Constitutional Law - Federal Power and Federalism Flashcards
The four components of standing are
(1) injury
(2) Causation and redressability
(3) Third party standing
(4) No generalized grievances
The injury component of standing requires that
(1) plaintiffs only assert injuries they have personally suffered
(2) plaintiffs seeking injunctive or declaratory relief must show a likelihood of future harm
The causation and redressability component of standing requires that
the plaintiff allege and prove that the defendant CAUSED the injury so that a favorable court decision is likely to REMEDY the injury
Under third party standing doctrine, there is generally no
third party standing.
The three exceptions to third party standing are
(1) close relationship between P and the injured party (doctor-patient)
(2) the injured third party is unlikely to be able to assert his or her own rights
(3) an organization may sue for its members in some circumstances
An organization has standing to sue on behalf of its members if
(1) the members would have standing to sue
(2) the interests are germane to the organization’s purpose
(3) neither the claim nor the relief requires participation of individual members
Under the “no generalized grievances” rule, a plaintiff
cannot sue sole as a “citizen” or “taxpayer” interested in having the government follow the law.
The exception to the “no generalized grievances” rule for standing is that
taxpayers have standing to challenge government expenditures pursuant to federal (or state and local) statutes as violating the Establishment Clause
The four components of the “case or controversy” requirement are
(1) standing
(2) ripeness
(3) mootness
(4) political question doctrine
Ripeness arises when P asks
a federal court to grant PRE-enforcement review of a statute or regulation.
Ripeness is analyzed by balancing
(1) the hardship that P will suffer without pre-enforcement review
(2) the fitness of the issues and the record for judicial review
A case must be dismissed as “moot” if
events after the filing of a lawsuit end the plaintiff’s injury.
The three exceptions to the mootness component are
(1) wrong capable of repetition but avoiding review
(2) voluntary cessation: D halts the offending conduct but is free to resume it at any time
(3) class action suits
The four “political questions” that courts will not adjudicate are cases involving
(1) the “republic form of government clause”
(2) challenges to the President’s conduct of foreign policy
(3) challenges to the impeachment and removal process
(4) challenges to partisan gerrymandering
The four ways that cases get to SCOTUS are
(1) writ from final judgment by state supreme court
(2) writ from an appeal from US CoA
(3) appeal from decisions by three-judge federal district court panels
(4) original jurisdiction for suits between state governments
Under the “independent state grounds” rule, if
a state court decision rests on two grounds, one state law and one federal law, and SCOTUS’ reversal of the federal law ground will not change the result, SCOTUS cannot hear the case.
The principle of sovereign immunity bars
(1) suits against states in federal court (11th amendment)
(2) suits against states in state courts or federal agencies
The four exceptions to sovereign immunity are
(1) waiver
(2) states can be sued pursuant to federal laws adopted under Section 5 of the 14th Amendment
(3) federal government may sue state governments
(4) bankruptcy proceedings
The rules regarding suits against state officers are that
(1) state officers may be sued for injunctive relief
(1) states officers may be sued for money damages to be paid out of their own pockets
State officers may not be sued if
the state treasury will be paying retroactive damages.
Under abstention,
federal courts may not enjoin pending state court proceedings except in cases of proven harassment or prosecutions taken in bad faith.
The six sources of Congressional power are
(1) Express or implied power
(2) Necessary and proper clause
(3) taxing/spending power
(4) commerce power
(5) Section 5 of the 14th amendment
(2) Badges of slavery under the 13th amendment
Under express/implied powers, Congress can legislate for
MILD - [M]ilitary bases, [I]ndian reservations, Federal [L]ands and territories, Washington [D].C.
Under the taxing/spending power, Congress may
tax and spend for the general welfare.
Congress can induce state action by putting conditions on spending if
(1) the conditions are expressly stated
(2) the conditions relate to the purpose of the spending program
(3) the conditions are not unduly coercive
Under the Commerce Power, Congress may regulate
(1) the channels of interstate commerce
(2) the instrumentalities of interstate commerce and persons or things in interstate commerce
(3) economic activities that have a substance effect on interstate commerce**
**The effect can be based on aggregate impact for economic activities, but non-economic activities can not be aggregated.
