Constitutional law

Question 1

What is the effect of the 11th amendment?

Answer 1

The 11th amendment prohibits a federal court from hearing a private party’s or foreign government’s claims against a state government.

Question 2

What is effect of the 11th amendment?

Answer 2

The Eleventh Amendment prohibits a party from suing a state or a state agency in federal court

Question 3

What are the exceptions to the 11th amendment:

Answer 3

1. the state explicitly consents to waive its Eleventh Amendment protections;
2. the suit pertains to federal laws adopted under Section 5 of the Fourteenth Amendment –i.e. congress has clearly granted federal courts the authority to hear a specific type of damage action under the 14th amendment (e.g. under a civil rights statute);
3. the suit seeks only injunctive relief against a state official for conduct that violates the Constitution or federal law; OR
4. the suit seeks money damages from a state official’s own pocket.

Question 4

What doesn’t the 11th amendment apply to?

Answer 4

1. Local governments
2. State v State actions
3. Federal Gov v State actions

Question 5

What is required for standing?

Answer 5

Standing exists where the plaintiff: 1) personally suffered an injury in fact

2) the injury was caused by the defendant (a reasonable connection); and
3) the injury is redressable by a court order.

For injunctive relief the plaintiff must show a concrete, imminent threat of future injury, that is neither conjectural nor speculative.

Question 6

What is third-party standing permitted?

Answer 6

Generally, third-party standing is NOT
permitted. However, an exception is made when: (a)
there is a close relationship between the plaintiff
and the third-party (i.e. doctor/patient); (b) it would
be difficult or unlikely for the third-party to assert
their rights on their own; OR (c) the third-party is an
organization (see separate card).

Question 7

When does an organization have standing?

Answer 7

An organization has standing to sue on behalf of its
members if: (a) the suit is related to an issue that
is germane to the organization’s purpose; (b) the
organization’s members would have standing to
sue (injury in fact to the members); AND (c) the
members’ participation is not necessary.

Question 8

Article III of the constitution limits the federal courts to deciding _______

Answer 8

Actual cases or controversies

Question 9

When is a case ripe for review?

Answer 9

A case is ripe for review by a court when there is actual harm or an immediate threat of harm to the plaintiff. This will not be met when the issue relies on uncertain or contingent future events that may not occur as anticipated, unless: 1) the future events have an immediate impact; or 2) the parties have to risk substantial hardship to provoke enforcement (eg, buy a house).

Question 10

What is mootness and when doesn’t it bar a dispute?

Answer 10

refers to instances when the dispute has ended or

1. was resolved before review. However, a court may hear a case that has ended or was resolved when:
2. the wrong alleged is capable of being repeated and escaping review;
3. the defendant voluntarily stops an offending practice, but can resume it at any time; OR (c) in a class action,
4. where at least one member of the class has an ongoing injury.

Question 11

What is the Commerce Clause?

Answer 11

The Commerce Clause of the Constitution grants Congress the authority to regulate commerce between the States (interstate commerce), the USA and foreign nations, and Indian tribes.

Question 12

What may Congress regulate pursuant to the commerce clause?

Answer 12

Congress may regulate:

1. the channels of interstate commerce (i.e. highways and phone lines);
2. the people and instrumentalities that work and travel in interstate commerce (i.e. cars, airplanes, airplane pilots, flight attendants); AND
3. economic or commercial activities that have a substantial effect on interstate commerce – Fed regulations of intrastate activities will be upheld if (1) there is a rational basis (2) to conclude that the cumulative national impact of the activities (aggregation), (3) have a substantial effect on interstate commerce. (But note that aggregation cannot be used when the activities regulated are not commercial in nature, e.g. guns near schools)

Question 13

What is the spending power?

Answer 13

Congress has the power to spend for the common defense and general welfare of the United States. –> interpreted broadly and allows Congress to attach conditions on States receiving federal funds upon compliance with federal statutory and administrative directives (essentially allowing Congress to regulate areas even when it wouldn’t otherwise have the power to do so).

Question 14

What restrictions are placed on the spending power (including when attaching conditions to federal grants)?

Answer 14

(1) the spending must be for
the general welfare – but courts should defer substantially to the judgment of Congress;

(2) the condition must be imposed
* unambiguously*, enabling the States to exercise their choice knowingly;

(3) the condition must be related to the federal
interestin particular national projects or programs; (4) the condition cannotinduce activities that would be unconstitutional for the States to engage in themselves; AND

(5) the condition cannot be so coercive as to turn
pressure into compulsion – compulsion is when States have no real option but to acquiesce.

Question 15

What does the 10th amendment provide?

Answer 15

That all powers NOT granted to the federal governemtn are reserved to the States (unless such powers are expressly prohibited by the constitution)/

Congress cannot compel state governments to implement legislation or assist in enforcement of federal statutes, BUT congress may induce state action by attaching conditions to federal grants pursuant to its spending powers.