Constitutional Law Flashcards
What does a plaintiff need in order to sue in Federal court?
Standing
Standing requirements
Remember: “Penises Damage Coochies Regularly”
- Personal Injury
- Direct Injury
- Causation
- Redressibility
Third party standing rule
Generally NOT allowed, UNLESS:
- close relationship
- injured 3rd party unlikely to assert rights
- 3rd party is an organization
Ripeness v. Mootness
Fed courts may only interpret law in a real case or controversy.
Ripeness: whether case is ready to be litigated Mootness: dispute has ended or been resolved before federal review (will not hear the case) - Exception: will still hear case if wrong is capable of repetition but evading review, voluntarily stops wrong but can continue at anytime, and class action
What is state immunity?
11th amendment prohibits states to be sued in fed court UNLESS:
- state explicitly waived protection
- federal govt bringing suit based on fed laws
- Congress clearly removes immunity
- for injunctive relief against an unconstitutional statute
- state v. state
Commerce Clause
Allows fed govt to regulate interstate commerce, specifically
- channels and instrumentalities
- economic activities that have a substantial effect on interstate commerce
Tax and spending power of Congress
Can only tax and spend for the general welfare
Can congress delegate their powers?
Yes so long as the powers can be delegated under the constitution AND congress provides reasonably intelligible standards as guidelines
Limitation on congressional powers
Under 10th and 14th Amendments
10th Amendment - cant compel state to regulate or act, but may induce w/ strings on grants if expressly stated and related to purpose
14th am - congress cant create new or expand existing rights. can only prevent or remedy violations of existing rights if proper/congruent to violation
Fed executive powers: Domestic
President has power to
- execute the law
- appoint officers of the US with advice and consent of senate
- remove officers without cause unless statute says otherwise
- pardon federal crimes (not state, civil or for impeachment)
- command troops
Fed executive powers: foreign
President alone has power to
- enter executive agreements with heads of foreign countries
- control troops abroad
Can president enter into treaties by himself?
No. President negotiates treaties, but must be ratified by the Senate
Effect of treaties if it conflicts with state laws, fed laws or constitution?
State law - treaty controls, state law invalid
Fed law - last adopted law controls, fed or treaty
Constitution - treaty invalid, constitution always wins
Executive veto power
President has power to strike down an act of Congress, but act can still become law if the veto is overridden by a two thirds vote of by house AND senate each.
Has 10 days to exercise veto. If not, then becomes law if congress in session; automatically vetoed if congress not in session.
Line item veto not allowed. Reject or approve “in toto”
When can president be impeached?
Can be removed fro treason, bribery, and high crimes and misdemeanors.
Requires majority house vote and conviction in Senate by two thirds vote
Wha is Preemption?
Under Supremacy clause, federal law will always trump conflicting state law
How can state law be preempted?
Expressly preempted - fed legislation specifically states that the fed law is exclusive
Implied preemption occurs through:
- direct conflict with state law
- field preemption (law itself or legislative history intended fed govt to exclusively occupy given field)
- state law interferes substantially w/ obj of fed law
What is state action?
When alleging a constitutional violation, plaintiff MUST show that the violation is attributable to government action
Rule for state action
Generally, conduct of private individuals or entities is NOT protected by the U.S. constitution but will find “state action” for private conduct when conduct:
- a traditional public function OR
- govt authorizes, encourages or facilitates activity (entanglement)
Dormant commerce clause
State or local law is unconstitutional if it places excessive burden on interstate commerce
