Fed, Judicial, Exec powers and Federalism Flashcards
Cases in Fed Ct and State Ct: 11Amd Sovereign Immunity
1) CANNOT hear cases P v State in Fed Ct or State Ct
Exception:
- State waives immunity
- Fed law permits State to be sued under Sec5 of 14thAmd (NO other provision allows it)
- Fed Gov may sue State Gov (e.g. US v AZ)
- BK Proceedings
2) Cases v State Officers allowed
- Injunctive relief
- Money damages ONLY to be paid directly by Officer, NOT by the State Treasury funds
3) Abstention: Fed Ct MUST abstain from enjoining pending State Ct proceedings
Congress’s Authority
- In order to act, Congress’s authority MUST come from:
1) Congress’s power in MILD (military, indian reserves, Land in Fed, Dist of Columbia)
2) Necessary and Proper Clause: Congress may choose ANY means to enforce its authority
3) Taxing/Spending: may Tax to increase revenue uniformly among the states, Spend for general welfare
4) Commerce Power: rational basis to regulate channels, instrumentalities and persons or things, AND economic activities that have substantial effect in interstate commerce
Exception:
- Non-econ activity: factual finding that there is a substantial economic effect in intersetate commerce (NOT in aggregate)
- CANNOT regulate inactivity
5) 10thAmd LIMITS Congressional power: ALL powers not granted to US, nor prohibited, are reserved by State or People
- FedGov cannot compel State regulatory or legislative action (commandeering)
- FedGov CAN INDUCE State action by putting strings on grants ONLY if conditions are a) clearly stated AND b) related to purpose of spending program AND c) not unduly coercive.
- FedGov CAN prohibit harmful State commercial activity
6) Sec5 of 14thAmd LIMITS Congress: CANNOT create new rights OR expand scope of current rights. Congress can ONLY prevent or remedy violations of rights
State taxation and Interstate Commerce
- State may NOT use State tax system to help in-state business (e.g. tax credits to instaters and not OOS)
- State may tax activity if there is nexus to the State (e.g. cannot tax NY Inc bus in CA)
Full Faith and Credit
Cts in one State MUST give FFC to judgment in courts in another state ONLY if
- Ct that rendered the Judgment had PJx and SMJ
AND - J was FINAL on the mertis
Contracts Clause AI Sec10 ??
Apply to States ONLY: No State shall interfere EXISTING obligations of K (formed K)
If Law substantially interferes w/existing K, interference must meet Intermediate Scrutiny (mixed w/rational basis):
Law must be reasonably and narrowly tailored (substantially related) to promote an important and legitimate public interest
- Apply ONLY to State interference w/private K
- Strict scrutiny if State interference w/Gov K
?? - Civ cases: if K is lawful and an ex post facto law imposes civ liab must ONLY meet rational basis
Requirements for Cases and Controversies
ALL elements MUST be met before FedCt or SCOTUS can hear “cases and controversies”
1) Standing: party must show it has personal stake in outcome thus must show:
a) Injury in fact: PERSONALIZED concrete injury suffered (Injunct relief/dec J: MUST show likelihood of future harm)
Exception: Associational Standing (individual is injured thus has standing + interest germain to Assoc + participation of individual not required for relief or nature of the claim)
b) Causation: Traceable to D’s action
c) Redressability: Ct’s decision is likely to remedy injury (NO advisory opinions)
d) No Generalized greivances (suing as Citz or taxpayer)
Exception: Gov uses expenditures that violate Establishment Clause
2) Ripeness: Direct harm will be suffered w/o preenforcement review, and fitness of the issue (e.g. Political Q vs fundamental right) OR immediate threat of harm
3) Mootness: Case no longer presents a live case or controversey after case is filed.
