Constitutional Law Flashcards
What are the requirements for Article III standing?
Injury—must be both concrete and particularized
* Causation—the injury must be fairly traceable to the challenged action
* Redressability—the requested relief must be likely to redress the injury
Is taxpayer standing allowed?
Very limited; cannot challenge government expenditures generally unless challenging specific legislatively authorized expenditure as violation of Establishment Clause
When is 3P standing allowed?
No standing unless 3P is unable to assert her own rights, there is a special relationship between the plaintiff and 3P, or the injury to plaintiff affects the relationship with 3P
When is organizational standing allowed?
May sue on behalf of its members if the members would have standing and the interests are tied to the organization’s purpose
What does the 11th Amendment mean for jurisdiction?
- a federal court cannot hear an action by a private citizen or a foreign country against a state government; local (municipal) governments are not protected
- a state is immune from suit for money damages by its own citizens in state and federal court, absent exception
What are the exceptions to sovereign immunity/11th Amendment?
Consent by state
* Injunctive relief against a state official (unless state-court judge or clerk)
* Money damages against a state officer personally, not paid by the state treasury
* Prospective damages to be paid by state treasury in suit against a state officer
* Congressional abrogation under the remedial provisions of the Thirteenth, Fourteenth, and Fifteenth Amendments
* Structural waivers—actions brought by U.S. government, bankruptcy proceedings, federally approved condemnation proceedings, actions pursuant to Congress’s war and defense powers
What are Congress’ powers under the commerce clause?
- Congress can regulate channels, instrumentalities, and any activity that substantially affects interstate commerce, provided that the regulation does not infringe upon any other constitutional right
- Congress can regulate any activity (intra- or interstate) that has a substantial economic effect on interstate commerce, measured by whether there is a rational basis for concluding the activity in aggregate would affect interstate commerce (presumed for economic activity).
- Cannot regulate purely noneconomic activity
When can Congress exercise its taxing and spending power?
- Congress has the power to tax if it is reasonably related to raising revenue
- Congress has the power to spend for the general welfare and can use its spending power to regulate activity by conditioning federal funding on such activity
What is the dormant commerce clause?
- In the absence of federal regulation, state regulation of commerce is valid so long as there is no discrimination against out-of-state commerce or an undue burden on interstate commerce.
- The clause applies to both out-of-state citizens and corporations
When can a state discriminate against out of state commerce?
- Necessary to Important state interest/no alternative means
- Market participant
- Traditional Gov’t Function (e.g. waste disposal)
When will an undue burden on interstate commerce be upheld?
- Balancing test—are the burdens imposed on interstate commerce clearly excessive in relation to the local benefits?
- Is the regulation only impacting out-of-state activity? A state may not purposefully or deliberately regulate conduct that occurs wholly beyond its borders.
What is the privileges and immunities clause of Article IV (Comity Clause)?
No state may deprive a citizen of another state the privileges and immunities it accords its own citizens.
Discrimination against out-of-state citizens? Corporations are not “citizens”
* Does it impact a fundamental right or essential activity?
◦ Private employment (e.g., fee for commercial license, residency requirements)
◦ Recreational activities not protected (e.g., higher fee for hunting license)
* Does a substantial reason justify the discrimination?
◦ Nonresidents caused, or are part of, the problem
◦ The discrimination is substantially related to that problem
When is a tax on interstate commerce valid?
Discrimination? Is tax designed to protect local commerce from out-of-state competition?
No discrimination?
* Substantial nexus between the state and the taxed activity? Significant contact or substantial activity within state?
* Fair apportionment of tax liability? Tax on interstate commerce equal to (not greater than) the tax on local commerce?
* Fair relationship to services provided by the state? State benefits relate to the tax
What are the types of federal preemption?
- Express—Congress explicitly prohibits state laws in the area or the Constitution gives the federal government exclusive power
- Implied—Congress intended federal law to occupy the field or a state law is in conflict
* Direct conflict—it is impossible (or nearly so) to comply with both laws simultaneously
* Indirect conflict—state law frustrates the federal law’s purpose
When will private actors be deemed state actors?
- Traditional government function performed by private persons
- Significant state involvement with private conduct, such that the government is pervasively entwined with the private party’s conduct (e.g., facilitating private discrimination) –> licensing isn’t enough
