Constitutional Law Flashcards
Justiciability
Article III
Req’s live case or controversy
Standing
Issue
Causation
Redressability
3rd party standing
Generally not allowed unless
1) Close relationship
2) Unlikely to assert your own rights
Organizational standing
Can bring on behalf of members if:
1) Members would have standing
2) Germaine to organizations purpose
3) Participation is not req’d
Doctrine of Ripeness
No pre-enforcement review unless
1) P would suffer great hardship
2) Issues are fit for judicial review (purely legal)
Generalized grievance
Can’t sue solely as a citizen/taxpayer
However a taxpayer can challenge a government expenditure for violating establishment clause
Doctrine of mootness
If events take place after filing that end P’s injury
unless:
1) capable of repetition yet evading review
2) voluntary cessation
2) Class action
Supreme court
Appointed by the president with advice and consent of the senate
Setting appellate jurisdiction
Article III gives congress the power to reverse lower courts decisions and make exceptions
Supreme court will hear a case when
1) Final judgment of highest st. court or court of appeals
and
2) No IASG
Independent and adequate state grounds
Looking at courts decision clearly based on state grounds
Cant exist if
1) unclear
2) Can be decided on fed law
Supreme Cts original jurisdiction
State v. state
Suits involving foreign officials
Can’t expand or restrict jurisdiction but can grant concurrent jurisdiction to lower federal courts
Lower federal courts will hear
Fed Q
Diversity jurisdiction
Fed Courts will not hear
Any cases based on the doctrine of soverign immunity
Soverign immunity
11th amendment bars suits against states
Citizen v. state in federal court is ok when
1) Express consent from the state
2) Suing state officer
3) Article 5 of 14th amendment
Abstention
Won’t hear any pending suits in state court
Congress authority
Congress has the authority to enact any tax & spending law to promote the general welfare and provide for the common defense
Congress authority over land
1) Federal Land
2) Native american Land
3) Military bases
4) District of columbia
Congress enacting regulatory laws
Congress can enact regulatory laws pursuant to enumerated powers granted by the constitution
and any laws necessary and proper to effectuate those grants of authority
Commerce clause
Art. 1 Sec 8
Congress has the power to regulate channels, instrumentalities, activities that have a substantial effect on interstate commerce
Channels
Airways, waterways, roadways
Instrumentalities
People, goods, modes
Activities that have a substantial effect on interstate commerce
Economic
Non-economic
