Constitutional Law Flashcards
What are the three branches of government?
The federal judicial power, the legislative power, and the executive power
What is federalism?
The limits placed on state/local governments because we have a federal government
What is the requirement for cases & controversies?
Federal Courts must decide actual cases and controversies and cannot render advisory opinions
What is standing?
The issue of whether the plaintiff is the proper party to bring the matter to court.
Four requirements of standing?
- Plaintiff must prove injury
- Plaintiff must prove causation and redressability
- There can be no 3rd party standing. Injuries must be personally suffered
- There can be no generalized grievances. Plaintiff must not sue solely as a citizen or taxpayer interested in having the government follow the law
How must a plaintiff prove injury?
Plaintiff must allege and prove that he or she has been injured or imminently will be injury. Not established with mere ideological objection–must assert injuries they personally have suffered.
Plaintiffs seeking injunctive or declaratory relief must show?
Likelihood of future harm
When must standing be met?
At all stages of litigation, including on appeal
What is causation and redressability?
Where the plaintiff must prove that the defendant caused the injury so that a favorable court decision is likely to remedy the harm.
What is the rule against third party standing?
A plaintiff cannot assert claims of others, of third parties who are not before the court. A plaintiff must present personally suffered injuries.
Exceptions to the third party standing rule? (Hint: There are 3)
If there is a close relationship between the plaintiff and the injured third party where plaintiff can be trusted to adequately represent the interests of the third party.
(Ex: Doctor-Patient relationship)
If injured party is unlikely to assert their own rights.
(Ex: prospective juror knocked off jury–Batson challenge)
Where an organization sues for its members? But need
1) Individual members must have standing
2) Interests are german to organization’s purpose
3) Neither the claim nor relief requires participation by individual members
Exceptions to generalized grievance rule?
Taxpayers have standing to challenge government expenditures pursuant to federal (or state/local) statutes for violating the Establishment Clause (no standing to challenge tax credits to persons who contribute to groups that provide scholarships for students attending private schools).
A person has standing as a citizen to allege that a federal action violates the Tenth Amendment by interfering with powers reserved to the States.
What is Ripeness?
Ripeness is the question of whether a federal court may grant pre-enforcement review of a statute or regulation.
We look at the hardship that will be suffered without pre-enforcement review and the fitness of the issues and the record for judicial review.
What is Mootness?
If events after the filing of the lawsuit end plaintiff’s injury, the case must be dismissed as moot.
Why must a case be dismissed if there is no injury?
Plaintiff must present a live controversy, though a non-frivolous money damages claim will keep the case alive
Exceptions for mootness?
If the wrong is capable of repetition but evades review because of its inherently limited time duration. (ex: abortion cases)
Voluntary cessation of the injury (ex: employer briefly removing racially discriminatory hiring test)
Class action suits (as long as one person has standing)
What is the political question doctrine?
Refers to constitutional violations that the federal courts will not adjudicate
Cases dismissed as non-justiciable political questions?
Guarantee clause cases (guaranteeing each state a republican form of government)
Challenges to President’s conduct of foreign policy
Challenges to the impeachment and removal process
Challenges to partisan gerrymandering
Most cases come to the Supreme Court by?
Writ of certiorari
-All cases from state court
All cases from US Ct of Appeals
When can the Supreme Court hear case?
After the final judgment of the highest state court, of a US Court of Appeals, or a 3 judge federal district court.
Final Judgment Rule
Supreme Court has original and exclusive jurisdiction where?
For suits between state governments
Only place Supreme Court has to take a case?
Appeals of decisions of 3-judge federal district courts
The Supreme Court cannot review a state court decisions when?
When there is an independent and adequate state law ground–when the Supreme Court’s reversal on the federal law ground will not change the result in the case, the S. Ct. cannot hear it.
Lower federal courts and state courts may not hear suits against whom? Based on what principle?
State governments. Based on the principle of sovereign immunity from the 11th Amendment. State governments generally cannot be named as defendants in federal court cases.
