?

A

i.e. comatose person, mentally ill or retarded person.

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42
Q

Give an example of a close personal relationship that would allow for third-party standing.

A

i.e. doctor-patient; husband-wife

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43
Q

Under associational standing, when can an organization represent its members?

A

An organization has standing to represent its members if:

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44
Q

Under associational standing, when can an organization represent itself?

A

An organization may have standing to represent itself in two types of injuries:

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45
Q

Give an example of the gov acting against an organization directly

A

Example: Fine levies against an environmental organization which must be paid out of the corporate funds.

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46
Q

Give an example of when the gov actions might cause members to leave an organization

A

Example: A state law that mandates that the organization release its membership list to the state causing members to drop out of the organization.

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47
Q

What is the rule in regards to citizen’s standing?

A

General rule, there is no citizen standing simply because you are a citizen.

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48
Q

What does the ripeness doctrine establish?

A

Cases must be matured or ripened in order for the Supreme Court to hear it

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49
Q

What two ways can a case be considered ripe?

A
  1. There is a present injury to be addressed
50
Q

What is “present injury” under the ripeness doctrine?

A

Present injury requires:

51
Q

What is “imminent threat of injury” under the ripeness doctrine?

A

In order for there to be an imminent threat of injury, there must be:

52
Q

What does the Mootness Doctrine establish?

A

A moot case is one where the issues no longer exist, therefore it would have no controversy to be resolved

53
Q

What five ways can a case become moot?

A
  1. The law has changed.
54
Q

A person was not admitted to a law school b/c of affirmative action. The person then got admitted elsewhere and was about to graduate when the case was about to be heard.

A

This case was resolved and no longer an issue so it was moot! If it was brought as a class action, it could continue

55
Q

A minor wishes to challenge a statute regarding the legal drinking age. When the case is about to be heard, he is no longer within the age bracket governed by the statute being challenged.

A

This would be considered moot because he is no longer affected by the statute he wishes to challenge! If it was brought as a class action, it could continue

56
Q

What are the four exceptions to the mootness doctrine?

A
  1. Repetition Doctrine
57
Q

Explain the repetition doctrine

A

When a controversy is capable of repetition, it will NOT become a moot case. The federal court can review the case.

58
Q

What are some examples of controversies that are capable of repetition?

A

Issue concerns events of a short duration like pregnancy, elections, divorce actions.

59
Q

Explain the term “collateral consequence”

A

If there is an unresolved collateral consequence which will adversely affect the litigant, a case will not be rendered moot.

60
Q

Give an example where there might be a collateral consequence

A

Joint tortfeasor from whom contribution is sought. One already pays, then they seek contribution from one who did not pay.

61
Q

What is voluntary cessation?

A

Where it is reasonable to expect the wrong will recur, the voluntary cessation of allegedly illegal conduct will not make a case moot.

62
Q

Give an example of voluntary cessation

A

Throwing garbage in a river. They can stop temporarily, and then start again.

63
Q

What are class actions?

A

One member of the class represents everyone.

64
Q

What does the political question doctrine establish?

A
  1. Federal courts will NOT decide any matter that the Constitution has committed to the executive or legislative branches.
65
Q

Why was the political question doctrine created?

A

The PQ Doctrine was created to protect the separation of powers values.

66
Q

Can SCOTUS rule on a treaty or foreign relations category

A

NO, a treaty or foreign relations category is considered a political question.

67
Q

Explain the Adequate and Independent State Grounds

A

The US Supreme Court lacks jurisdiction to review a state-court decision if the judgment is adequately supported by a state-law ground that is independent of federal law.

68
Q

What are enumerated powers?

A

Powers of the federal government that are specifically stated in the constitution

69
Q

Where can most of the enumerated powers be found?

A

Article 1 Section 8 expressly states most of the enumerated powers. There’s 17 enumerated power in this section. There are other amendments that give enumerated powers

70
Q

Which enumerated power is found in article 4 section 1?

A

Full Faith and Credit shall be given in each state

71
Q

What does the necessary and proper clause do?

