Constitutional Law Flashcards
Justiciability Requirements
No advisory opinions Must be ripe Not moot Standing No PQ
No Advisory Opinions
Rule: federal courts may not render advisory opinions, which lack:
- an actual dispute between adverse parties; or
- any legally binding effect on the parties
Ripeness
Rule: federal courts may only decide controversies that are ripe for JR
Pre-enforcement review of laws (not DJ) are generally not ripe UNLESS:
- substantial hardship in absence of review
- issues and record are fit for review
Mootness
Rule: federal courts may only decide live controversies
Live if:
- in suit for declaratory and injunctive relief, challenged law or conduct continues to injure
- in suit for damages, πis not made whole
EXCEPTIONS:
- capable of repetition & evading review
- ∆ voluntarily stops and can resume
- class action – 1 π suffers ongoing injury
Standing
π must have:
- injury (any harm, but not ideological objections or generalized grievances; already or imminently occurring; personally suffered by π or one of the 3P exceptions)
NOTE: taxpayer standing OK if challenging own tax liability; challenge to congressional spending in violation of Establishment Clause ok, but not executive spending.
- causation (fairly traceable to ∆)
- redressability (favorable court decision can remedy harm)
Third Party Standing
Close Relationship:
- π injured
- 2P unable or unlikely to sue
- π can adequately represent 3P
Organizations (on behalf of members):
- Members have standing
- Members’ injury related to purpose of organization
- Members’ participation not required
Free Speech Overbreadth (party whose speech can be censored sues on behalf of those whose speech cannot)
- Substantial overbreadth in terms of law’s legitimate and illegitimate sweep
- Not commercial speech
Legislative Standing
Legislators may challenge acts that injury them personally, rather than the legislature generally
Political Question Doctrine
Rule: federal courts will not decide political questions
- committed by Constitution to political branches of gov
- incapable of or inappropriate for judicial resolution
Examples:
a. Guarantee Clause: challenges to state’s gov as not republican form of gov
b. Foreign Affairs: challenges to P’s conduct of foreign policy and command decisions
c. Impeachment Process: challenges to procedures used by Senate to remove officials
d. Partisan Gerrymandering
e. Qualifications of Members of Congress
f. Seating of Delegates at national political convention
Sovereign Immunity
Barred: state ∆ in fed/state court (and agencies)
EXCEPTIONS:
1. waiver
2. π = other state/fed
3. BR proceedings
4. 14th Am abrogation by Cong to prevent discrim
Not barred: injunctive relief and money damages from own pocket against:
- state officers
- local gov (city, county, etc.)
Abstention
- Unsettled question of state law
2. Cannot enjoin state judicial/admin proceedings
Final Judgment Rule
SCOTUS only hears cases after there has been a final judgment by the highest state court capable of rendering a decision or federal COA
Independent and Adequate State Grounds
SCOTUS will not review a federal question if the state court decision rests on an independent and adequate state law ground. Outcome would be the same regardless of how the federal question is decided.
Congress generally has no police powers to pass laws except…
- Native American reservations
- Federal land
- DC
Necessary and Proper Clause
NOT a basis of leg. power
Allows Cong to choose any rational means to carry out an enumerated power, as long as the means are not prohibited by the Cost.
Tax and Spend Power
Rule: Cong may tax and sped to provide for the general welfare
- Includes any public purpose not prohibited by Const, even if not within an enumerated power
Spending Conditions:
- strings must be linked to purpose of spending and not violate Const.
- strings cannot be unduly coercive
Commerce Power
Congress may regulate commerce with:
- foreign nations
- Native American tribes
- among the states (channels, instrumentalities, and substantial effect on IC in aggregate)
LIMITS: Cannot regulate–
- Noneconomic activity in area traditionally regulated by states
- . compel participation in commerce, even if lack of participation substantially affects IC
Can prevent discrim under the Congress power in addition to the 14A EPC
Delegation of Legislative Power
To Agencies: may broadly delegate leg. power as long as some intelligible principle guides exercise of delegated power
To President: no line item veto (violates bicameralism)
To Congress: no legislative veto to void duly enacted laws without bicameralism and presentment
Speech or Debate Clause
Members of Cong enjoy immunity from civil and criminal liability for legislative acts
NOTE: not bribes, tweet, town halls, speeches, and publications outside of Cong
P’s Appointment Power
Ambassadors, federal judges, and officers of the US
- P appoints
- S gives advice/consent by majority vote
Recess Appointments – permissible for vacancies arising before or during S recesses of 10+ days and valid until end of next S session
Inferior Officers –Cong may vest appointment power in P. department heads, or judiciary (but not Cong.)
P’s Removal Powers
May remove high-level executive officers at will
Cong. may limit P’s removal of other exec. officials to good cause
Cong. may not remove exec. officials except through impeachment process
P’s Pardon Powers
P may pardon anyone accused or convicted of a federal crime.
EXCEPTION: no power to pardon crimes underlying impeachment by HOR
NOTE: does not cover civil liability
P’s Foreign Powers
War: power to declare war; CIC – broad discretion to deploy troops internationally (challenges may be PQ; Cong. checks through power of purse)
Treaties/Exec Agreements
Similar: P negotiates; trumps existing/future STATE law
Differences: 2/3 S to approve treaty (not EA); treaty trumps existing fed law (not future, and EA does not trump any federal law
