Constitutional Law 2 Flashcards
What are the judicability doctrines? Do all have to be met for a Federal court to hear a case?
- Standing
- Ripeness
- Mootness
- Political Question Doctrine
Yes, all must be met for any federal court to hear a case.
What is standing?
The issue of whether the P is the proper party to bring a mater to the court for adjudication.
What are the standing rules/ what is required for a person to have standing?
- Injury:
2. Causation and Redressability
What is injury?
The P must allege and prove that he or she has been injured or imminently will be injured.
• P’s may only assert injuries that they personally have suffered
• P’s seeking injunctive or declaratory relief must show a likelihood of future harm.
What is Causation and Redresability?
The Plaintiff must allege and prove that the D caused the injury so that a favorable Court decision is likely to remedy the injury.
Can a P assert the claims of others and/ or of third parties who are not before the court?
No, a P cannot assert the claims of others who are not before the court. However, there are exceptions.
What are the exceptions to the GR of no third party standing?
- • Close Relationship: Third party standing is allowed if there is a close relationship between the P and the injured third party.
• Impairment or inability: Third party standing is allowed if the injured party is unlikely to be able to assert his or her own rights.
• Organizations: (not frequently tested) An organization may sue for its members, if:
o The members would have standing to sue
o The interests are germane to the organization’s purpose
o Neither the claim nor relief requires participation of individual members.
Are generalized grievances allowed?
No their is a GR that states the P must not be suing solely as a citizen or as a taxpayer interested in having the government follow the law.
What is the exception to the GR of generalized grievances?
• Flast Exception: expenditures pursuant to federal or state or local statutes as violating the Establishment Clause.
o Cause of action arises from a direct expenditure (money) from Congress and
o It is in violation of the establishment clause. (Congress spending money n religion)
What is ripeness?
Ripeness is the question of whether a federal court may grant pre-enforcement review of a statute or regulation.
What is the test for ripeness?
• 2 Part Test (Look at):
The hardship that will be suffered without preenforcement review AND
The fitness of the issues and the record for judicial review
What is mootness?
If events after the filing of a lawsuit end the plaintiff’s injury, the case must be dismissed as moot.
What are the exceptions to mootness?
Wrongs capable of repetition yet evading review:
• Injury must be the type likely to reoccur to the P again
• Must be of such duration that it will likely always evade review.
Voluntary Cessation:
• If the D voluntarily halts the offending conduct, but is free to resume it at any time, the case will not be dismissed as moot.
Class action suits:
• Named litigants no longer parties to the case do not render the case moot so long as the claims of others in the class are still viable.
What is the political question doctrine?
refers to constitutional violations that the federal courts will NOT adjudicate:
What are some of the common political questions?
- Challenges to the impeachment and removal process
- Challenges to partisan gerrymandering
- Challenges to the President’s conduct of foreign policy
- The “republican form of Government clause”
In order for a Supreme Court to hear a case, what doctrines must be met?
• All cases from state court come to the SC by writ of Certiorari
The constitutionality of a federal statute, federal treaty, or state statute is in issue or a state statute allegedly violates federal law.
• All cases from US Courts of appeal come to the Supreme Court by writ of Certiorari
• Appeals exist for decisions of three-judge federal district courts that grant or deny injunctive relief.
Skips COA and goes straight to the SC (MUST HEAR)
• The Supreme Court has original and exclusive jurisdiction for suits between state governments
What is the final judgment rule?
Generally, the SC may hear cases only after there has been a final judgment of the highest state court, of a US Court of Appeals, or of a three-judge federal district court.
For a Supreme Court to review a state court decision there must not be an ______ and _____
independent and adequate state law ground of decision.
(If a state court decision rests on two grounds, one state law and one federal law, if the SC reversal of the federal law ground will NOT change the result in the case, the SC cannot hear it. )
May Federal Courts and state courts hear suits against state governments?
No, Federal courts (and state courts) may not hear suits against state governments.
11th amendment bars suits against ____
state governments in federal court.
What is sovereign immunity?
bars suits against states in state courts or federal agencies
When may states be sued?
Waiver: by the state of it’s immunity
• Must be explicit
o Must expressly consent to be sued
Federal laws adopted under section 5 of the 14th amendment: states may be sued pursuant to this. Congress cannot authorize suits against states under other constitutional provisions.
Federal Government may sue state government
Bankruptcy Proceedings
Are suits against state officers allowed?
Yes but only may be sued for the following:
Injuctive relief against state officer
Only for prospective payments (to be paid out of their own pockets) not retroactive
What is the GR of Abstention?
Federal Courts may not enjoin pending state court proceedings
• When a federal constitutional claim is premised on an unsettled question of state law→ federal court should abstain temporarily as to give state courts a chance to settle the underlying state law question.