A

Provides that Congress shall have the power to make laws which are necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of the U.S.

72
Q

Is the necessary and proper clause an enumerated power?

A

no, it is not. it CREATES the implied powers.

73
Q

What are the 6 elements of the necessary and proper clause test?

A
  1. Means must be appropriate
74
Q

Give examples of the enumerated powers

A
  1. Commerce power
75
Q

Give an example of implied powers ( this is not a literal example, it is the 3 things that explains how congress uses implied powers)

A
  1. Congress may use any “reasonable means” to achieve its goals
76
Q

What does the 10th amendment state?

A

Powers not delegated to the US by the Constitution are reserved to the states, or the people.

77
Q

What is interstate commerce?

A

Trade/activity between two or more states

78
Q

What is the test for whether an activity is considered commerce?

A
  1. Whether the activity is in interstate commerce
79
Q

What is the extent of congress’s power to regulate interstate commerce?

A

Congress has the power to regulate commerce within a state as long as the activity has or will have a substantial effect on interstate commerce.

80
Q

What are some types of commerce?

A

Prices, Wages, Working conditions, Economy, Navigation, Banking, Telephones, Securities Industry, Different kinds of companies, Radio, Internet, Mail, Movement of people across state lines, Movement of goods across state likes, Television, Trains, buses, trucks, that move, Environmental activities, Others

81
Q

What does the cumulative effects doctrine establish?

A

Congress may regulate trivial individual activities which have no effect on commerce as long as all such activities have a cumulative effect on commerce

82
Q

Can congress regulate an entire enterprise if only one part of it affects commerce?

A

YES, Congress may regulate the entire enterprise even if only one of the parts of activity affects commerce.

83
Q

What five things does the Taxing and Spending Clause do?

A
  1. Congress is allowed to spend money for the general welfare of the U.S.
84
Q

What is the penalty doctrine? What did this doctrine give rise to?

A

A taxing law that has the attributes of a regulation, any punishment is a penalty NOT a tax. Such a law is still constitutional if its intent is to accomplish any regulatory means.

85
Q

What does the Objective Constitutionality Doctrine

A

The court may uphold a taxing measure by choosing only on those parts of the legislation which reveal a taxing purpose while ignoring the other manifest regulatory features of the federal law.

86
Q

What does the modern affectation doctrine establish?

A

Congress has authority to regulate local and state activities if the activities have a substantial economic effect regardless of whether the activity is direct or indirect.

87
Q

What is the scope of state powers?

A

States have broad inherent powers to regulate the health, morals, safety, and well-being of their citizens.

88
Q

What does the tenth amendment state in regards to police powers?

A

States have police power to make laws for the health, morals, and safety of the wellbeing of the citizens.

89
Q

What are the limitations on state powers?

A
  1. Enter into any treaty, alliance, or federation
90
Q

What are the two types of federalism?

A

dual federalism; cooperative federalism

91
Q

What is dual federalism?

A

mutually exclusive state and federal powers. Gov structure where state and federal governments have their own exclusive area of jurisdiction. 2 parts separated.

92
Q

What is cooperative federalism?

A

shared functions without regard for neat allocation of responsibilities. Core of the American government. This is what we have today. Joint operation.

93
Q

Explain Discrimination Against Interstate Commerce

A

A state cannot pass a law that discriminates against interstate commerce (or international commerce). Such discrimination interferes with the primary authority of Congress over interstate and foreign commerce, and thus violates the Supremacy Clause.

94
Q

What is a discriminating purpose?

A

Unfair treatment and economic protectionism (favoring a state) is INVALID.

95
Q

What are discrimination means?

A

Although a state law is intended to serve a legit power, the law itself must regulate fairly.

96
Q

What is discrimination effect?

A

State law may be equal in terms of purpose and means, but its impact on interstate commerce may be more serious than its effect on local commerce.

97
Q

Economic Protectionism

A

Policies or statutes that protect businesses and workers within a state by restricting or regulating trade with other states. Economic protectionism favors a state

98
Q

What does congress’ power to regulate interstate commerce include?

