Constitutional Law Flashcards
Federal Judicial Power: Justiciability
A SPERM:
Abstention Standing Political Standing Eleventh Amendment/Sovereign Immunity Ripeness Mootness
Justiciability:
Abstention
Fed can’t enjoin pending State Court proceeding.
Justiciability:
Standing Requirements
Requirements: (Pickled Doughnuts Cause Reflux)
1) Personal & Direct Injury;
2) Causation;
3) Redressibility.
Justiciability:
Third Party Standing
No Third party standing except- if (i) close relationship; and (ii) injured 3rd party unlikely to assert his own rights.
Justiciability:
Associational Standing
1) Individuals have standing;
2) Germane to organization’s purpose; and
3) Neither claim nor relief requires participation of individuals.
Justiciability:
Political Question
Will not adjudicate challenges to:
1) Amendments;
2) Foreign policy;
3) Republican form of government;
4) Impeachment; or
5) Partisan gerrymandering.
Justiciability:
11th Am/Sovereign Immunity
States can’t be sued in Fed Ct unless:
1) Fed gov’t sues;
2) Express waiver; or
3) Congress clearly removes immunity.
4) State sues another State
5) Suing state official re: abuse of power for enforcement of unconstitutional law.
Justiciability:
Ripeness
Some violation of law or when nothing to be gained with actual violation.
Justiciability:
Mootness
Must be live controversy.
Except:
1) Wrongs capable of repetition but evading review;
2) Voluntary cessation;
3) Class actions.
What are the Federal Legislative Powers?
Police Power
General Welfare
Commerce Power
Federal Legislative Power:
Police Power
None except MILD:
Military; Indian reservations; Land (Fed); and District of Columbia.
Federal Legislative Power:
General Welfare
May only tax and spend.
Federal Legislative Power:
Commerce Power
(1) Channels of interstate commerce (IC);
(2) Instrumentalities of IC;
(3) Substantial effect on IC (cumulative impact for economic activity only).
Federal Legislative Power:
Limitations
10th Amendment - Can’t compel states to regulate or act, but may induce with strings on grants if expressly stated & related to purpose.
14th Amendment – Congress can’t create new or expand existing rights. Only prevent or remedy violations of existing rights if proportionate/congruent to violation
What are the Federal Executive Powers?
1) Treaties
2) Executive Agreements
3) Appointments
4) Removal
Federal Executive Powers:
Treaties
Must be ratified by Senate but no Senate approval required to void.
Conflicts:
State law – State law is invalid.
Fed law – Last adopted controls.
US Constitution – Treaty invalid.
Federal Executive Powers:
Executive Agreements
No Senate approval needed.
Conflicts:
State law – State law is invalid.
Exec Agreement never valid over conflicting Fed law or Constitution.
Federal Executive Powers:
Appointments
President appoints: (i) ambassadors, (ii) Fed judges, and (iii) exec officers with Senate confirmation.
Congress may vest appointment authority but may not give itself appointment power.
Federal Executive Powers:
Removal
Unless limited by statute, President can fire exec officer.
Congress may limit if independence from President desirable AND may only limit removal with good cause.
Impeachment
Removed for treason, bribery, and high crimes & misdemeanors.
Requires majority house vote and conviction in Senate by 2/3.
Supremacy Clause:
Constitution and laws/treaties made pursuant to it are supreme.
Express or Implied (either Fed/State law mutually exclusive; State law impedes on Fed objective; or Congress evidences clear intent to preempt).
Tax: can’t pay state tax out of Fed treasury, but can tax private store on Fed land.
Dormant Commerce Clause
State or local law is unconstitutional if it places excessive burden on interstate commerce.
Privileges and Immunities Clause of Art IV
State may not deny citizens of other states of the privileges and immunities it accords its own citizens.
Limit – corps and aliens can’t sue under P&I.
Individual Liberties:
State Action
Required before Constitutional provisions applied to private entities.
Occurs if excessive state financial entanglement or where entity performs public function.
Entanglement = gov’t authorizes, encourages, or facilitates activity.
Levels of Scrutiny:
Rational Basis
Rationally related to legitimate gov’t interest.
Levels of Scrutiny:
Intermediate Scrutiny
Law must be substantially related to an important gov’t interest.
Must be narrowly tailored to achieve objective.