• Pending State Proceedings:
Generally, federal courts will not enjoin pending state criminal proceedings
In order for Congress to act, what must be?
There must be express or implied authority/congressional power
What is the necessary and proper clause?
• Gives Congress the power to pass laws that are necessary and proper to enforce its enumerated powers in Article 1 Section 8
What is the test for for the necessary and proper clause?
If Congress is implementing a law o execute/enforce an enumerated power of Article I section 8, then Congress may use any means, so long as the law is:
Rationally related to the objective Congress is trying to achieve
Does not offend or violate other provisions of the Constitution
What is the test for the taxing and spending power of Congress?
Must be used for the General Welfare
Must not violate any other constitutional provisions
What does the Commerce Clause state?
The Congress shall have the power to regulate Commerce with the foreign nations, with Indian Tribes, and among several states.
• In order for Congress to act constitutionally under the Commerce Power, it must fit under these prongs. Congress may regulate:
Channels of Interstate Commerce
Instrumentalities of interstate commerce and persons or things in interstate commerce.
Congress may regulate economic activities that have a substantial effect on interstate commerce.
• If economic you may aggregate
• If non-economic:
o A substantial effect cannot be based on cumulative impact.
CONGRESS may not regulate inactivity:
What is the 10th amendment?
Places a limit on Congressional powers. The 10th amendment states that all powers not granted to the US nor prohibited to the states, are reserved to the states or the people.
o Congress cannot compel states to enact or enforce federal laws or federal regulatory programs by:
- Commandeering the state legislative process
* Commandeering state officials to enforce regulatory programs
Can Congress tie strings to the issuance of grants to induce a state to comply?
Yes, so long as it is:
- related to the purpose
- Not coercive AND
- Conditions are clearly stated
May Congress prohibit harmful commercial activity by state governments?
Yes, example DMV giving out personal information- selling it. Congress prohibited the harmful commercial activity.
What does Section 5 of the 14th amendment state?
Congress may act only to prevent or remedy violations of rights recognized by the courts and such laws must be:
- proportionate and
- congruent to remedying constitutional violations.
o Congress may not create new rights or expand the scope of rights
Is there a limit to Congress’ ability to delegate legislative power?
No, no limit exists on Congress’ ability to delegate legislative power
What is a legislative veto? Is it unconstitutional?
Congress acts to overturn an executive action without bicameralism and/or presentment. Always UNCONSTITUTIONAL!
What is a line item veto, is it unconstitutional?
President acts to cancel part of a bill and write the other into law. President must either sign off on entire bill or veto entire bill.
Always UNCONSTITUTIONAL!
For Congress to act there ALWAYS must be ____ and _______.
bicameralism (passage by both the House and the Senate) and presentment (giving the bill to the President to sign or veto)
May Congress delegate executive power to itself or it’s officers?
o Congress MAY NOT delegate executive power to itself or its officers
Treaty conflicts with state law- who prevails?
Treaty prevails
Treaty conflicts with federal law- who prevails?
The one adopted last in time controls
Treaty conflicts with US Constitution- which prevails?
Constitution prevails and treaty is invalid. Constitution is the Supreme law of the land.
What is an executive agreement?
An agreement between the US and a foreign country that is effective when signed by the President and the head of the foreign nation.
What are the rules regarding executive agreements?
Executive agreements prevail over conflicting state laws, but never over conflicting federal laws or the Constitution.
What is the rule regarding presidential powers?
The President has broad powers as Commander-in-Chief to use American troops in foreign countries.
What are the appointment powers of the President?
The President appoints officers (ambassadors, federal judges, and officers of the US)
• Senate must approve for the person to take office
Congress has discretion with regard to the appointment of which officers?
Inferior officers
Congress may vest the appointment of inferior officers in the President, the heads of departments or the lower federal courts.
May Congress give itself or it’s officers the appointment power?
No
What is the rule regarding the President and recess appointments for intersession recesses?
The President may not make recess appointments for intrasession recesses that are less than 10 days.
What is the rule regarding the President and recess appointments for intersession recesses?
The President may not make recess appointments for intrasession recesses that are less than 10 days.
What is the removal power of the President?
Unless removal is limited by statute, the President may fire any executive branch office.
What must be present for Congress to limit removal power of President?
- It must be an office where independence from the President is desirable and
- Congress cannot prohibit removal, it can limit removal to where there is good cause shown.
The president, the Vice President, federal judges and officers of the US can be impeached and removed from the office for:
treason, bribery, or for high crimes and misdemeanors.
What is the impeachment process?
House impeaches and Senate conducts trial
• Impeachment by the House of Representatives requires a majority vote; conviction in the Senate requires 2/3 vote