Exception:
- Harm capable of repetition but evading review
- Voluntary cessation of action by D but free to resume action
- Class action: Rep is redressed but ONE member not
4) Political Q: Fed Ct MUST dismiss and cannot hear challenges to:
- Republican form of government
- POTUS’s conduct of foreign policy
- Impeachment and removal process
- Partisan gerrymandering
Delegation of Powers
- NO LIMITS on Congress to delegate its legislative power
- MBE: ALWAYS wrong “law is unconst because it violates delegation power”
- Congress CANNOT delegate Exec powers to itself or its officers
Federalism (preemption): AVI
Limits on State/Local police powers: health, safety, welfare or morals
1) AVI: US Cons, and fed laws and treaties made pursuant to US Const, are supreme law of the land
- Express preemption: Fed law explicitly preempts State
- Implied (Fed law is silent):
a) Conflict preemption (Direct Conflict): FedLaw vs StateLaw on same issue (mutually exclusive) = Fed law preempts
b) Objective preemption (Conflict w/Objective): StateLaw impeads FedObjective = Fed law preempts
c) Field preemption: Congress evidences CLEAR INTENT to preempt State Law (e.g. Imm laws, drug laws) - Inter-Governmental Immunity: States MAY NOT tax or regulate Fed Gov activity
Executive Power: Removal Power (Domestic Affairs)
- Unless limited by statute, POTUS may remove ANY exec branch O
- Congress may ONLY limit POTUS’s removal power if O’s independence from POTUS is desired
Congress CANNOT prohibit POTUS’s removal power - Impeachment and removal of ANY Pres, VP, FedJ, and Os is allowed by:
1) HoR impeach, AND
2) Senate convicts - POTUS Absolute Immunity to Civ suits for damages for actions while in office
Exception: NOT for actions prior taking office - POTUS Privilege for papers/communications UNLESS important Gov interest requires disclosure
- POTUS power to pardon: ONLY for Fed Crimes and ONLY crim liab not civ liab
Federalism (DCC)
Limits on State/Local police powers: health, safety, welfare or morals
1) DCC: Negative implication of the commerce clause
Analysis: Congress acts (CC) vs State acts (DCC) on econ activities
- State law MUST be non-discriminatory + no undue burden (balance State interest:health, safety, welfare or morals -vs- burden on interstate commerce)
- Corps and aliens can sue because DCC violation is NOT based on citizenship
Exceptions:
- Congress approves discrim vs OOS (Congress is acting under CC)
- Market participant: State gives preference to its Citz in receiving benefits from State (e.g. CAUniv gives lower tuition to CA Citz and higher to OOS)
- NOT market participant: State law that prefers its Citz and discrim OOS (law violates DCC)
2) PandI (AIV: ANTI-DISCRIMINATION of out-of-staters): NO state may discriminate against OOS Citz of the PandI the State accords to its own Citz involving important commercial activities
- State discrim vs OOS + re:important econ activity (ability to earn livelihood) apply ONLY AIV PandI
a) Law discrim vs OOS based on State citz
b) Discrimination: fundamental OR important econ activities (ability to earn a livelihood)
c) Test: Discrim MUST be Necessary to achieve an Important Gov interest purpose and NO less restrictive alternative available
d) Corps and aliens CANNOT use PandI (but may use DCC)
3) PorI (14thAmd): ONLY protects person’s Right to Travel against Discrim by State (ALWAYS the wrong answer unless right to travel involved)
- If Corp or alien: NO PandI buy maybe DCC
- If Citz: PandI or DCC
Executive Power: Appointment Power (Domestic Affairs)
Appointment Power:
1) POTUS can appoint ambassadors, FedJs, and Officers of US
2) Congress MAY vest appointment power for inferior O’s in POTUS, Heads of Depts, or lower Fed Cts
- O vs inferior O’s: look which O can be fired by which O
3) Congress CANNOT give itself appointment power
4) POTUS CANNOT make recess appointments if intrasession recess is less than 10days
Executive Power in Foreign Policy
Treaties: agreement between US and foreign negotiated by POTUS
- Effective ONLY when ratified by Senate (POTUS may void after ratification)
Hierarchy:
FedLaw vs Treaty = Last in time
FedLaw > ExecK
Treaty and ExecK > State Law
Recognition power: POTUS exclusive right to recognize capitol of foreign. Unconst for Congress to do so
Commander-in-Chief: POTUS has broad power and may use military in ANY way even if ridiculous
Taxpayer Standing
Taxpayers lack standing to challenge federal appropriations. Exception: expenditures violating the Establishment Clause
Cases in SCOTUS
1) From State Ct by writ of certiorari (discretionary) AND no independent and adequate state law ground for the decision
- If decision rests on State law and Fed law, SCOTUS will not hear if reversing Fed law will not change result
2) From US Ct of App by writ of certiorari (discretionary)
3) Appeal from 3-Judge Fed Dist Ct (mandated to be heard)
4) SCOTUS original and exclusive Jx over cases State v State
- Judgment MUST be final in ALL four types (no interlocutory review by SCOTUS)
Takings Clause
5thAmd: private property shall not be taken for public use, without just compensation
1) There must be a taking
- Possessory: Gov confiscates or occupies
- Regulatory (owner bring inverse condemnation action): a) Reg deprives ALL econ value, or b) Gov regulation leaves no REASONABLE economically viable use (substantial reduction in value up to 99% NOT taking) + Investment-backed expectation AT TIME of purchase
- Development conditions: MUST be roughly proportionate to burden imposed, otherwise a taking
- Owner may challenge as takings even if Gov reg existed at time of acquiring prop
- Temp denial of use of prop NOT taking (e.g. for environmental study)
2) For Public Use: as long as Gov acts out of REASONABLE belief that taking will benefit public even if given to priv party is allowed. If not Gov must return
3) Just Compensation:
Gain by Gov is irrelevant, measured by FMV to owner
