Federal Con Law

Question 1

Standing

Answer 1

In order to bring a constitutional claim, a plaintiff must have standing. The plaintiff bears the burden of establishing injury in fact, causation, and redressability. The injury must be concrete and particularized. Although the threat of future injury can suffice, it cannot be merely hypothetical or conjectural, but must be actual and imminent. When a future injury is alleged, damages cannot be obtained, but an injunction can be sought.

Question 2

Commerce and Dormant Commerce Clause

Answer 2

The Commerce Clause gives Congress the power to regulate interstate commerce, while the Dormant Commerce Clause prevents states from unfairly restricting it; generally, states can regulate if Congress hasn’t, so long as the state or local action does not (i) discriminate against out-of-state commerce, (ii) unduly burden interstate commerce, or (iii) regulate extraterritorial activity.