Constitutional Law Flashcards
Judicial Review
The federal government is a government of limited powers, which means that in order for federal action to be legitimate, it must be authorized. Article III provides that federal courts shall have judicial power over all “cases and controversies”
Article III Courts
Established by Congress
-Congress has the power to delineate the Jx limits
Article I Courts
Legislative courts, created by Congress (ex: tax court). Congress cannot take the type of case typically heard by an A3 court and assign it to an A1 court.
Original Jurisdiction
SCOTUS has original Jx over all cases affecting ambassadors, public ministers, consuls, and those in which the State is a party.
-Congress may neither restrict nor enlarge SCOTUS’ original Jx, but can give concurrent Jx to lower federal courts
Appellate Jx
SCOTUS has mandatory appellate Jx over decisions by 3 judge federal district courts.
Discretionary appellate Jx over cases that come to it by writ of cert from federal courts of appeal, or the highest state court, if: the case alleges a federal question, or state statute allegedly violates federal law.
Adequate and Independent State Grounds
SCOTUS will decline to hear a case that rests on adequate and independent state grounds.
Adequate: fully dispositive of the case. Independent: rests on state law interpretations, as opposed to federal law provisions interpreting an identical provision to that of the state
11th Amendment Sovereign Immunity
Sovereign immunity protects state (not local) governments from suit without their consent, in any court on any subject matter.
Exceptions include: if the state expressly waives S.I., pursuant to §5 of the 14th Amendment (enforcement powers), or suit against a state official in his official capacity for injunctive relief.
Ripeness
A federal court will not hear a case unless the plaintiff has been harmed, or there is an immediate threat of harm. Generally prohibits pre-enforcement review of a statute or regulation, unless the court finds that plaintiff would suffer a great hardship absent a ruling.
Mootness
If the relief requested has already been obtained or is no longer a realistic solution, may be moot. Exceptions for cases: capable of repetition yet evading review, or where a party voluntarily ceases the offending conduct, but is free to resume at any time.
Standing
A federal court will not hear a case unless the party bringing suit has standing, such that they have a concrete stake in the outcome of the case or controversy. Standing requires: injury in fact, causation, and redressability.
Third Party Standing
Generally, a plaintiff must assert only his own constitutional rights. Third party standing may be permitted where:
- Plaintiff has suffered an injury and third parties find it difficult to assert their rights, or
- Plaintiff’s injury adversely affects his relationship with the third parties.
Organizational Standing
An organization had standing and can challenge actions injuring its members if:
- Injury in fact to members would give rise to individual standing
- Injury is related to the organization’s purpose, and
- Neither the nature of the claim nor the relief requested requires individual participation
Generalized Grievances
A plaintiff does not have standing as a citizen or as a taxpayer when the asserted injury is a generalized grievance, shared in substantially equal measure by all or a large class of citizens.
Taxpayer Standing
A taxpayer may have standing to challenge federal spending pursuant to Congress’ taxing or spending powers, on grounds that it violates the Establishment Clause.
Political Question
A federal court will not hear a case if it is one that is textually committed to another branch of government, or if it is inherently incapable of judicial review.
Examples include: conduct of foreign relations, when hostilities should be stopped, what constitutes a Republican form of government, election requirements for Congress, and partisan gerrymandering.
Necessary and Proper Clause
The N&P Clause gives Congress the ability to choose any means not prohibited by the Constitution in carrying out its express or implied powers.
Delegation
Congress has discretion to delegate its legislative powers to executive officers/administrative agencies, if there are intelligible standards for the delegation to follow, and the power is not one uniquely confined to Congress (because of separation of powers problems).
Bicameralism and Presentment
For Congress to act, there must always be bicameralism and presentment (ratification by both houses, and presentment to the president for his signature). A legislative veto, which seeks to override these requirements, is unconstitutional.
Federal Police Power
There is no general police power, except as pertains to: the military, Indian lands, federal lands and territories, and the District of Colombia.
Property Power
Congress has plenary power to dispose of and make rules for territories and other properties belonging to the United States, limited only by the Takings Clause.
There is an ancillary power of Congress to dispose of property of all kinds, including real, personal, and intangible.
Speech and Debate Clause
Any words or conduct occurring during the regular course of the federal legislative process, even if irrelevant to the proceedings, is immune from prosecution. This includes legislative aides acting in a discretionary manner.
Contracts Clause
A state or local government may not substantially impair the obligations under a private contract, unless doing so serves a legitimate state interest, and it is reasonable and narrowly tailored to promote that interest.
13th Amendment
The 13th Amendment gives Congress the power to pass laws prohibiting slavery, the badges of slavery, and involuntary servitude. This power extends to prohibiting racial discrimination in private and public transactions.
War Power
Article I, §8 gives Congress the power to declare war, and raise and support armies and provide for and maintain a navy. This includes the ability to regulate civilian activities outside of active war zones, even after hostilities have ended.
Military Courts
Military courts have Jx over all offenses committed by persons who are members of the armed services, both at the time of the offense and when charged. Federal or state courts have no general power to review courts martial.
Habeas
SCOTUS may make a limited inquiry into the validity of the military court’s Jx of the person and offense, or of their actions.
-Congress does not have the power to deny habeas review to all aliens detained as enemy combatants, unless there is a meaningful substitute that would allow prisoners to: challenge the Executive’s authority to detain them, contest findings of fact, supplement the record on review, and request release.
Commerce Clause
Federal commerce power includes the power to regulate the channels and instrumentalities of interstate commerce, as well as economic activities that have a substantial effect in the aggregate upon interstate commerce, if there is a rational basis for concluding that the activities, in the aggregate, affect interstate commerce.
10th Amendment Limits on the Commerce Power
All powers not delegated to the United States by the Constitution, nor prohibited to the states, are reserved to the states.
The 10th Amendment prohibits coercing states into action through over-penalization, or commandeering state official by requiring them to regulate their own citizens and commandeering them to perform acts in aid of federal law.
Dormant Commerce Clause
Congress’ power over intestate commerce is not exclusive; states may regulate local aspects of interstate commerce unless preempted by federal law. State laws that discriminate against interstate commerce will usually be found to violate the DCC, unless the state can prove that the laws are necessary to achieve an important state interest. Neutral laws will be found unconstitutional if the benefits outweigh the burdens.
Discrimination Against OOS Commerce (DCC)
Courts will consider whether there are less restrictive alternatives available, whether the regulation furthers an important, non-economic state interest, and whether the state is a market participant.
Pike Balancing Test (DCC)
When state regulations are neutral on their face, the court will consider whether there is an undue burden on interstate commerce, in which case the law will be invalidated. Courts will consider whether there are less restrictive alternatives, the regulation furthers an important, non-economic state interest, or the state is a market participant.
Privileges and Immunities (in relation to DCC)
Article IV prohibits discrimination by a state against non-citizens as to fundamental rights, which include civil liberties and the right to earn a living. A state may discriminate against nonresidents in the exercise of fundamental rights if there is a substantial justification for the differential treatment.