A
  1. Uses of the channels of interstate commerce
99
Q

Can congress regulate wholly intrastate activity?

A

Congress may regulate wholly intrastate activity to avoid harm to interstate commerce.

100
Q

Can congress restrict the movement of people across state lines?

A

NO, it is unconstitutional

101
Q

What if congress is silent on an issue of commerce?

A

Even if congress is silent, the commerce clause itself as interpreted, imposes some limitations on the ability of states to regulate commerce when the state regulation affects interstate commerce.

102
Q

What does the dormant commerce clause establish?

A

State and local laws are unconstitutional if they place an undue burden (unreasonable burden) on interstate commerce.

103
Q

What two things does the dormant commerce clause do?

A
  1. Authorizes congress to act (regulate commerce)
104
Q

What is the modern approach in regards to the Dormant Commerce Clause?

A

Modern approach is that the Dormant Commerce Clause limits state power to regulate commerce

105
Q

What is the market participation doctrine?

A

The MPD is an exception to the rules prohibiting state discrimination and undue regulation on commerce. When a state acts as a market participant, it is NOT subject to the restraints of the constitution.

106
Q

What test determines if a state is acting as a market participant?

A
  1. Product is not a natural resource or something owned by the state.
107
Q

What does the establishment clause do?

A

Prohibits the government from making any law respecting an establishment of religion.

108
Q

Who does the Privileges and Immunities Clause Protect?

A

Citizens

109
Q

What does the interstate privileges and immunities clause do? Article IV

A
  1. Provides: Citizens of each state shall be entitled to all privileges and immunities to citizens in the several states.
110
Q

What does the substantial justification doctrine establish?

A

When a state confers a benefit on its own citizens it can not deny that same benefit to out of state citizens UNLESS it can show “substantial justification.”

111
Q

How does a state prove substantial justification?

A
  1. Nonresident is the particular source of the problem that the state is seeking to remedy, and
112
Q

What does the privileges or immunities clause do? 14th amendment

A
  1. Provides: No state shall make or enforce a law which shall abridge the privileges or immunities of citizens of the United States.
113
Q

What is the preemption doctrine/clause? Article VI

A

A judicially created doctrine based on the supremacy clause that says Federal laws take precedence over state laws when congress has completely taken over the matter or explicitly or implicitly excluded the state’s power

114
Q

What are the differences between the Privileges and Immunities Clause and the Dormant Commerce Clause?

A
  1. Corporations enjoy no protection under the privileges and immunities clause
115
Q

What does the exceptions clause do?

A

[U.S. Const., Art. III, § 2, cl. 2] Grants Congress the power to make exceptions to the Supreme Court’s appellate jurisdiction over cases.

116
Q

What is the Civil Rights Act of 1964?

A

The Civil Rights Act of 1964 is a landmark civil rights and labor law in the United States that outlaws discrimination based on race, color, religion, sex, and national origin.

117
Q

What did Heart of Atlanta Motel v. US say about commerce?

A

Congress may use the civil rights act as a measure to regulate interstate commerce. Under the Commerce Clause, Congress has the power to remove obstructions and restraints to interstate commerce. The unavailability to African Americans of adequate accommodations interferes significantly with interstate travel. Moreover, evidence shows that racial discrimination has a disruptive effect on commercial intercourse. Passage of the CRA is a constitutional use of Congress’s plenary power to regulate interstate commerce.

118
Q

What did Baker v. Carr establish?

A

A challenge to malapportionment of state legislatures brought under the Equal Protection Clause is not a political question and is thus justiciable (gerrymandering)

119
Q

What did Philadelphia v. New Jersey establish?

A

A state can not reduce its own waste by prohibiting out of state waste dumping. A state may not discriminate against other states’ articles of commerce on the basis of origin.

120
Q

What did the Valley Forge case establish?

A

Standing in federal court requires litigants to show personal injury in fact traceable to the challenged conduct and redressable by the courts.

Constitutional Law (2 decks)

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