Constitutional Law Flashcards
Ripeness
Court won’t hear a case unless P’s harmed or there’s an imminent threat of harm
Mootness
Issue has already been resolved before or during pendency of the case
Individual Standing
1) Concrete & particularized injury; 2) causal connection; & 3) favorable ruling will eliminate the harm
Third-Party Standing
1) P has individual standing; & either
2) 3rd parties find it difficult to assert their own rights, or
3) P’s injury adversely affects P’s relationship with the 3rd party
Organizational Standing
1) Individual members have standing;
2) Injury is related to the organization’s purpose; &
3) Neither the nature of the claim nor the relief requires participation of the members
11th Amendment bars the following suits against states in federal court
1) Action against state gov’t for damages;
2) Action against state gov’t for injunctive or declarative relief where the state is a named party;
3) Action against state gov’t officers where the effect of the suit is that retroactive damages will be paid from the state treasury or state land would be taken away; &
4) Action against state gov’t officers for violating state law
Sec. 5 of the 14th Amendment
Congress can enact remedial legislation in connection with EPC/DPC violations
In regard to interstate commerce, Congress may regulate
1) Use of channels of interstate commerce;
2) Instrumentalities of interstate commerce; &
3) Activities having a substantial economic effect on interstate commerce, even if purely intrastate
10th Amendment - Coercion
Can’t require state to act in a certain way or substantially penalize it for failing to act
10th Amendment - Commandeering
Can’t require state official to act in aid of federal law without providing federal funding
Dormant Commerce Clause
State or local law is invalid if it 1) discriminates against out of state competition to benefit local economic interests; or 2) is unduly burdensome
Dormant Commerce Clause Exceptions
1) It furthers an important non-economic state interest (health & safety) & there aren’t reasonable nondiscriminatory alternatives
2) Gov’t agency is a market participant
3) Congress exempts state/local gov’t from DCC; or
4) Traditional public function
Article IV Privileges & Immunities Clause
Prohibits discrimination by a state against out of state citizens as to fundamental rights (1, 2, 4-6 As, right to earn a living)
Privileges & Immunities Clause Exception
1) Nonresidents are part of the problem to be solved; & 2) There are no less restrictive means to solve the problem
Taxing Power
Congress can tax any activity it can otherwise regulate, or where there is a revenue-raising purpose
13th Amendment - Involuntary Servitude
Congress can enact laws preventing racial discrimination in private & public transactions
Contracts Clause
State/local law may not substantially impair an obligation under private K, unless it 1) serves a legitimate & important state interest, & 2) is reasonable and narrowly tailored to promote that interest
Legislative Veto
Unconstitutional for Congress to veto an Executive action without bicameralism & presentment
Preemption
Federal laws/Executive Orders supersede all conflicting state/local regulations
Express Preemption
Congress explicitly states that the law preempts all state/local laws
Implied Preemption
1) Actual conflict between the laws;
2) State law interferes with a valid federal objective; or
3) It appears Congress intended to occupy the entire field such that the federal law is comprehensive in scope & the federal gov’t creates an agency to administer the law
Presidential Authority - Domestic Affairs
President acts with express/implied authority of Congress - act valid
Congress is silent - act valid if it doesn’t aggrandize or encroach another branch
Congress expressly declines to authorize - act invalid
Total Taking
All of owner’s property is appropriated
Partial Taking
Less than all of owner’s property is appropriated
