Constitutional Law Flashcards
Article III Judicial Power
cases involving:
- Interpretation: constitution, federal laws, treaties, and admiralty
- Disputes: states, states and foreign citizens, citizens of diverse citizenship
Original Jurisdiction of Supreme Court
all cases affecting: ambassadors, public ministers, consuls, and when state is a party
Concurrent jurisdiction to lower federal courts EXCEPT those between states
Appellate Jurisdiction
all cases which federal power extends
Doctrine of “Strict Necessity”
case is “justiciable” if there is a “case or controversy”
Ripeness
Plaintiff not entitled to review of a statute until its enforcement UNLESS will suffer some harm. or immediate threat of harm
Mootness
controversy must exist at all stages of review
EXCEPTION: capable of repetition but evading review (pregnancy); class action of members still have claims
Standing
must have stake in outcome at all stages
Standing Components
- Injury in fact
- Causation (casual connection)
- Redressibility
Standing to Assert rights of Others
Generally no unless:
- Difficult for third party to assert right
- Special relationship exists between claimant and third party (doctor assert rights of patient)
Standing of Organizations
- There is an injury in fact to members that gives right to sue on own behalf
- the injury is related to the organizations purpose; AND
- individual member participation is not required
No Citizenship Standing
No standing merely as a “citizen”
Taxpayer Standing Requisites
MUST have Congress’s spending power involved (example suits challenging congressional spending to aid parochial schools) first amendment
Adequate and Independent State Grounds
Supreme Court will NOT exercise jurisdiction if state court judgment is based on adequate and independent state law grounds EVEN if federal issues are involved
Adequate = fully dispositive of the case
Independent = not based on federal case interpretations of identical federal provisions
Abstention
Supreme court will TEMPORARILY abstain from resolving a constitutional claim when it rests on unsettled state law question
Will NOT enjoin state CRIMINAL proceedings except in cases of proven harassment or prosecutions taken in bad faith
Eleventh Amendment Limits on Federal Courts
Prohibits Fed Court from hearing a private or foreign gov party claim against state government
- state is party or will have to pay retro damages
NOT BARRED: actions against local governments. actions by US or other states, or federal bankruptcy court
EXCEPTIONS to Eleventh Amendment Limits
Actions against state officers…
1. to enjoin an officer from future conduct that violates const. or fed law (even if payment from state)
2. actions for damage against an officer PERSONALLY
Specific Legislative Powers
powers enumerated in the constitution PLUS all auxiliary powers NECESSARY AND PROPER to carry out the powers
Taxing Power
Congress has power to tax
upheld if reasonable relationship to revenue production OR if congress has power to regulate activity taxed
Spending Power
Congress may spend to “provide for the common defense and general welfare” ANY PUBLIC PURPOSE
Commerce Power
regulate all foreign and interstate commerce
To be within Interstate Commerce Power must either:
- Regulate the channels
- Regulate the instrumentalities
- Regulate activities that have a SUBSTANTIAL effect on interstate commerce
Economic or commercial activity
a rational basis on which congress concludes that the activity in the AGGREGATE substantially affects interstate commerce
if NON-ECONOMICAL congress MUST show a direct SUBSTANTIAL economic effect (generally wont be able to EX: gun in school zone law)
War Powers
CONGRESS power to declare war, raise and support armies, and provide for and maintain a navy
Property Power
power to dispose of and make rules for territories and other properties of the US
To dispose or federal takings must be under an enumerated power
Police Power
Congress has NONE except over D.C., Fed Lands, military bases, and indian reservations
Bankruptcy Power
establish uniform rules non exclusive; States MAY legislate as long as no conflict
Power of Citizenship
Establish rules of citizenship (naturalization and denaturalization) CANNOT take away citizenship native-born or naturalized w/o consent
- Resident aliens entitled to notice and a hearing
“Major Questions” Doctrine
agency adopts regulations that have extraordinary economic and political significance MUST point to clear congressional authorization
Executive Appointment Powers
President appoints: ambassadors, justices of supreme court, and others not provided
Power as Chief Executive
President acts w/express or implied authority MAX power
President acts w/silence from congress upheld unless usurps power of other branch
Presidents acts express will of congress LITTLE authority
Treaty Power
with consent of 2/3 senate
Exclusive Federal Powers
Express: treaty, coin money
Inherent: declaration of war, federal citizenship
Exclusive State Powers
not delegated to fed gov = reserved to the states
Express Preemption
Expressly provide states may NOT adopt laws concerning subject matter XYZ
Implied Preemption
state law conflicts = impliedly preempted
State prevents Fed objective = Impliedly preempted
Field Preemption
presumption that historic state police powers are NOT to be superseded UNLESS that was the clear and manifest purpose of congress
Full Faith and Credit Clause
judgment entitled to full faith and credit MUST be recognized in sister states
Commandeering State Officials
Congress MAY NOT state executive officials to enforce federal laws
State Taxation and Regulation on Federal Gov
cant w/o consent of congress
nondiscriminatory, indirect are okay if reasonable
Privileges and Immunities Clause
Prohibits the discrimination by a state against NONRESIDENTS
ONLY “Fundamental Rights” Protected
“Fundamental Rights” of P&I Clause
commercial activities (pursuit of a livelihood) , Civil Liberties
clause ONLY applies if intentionally protectionist in nature