Sovereign immunity also bars suits against states in…?
State courts or federal appeals and even on federal law claims
What are the exceptions on suing state governments?
Where a state waives its right not to be sued
When a plaintiff sues pursuant to federal laws adopted under Section 5 of the 14th Amendment
When the federal government is a plaintiff
Where the claim is a bankruptcy proceeding.
When are suits against state officers allowed? What may they be sued for
Always allowed even if the state government cannot be named as a defendant.
Can be sued for:
- Injunctive Relief
- Money damages paid out of pocket
When must a federal court abstain from a claim?
Federal states may not enjoin pending state court proceedings.
Congressional power must be…?
Expres or implied
Congress has no federal police power, except in issues pertaining to…?
Military
Indian Reservations
Lands (Federal)
District of Columbia
3 Big Powers of Congress?
Taxing, Spending, and Commerce Power
These all fall under the MILD police powers
Congress may spend and tax for?
The general welfare (comes from preamble to Constitution)
How to decide whether a legislative enactment imposes a tax?
Determined by “function”
Commerce Power allows Congress to regulate commerce with…?
Foreign nations, Indian tribes, and among the States
Supreme Court has ruled hat Congress may act under the Commerce clause in which situations?
Channels of interstate commerce
Instrumentalities of interstate commerce and persons or things in commerce
Economic activities that a substantial effect on interstate commerce (cumulative impacts count as well)
Congress can regulate existing commercial activity but it cannot….
It cannot regulate inactivity
Tenth Amendment as a limit on Congressional powers states which principle?
All powers not granted to the United States, nor prohibited to the states, are reserved to the states or the people
Congress cannot compel what kind of state action?
State regulatory or legislative action
Congress can induce state government action by putting strings on grants, so long as…
Conditions are expressly stated, and relate to the purpose of the spending program so long as they are not unduly coercive
Congress may prohibit what kind of activity by state governments?
Harmful commercial activity
Fifteenth Amendment is a limitation on states and federal government because it prevents them from denying any citizen….? Amendment allows Congress and federal courts to do what?
The right to vote based on race or color
Congress can adopt legislation protecting the the right to vote from discrimination
Federal Courts has some freedom to regulate state voting–but can only treat states differently if there is extraordinary justification. Decades old data is not sufficient.
No limit exists on Congress’ ability to…
Delegate legislative power
What type of vetoes are unconstitutional?
Legislative vetoes and line-item vetoes.
For Congress to act on certain legislation, there must be…?
Bicameralism and presentment. President must sign or veto the bill in its entirety.
Congress may not delegate what power?
Executive power to itself to itself or its officers
What is a treaty?
Agreements between the United States and a foreign country that are negotiated by the President and effective when ratified by the Senate.
State laws that conflict with treaties are…
Invalid
Federal laws that conflict with treaties are…
Valid unless the treaty is last in time
A treaty that conflicts with the US Constitution is…
Invalid
What is an executive agreement?
An agreement between the US and a foreign country that is effective when it is signed by the President and the head of a foreign nation.
Executive agreements prevail over what? Don’t prevail over?
Executive agreements prevail over conflicting state laws, but never prevail over conflicting federal laws or the US Constitution.
What is the President’s Appointment power?
The President appoints ambassadors, federal judges, and officers of the U.S., although the Senate must approve the nomination.
Congress may vest appointment of inferior officers in…?
The President, Heads of Departments, or lower Federal Courts.
Unless removal is limited by statute, the President may fire…
Congress may, by statute, limit removal, but only if:
Any executive branch official.
1) The office is one where independence from the President is desirable
2) Can show good cause
Who can be impeached removed, and for what?
The President, Vice-President, federal judges and all officers of the US
For treason, bribery, or high crimes and misdemeanors
Impeachment alone does not . . . a person from office
Remove
Impeachment by the House requires….?
Conviction in the Senate….?
Impeachment requires a majority vote.
Conviction requires a 2/3 vote
President has absolute immunity to….?
Civil suits for money damages for any actions while in office