Under Section 5 of the 14th amendment, Congress may
act to prevent or remedy violations of rights recognized by the courts** and such laws must be “proportionate” and “congruent” to remedying the constitutional violation.
**Congress cannot create new rights or expand the scope of existing rights.
The 10th Amendment
EDIT THIS
Legislative vetos and line-item vetos are
unconstitutional.
Congressional action requires
bicameralism and presentment.
Congress may not delegate ______ power to itself or its officers
executive.
Congress has some foreign affairs authority to pass _____ legislation
economic
Non-self-executing treaties are effective when
ratified by the Senate.
Treaty vs. conflicting state law
treaties prevail
Treaty vs conflicting federal statute
the one adopted last in time controls
Treaty vs. Constitution
Constitution prevails
Executive agreement vs. conflicting state law
Executive agreement prevails
Executive agreement vs. conflicting federal law
federal law wins
Executive agreement vs. Constitution
Constitution wins
The President has broad powers as Command-in-Chief to
use American troops in foreign countries
Under the appointment power, the President appoints
(1) ambassadors
(2) federal judges
(3) officers of the U.S.
Congress may also vest in the President the appointment of
(1) inferior officers
(2) heads of departments
(3) lower federal courts
Congress (may/may not) give itself or its officers the appointment power.
may not
The President may not make recess appointments for
intrasession recesses that are less than 10 days.
For Congress to limit the President’s removal power, it must be
(1) an office where independence from the President is desirable; and
(2) Congress cannot prohibit removal entirely, but can require “good cause”
Impeachment requires
(1) majority vote of the House
(2) Conviction requires 2/3 vote of the Senate
Presidential immunity extends to ______, but not to ______.
civil suits for money damages for actions while in office; actions that occurred prior to taking office.
Presidential executive privilege extends to
presidential papers and conversations, but such privilege must yield to other important government interests
The President has the power to pardon those accused or convicted of
FEDERAL crimes (not state!)
Preemption based on the Supremacy Clause of Article IV can be based on
(1) express
(2) implied
The three types of implied preemption are
(1) the federal and state laws are mutually exclusive and cannot be simultaneously satisfied (conflict preemption)
(2) the state law impedes the achievement of a federal objective
(3) Congress evidences a clear intent to preempt state law (usually through “field preemption”)
Under inter-governmental immunity, states
may not tax or regulate federal government activity.
The Dormant Commerce Clause is also known as the
negative implications of the Commerce Clause
The three limits on a state’s ability to interfere with interstate commerce are the
(1) Dormant Commerce Clause
(2) privileges and immunities clause of the Article IV
(3) privileges and immunities clause of 14th Amendment (right to interstate travel)
If a state law does NOT discriminate against out of staters, then
the privileges and immunities clause of Article IV does not apply.
If a state law NOT discriminate against out of staters but DOES burden interstate commerce then
it violates the Dormant Commerce Clause if its burden exceeds its benefits.
If a state law discriminates against out of staters and burdens interstate commerce then
it violates the Dormant Commerce Clause unless it is “necessary to achieve an important government purpose” (intermediate scrutiny-ish)
The two exceptions to Dormant Commerce Clause violations are
(1) Congressional approval
(2) state is a market participant
If a state law discriminates against out of staters w/r/t their right to earn a living,
it violates the privileges and immunities clause of Article IV unless it is necessary to achieve an important government purpose. There are NO exceptions.
Corporations and aliens ______ use the privileges and immunities clause of Article IV.
cannot.
When taxing interstate commerce, states
(1) may not use their tax systems to help in-state business
(2) may only tax activities if there is a “substantial nexus” to the state
(3) must fairly apportion taxation of interstate business
Courts in one state must give Full Faith and Credit to judgments of courts in another state if
(1) the court that rendered the judgment had jurisdiction over the parties and subject matter
(2) the judgement was on the merits, and
(3) the judgment is final
