Constitutional Law Flashcards
Judicial Power: Art. III: what can court decide?
ONLY cases and controversies
• No Advisory opinions: opinions that do not bind parties to the court judgment.
• Proper timing: Ripeness and Mootness
• Standing
Federal courts have judicial powers over
all cases and controversies
• arising under Constitution, laws, or treaties of US
• Of admiralty and maritime jurisidiction
• in which US is a party
• between two or more states
• between a state and citizens of another state
• between citizens of different states
• between citizens of the same state claiming lands under grants of different states
• between state or citizens thereof and foreign states, citizens or subjects
Ripeness
too soon, we need a bleeding Π.
Π must allege actual harm or the immediate threat of harm. (look for proposed or unenforced laws)
Mootness
Case brought too late
Will be dismissed as moot unless there exists an actual, live controversy between the parties at all states of the litigation, including appeal.
Exceptions:
• injury is capable of repetition to that plaintiff, but would otherwise evade review (like challenging abortion)
• Class action, as long as one member of class still has issue
• collateral consequences, or some continuing issues between the parties
• voluntary cessation, but free to start up again
Standing
- Π has suffered an injury in fact: anything but ideological harm or theoretical
- Causation: fairly traceable to gov. action
- Redressability: can court do something to remedy the injury
Congressional conferral of standing
Congress cannot eliminate standing requirements, the constitution requires it.
BUT congress can create federal statute which may create new interests, injury to which may be sufficient for standing.
Standing to enforce government statutes
Some times Π can sue to enforce a federal statute
BUT even then the Π must suffer an injury.
Injury must be within the zone of interest congress meant to protect.
If congress intended that those interests be protected and that those people could bring an action to enforce it then they are likely to have standing.
Standing to assert the rights of others
A party only has the right to raise his or her own rights, and cannot raise the rights of others EXCEPT if:
• the party has suffered some actual injury AND
• there is a special relationship between the party and the third party AND
• some hindrance to the third party raising own rights.
Vender of beer to protect right of males under 21 to drink
Doctor raising rights of patient to have abortion
family law limits, dad challenges pledge, when mom has custody of child. No standing for dad.
Standing of organization
An organization has standing if it has an injury itself.
ALSO for its members if
• injury in fact to members to give members standing
• injury related to organization’s purpose
• no reason to require participation of the individual members in the lawsuit.
Citizen standing
No standing as a citizen.
Taxpayer standing
“plaintiff, suing as a taxpayer”
Taxpayer may challenge own tax liability, but no standing as taxpayer to challenge how gov. spends money.
BUT
taxpayer has standing to challenge
• laws enacted under Congress’ taxing and spending powers, NOT executive or administrative action AND
• law exceeding a constitutional limit on taxing and spending (so far only the establishment clause)
