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
What is the only limit on the congressional taxing power?
tax need only be RATIONALLY RELATED to RAISING REVENUE
What can congress do when it is barred from directly regulating an activity based on the commerce clause?
SPENDING POWER BRIBES
What is the anti-commandeering rule?
Congress cannot FORCE states to adopt/enforce FEDERAL REGULATORY programs
What does the Thirteenth Amendment do generally?
What does it do in regard to discrimation?
Gives Congress broad power to legislate against RACIAL DISCRIMINATION, whether PUBLIC OR PRIVATE
What does the 14th Amendment do?
what doesn’t it do?
Gives Congress power to REMEDY violations of INDIVIDUAL RIGHTS by the government, but only as those rights HAVE BEEN DEFINED BY COURTS.
does NOT give congress ability to REDEFINE CONSTITUTIONAL RIGHTS
What does it mean for a law to be remedial under the 14th amendment?
must have CONGRUENCE and PROPORTIONALITY, i.e., must be a REASONABLE FIT between remedial law enacted by Congress and Constitutional right as defined by SCOTUS
Was RFRA a reasonable fit and constitutional under the 14A?
NO, as applied to states, because it REDEFINED 1A, so NOT REMEDIAL
but constitutional as applied to federal government
Which executive powers are exclusively executive and thus are not subject to statutory control?
Pardon power
veto power
appointment and removal of executive officers
When can Congress give executive power to an officer it can hire/fire?
NEVER!!!
What is required to ratify a treaty?
2/3rds vote of the senate
Do non-treaty executive agreements (e.g., Iran Deal) take precedence over conflicting state laws?
YES
Can a president refuse to spend money allocated by congress?
NO, if statute UNAMBIGUOUSLY REQUIRES certain funds to be spent on certain purposes
What is a legislative veto, and when is it allowed?
When Congress passes a law reserving to itself the right to disapprove future executive actions
UNCONSTITUTIONAL ALWAYS!
What is the speech or debate clause?
senators/congressmen/their aides cannot be PROSECUTED or PUNISHED in relation to OFFICIAL ACTS
official acts (votes, statements in hearings, etc) of federal legislator CANNOT BE INTRODUCED INTO EVIDENCE
When can and can’t the states tax the federal government?
CANNOT DIRECTLY TAX, but can indirectly tax
What does the comity clause (privileges and immunities of state citizenship clause) require?
state can not impose LEGAL REQUIREMENT of RESIDENCY for PRIVATE EMPLOYMENT
okay for public employment; okay for non-serious things like hunting licenses
