Constitutional Law Flashcards
4 reqs for P to have standing:
- Injury
- Causation and redressability
- No third party standing
- No generalized grievances (suing as a citizen/taxpayer)
No third party standing, with 3 exceptions:
- Close relationship b/w P and injured third party, P can be trusted to adequately represent the interests of the third party
- third-party tanding allowed if the injured third party is unlikely to assert their own rights
- org may sue for its own members, if members would have standing and interests are germane to org’s purpose
Ripeness definition:
whether a fed ct may grant pre enforcement review of a statute or regulation
Mootness definition:
If events after the filing of a lawsuit end P’s injury, the case must be dismissed as moot b/c P must present a live controversy (though non-frivolous $ damages will keep the case alive)
Political question doctrine:
Refers to constitutional violations that fed cts will not adjudicate
- Challenges to prez’s foreign policy
- Challenges to partisan gerrymandering
- Challenges to impeachment and removal process
Virtually all cases come to SCOTUS by
writ of cert
Final judgment review definition
Generally, SCOTUS may hear cases only after there’s been final judgment of highest state court, or CoA.
For SCOTUS to review state ct decision, there must not be _______________ of decision
independent state law ground
Fed cts and state cts may not hear suits against state govs. Three exceptions:
- State may expressly consent to be sued
- States may be sued pursuant to fed laws under §5 of 14A
- Bankruptcy proceedings
Suits against state officers are fine, with one exception:
If it is the state treasury that will be paying the damages
Definition of abstention:
Fed cts may not enjoin pending state ct proceedings
Congress has police power in: (MILD)
Military
Indian reservations
Lands (federal lands)
District of Columbia
Def. of taxing/spending power:
Congress may tax and spend for the general welfare
Def. of commerce power:
Congress can regulate commerce w/ foreign nations and among the states
Congress can act under Commerce clause in 3 situations:
- Channels of interstate commerce
- Instrumentalities of interstate commerce and persons/things in interstate commerce
- Economic activities that have a substantial effect on interstate commerce (for non-econ activity, can’t aggregate the effect)
Congress can’t compel state regulatory or legislative action. But it can induce state gov action by…
putting strings on grants, so long as conditions are expressly stated and relate to the purpose of the spending program
Can Congress delegate its legislative power?
Yes, w/ no limits
If a state law conflicts with a treaty,
state law is invalid
If federal statute conflicts with a treaty,
the one adopted last in time controls
If a treaty conflicts w/ Constitution,
treaty is invalid
What happens when executive agreement is in conflict w/ state law/fed law/Constitution?
Prevails over state law, but never over fed law or the Constitution
Def. of appointment power
Prez appoints ambassadors, fed judges, and officers of US, but Senate must approve the nom
Congress may vest appointment of inferior officers in the prez or heads of depts.
Def. of removal power
Unless removal is limited by statute, prez may fire any exec. branch official
When may Congress, by statute, limit prez’s removal power? (2 reqs)
- Must be an office where independence from prez is desirable, and
- Congress cannot prohibit removal, only limit removal to where there is good cause shown
All fed judges and officers of US can be impeached and removed. Requires:
Impeachment requires majority of House, 2/3 conviction in the Senate
While in office, prez has absolute immunity to
civil suits for $ damages (but not for actions that occurred prior to taking office)
Prez has power to pardon anyone accused or convicted of:
federal (not state) crimes
Definition of express preemption:
when Congress has authority to act, it can state that its power is exclusive in a field; if a fed statute says that a fed law is exclusive in a field, then state and local laws are preempted
Even if fed statute is silent about preemption, implied preemption can be found in 3 ways:
- If not possible for someone to simultaneously comply w/ fed and state, then state is preempted
- If state impedes achievement of fed, then state is preempted
- If Congress evidences clear intent to preempt state law, state laws are preempted (e.g. immigration)
Dormant commerce clause definition:
State/local laws are uncon if they place an undue burden on interstate commerce unless it’s necessary to achieve imp. gov. purpose
Privileges and immunities clause of Article IV:
no state may deny citizens of other states the privileges/immunities it affords its own citizens w/o substantial justification (i.e. can’t discriminate against out-of-staters)
If state law burdens interstate commerce, it violates the dormant commerce clause unless
it is necessary to achieve imp. gov. purpose and gov must show that no less discriminatory alternative can achieve its goal
2 exceptions where laws that otherwise violate dormant commerce clause will be upheld:
- Congress approves it
2. market participant exception: state gov may prefers its own citizens in receiving benefits from gov programs
State may only tax activities if there is a
substantial nexus b/w product or activity to be taxed and the state
Cts in one state must give full faith and credit (enforce judgments of courts in another state), so long as:
- court had personal and subject matter jx
- judgment was on merits
- judgment was final
Pursuant to 13A, Congress can prohibit
private race discrim. and has broad power to adopt laws to enforce this provision
Congress cannot use §5 of 14A to regulate:
private behavior. Only to regulate state and local gov
Def of rational basis test:
A law is upheld if it is rationally related to a legit gov purpose. Challenger has the burden of proof to show either that there’s no conceivable legit purpose or that the law is not rationally related to it
Def. of intermediate scrutiny:
a law will be upheld if it is substantially related to important gov purpose. Under this test, gov has the burden of proof
Def. of strict scrutiny:
law will be upheld if law is necessary to achieve a compelling gov purpose. Gov has the burden of proof
Procedural due process: any taking comes down to TWO questions:
- Has there been a deprivation of life, liberty, or property?
- If so, what procedures are required?
