Constitutional Law Flashcards
What is the 11th Amendment limit on judicial power?
You cannot sue a state for MONEY DAMAGES unless:
1) the state CONSENTS or
2) the US Congress EXPRESSLY says so to enforce the FOURTEENTH AMENDMENT
Does the 11th Amendment apply to local governments?
Does in apply in state and federal court?
NO, does not apply to local governments
YES, applies in both state and federal courts
How can Congress override the 11th Amendment?
In order to enforce the 14th Amendment, must EXPRESSLY say so
any lack of clarity will PRECLUDE damages
Can you sue a state officer under the 11A?
YES, for injunctive relief always
for money damages from officer PERSONALLY
Can Congress change the jurisdiction of the Supreme Court?
yes as to appellate jx, no as to original jx
When can the Supreme Court review a state court judgment?
Only if it turned on FEDERAL GROUNDS.
no jx if the judgment below rested on ADEQUATE AND INDEPENDENT STATE GROUNDS (AISG)
What does it mean for a judgment below to rest on AISG?
adequate: federal claimant WINS ANYWAY under state law (e.g., if constitution doesn’t matter because state constitution gives him more rights)
independent: state law does not depend on interpretation of federal law
Can SCOTUS consider an issue if state court was UNCLEAR on basis of decision (i.e., whether it was ruling on state or federal law)?
YES
What happens after SCOTUS rules on a state court’s decision of federal law?
If SCOTUS agrees with state court’s decision of federal law: AFFIRMS
if disagrees: REMANDS to state court so it can reconsider state law
What is constitutionally required in order to have standing?
injury
causation
redressability
What is NOT injury, for standing purposes?
mere ideological objection
everything else is injury, basically
When does an organization have standing?
when its MEMBERS have standing
When is the ONLY time a taxpayer suit is permissible?
an ESTABLISHMENT CLAUSE challenge to SPECIFIC congressional appropriations can be raised by ANY TAXPAYER.
never otherwise
Do legislators have standing to challenge laws they’re against?
NO, but sometimes LEGISLATURES have standing if claim is re: ITS INSTITUTIONAL FUNCTION
When is third-party standing available? e.g.s?
ONLY when parties to an EXCHANGE OR TRANSACTION raise the rights of OTHER PARTIES to that exchange or transaction
e.g., abortion doctors on behalf of women; saloon keepers on behalf of male customers buying beer
When is a case timely?
when it is RIPE and NOT MOOT
what does it mean for a case to be ripe?
you can show ACTUAL HARM or an IMMEDIATE THREAT of harm
What is the exception to the requirement that courts cannot hear moot cases?
controversies CAPABLE OF REPETITION, YET EVADING REVIEW are not moot, despite appearing moot
look for an INTERNAL TIME LIMIT (like pregnancies with abortion cases)
When can federal courts rule on constitutionality of PROPOSED LEGISLATION?
NEVER!!! that would be an advisory opinion
When is something a political question and thus non-justiciable?
when INAPPROPRIATE for judicial resolution, often because:
1) committed to ANOTHER BRANCH of government for decision (IMPEACHMENT); OR
2) NO MANAGEABLE STANDARDS for adjudication (political gerrymandering)
What are the three big WRONG ANSWERS when asked what the strongest argument in favor of a congressional power for passing particular legislation?
NEVER PICK THESE THREE:
1) PROMOTING GENERAL WELFARE: not a power of congress
2) general POLICING POWER: nonexistent for federal government
3) NECESSARY AND PROPER: not ALONE, must be WITH ANOTHER POWER
What are the three main congressional powers? What’s the trick to deciding which is being used?
Taxing, spending, and commerce
1) pick TAXING when law involves a TAX
2) pick SPENDING power whenever federal MONEY IS SPENT OR DISBURSED
3) if no tax and no spending, COMMERCE
When can congress regulate intrastate commerce?
when it has a SUBSTANTIAL EFFECT on INTERSTATE COMMERCE
How should a court determine substantial effect when ruling on a question of regulating interstate commerce?
How will court rule on: growing too much wheat? banning medical weed no guns in schools? VAWA? ACA?
judged in AGGREGATE
for economic or commercial activity, substantial effect is PRESUMED
for non-economic, non-commercial activity, must ACTUALLY DEMONSTRATE substantial effect on interstate commerce
ban on growing too much wheat? CONSTITUTIONAL banning medical weed? CONSTITUTIONAL no guns in schools? UNCONSTITUTIONAL VAWA? UNCONSTITUTIONAL ACA? UNCONSTITUTIONAL
