Federal Judicial and Congressional Powers

Question 1

Standing

Answer 1

-Issue of whether P is the proper party to bring a matter to the court for adjudication -Must show: (1) injury, (2) causation, and (3) redressability

Injury: must directly and personally suffer or, if seeking injunctive/declaratory relief, must show a likelihood of future harm Causation: must be a causal connection between the injury and the conduct complained of Redressability: A decision in litigant’s favor must be capable of eliminating her grievance

Question 2

Third Party Standing

Answer 2

P cannot assert claims of third parties who are not before the court. Exceptions: -Close relationship between P and injured third party -If injured third party is unlikely to be able to assert his or her own rights -Organization may sue for 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 relief requires participation of individual members

Question 3

Generalized Grievances

Answer 3

No standing for generalized grievances. P must not be suing solely as a citizen or as a taxpayer interested in having the government following the law.

MBE: if you see “suing as a taxpayer” or “citizen”, likely no standing Exception: taxpayers have standing to challenge gvt expenditures pursuant to federal or state statutes as violating the Establishment Clause

Question 4

Ripeness

Answer 4

P is not entitled to review of a statute or regulation before its enforcement (i.e. cannot obtain declaratory judgment) unless the P will suffer some harm or immediate threat of harm

Question 5

Mootness

Answer 5

-real controversy must exist at all stages of review. If matter is resolved, case will be dismised as moot Exception: controversies capable of repetition, but evading review (e.g. abortion) Exception: voluntary cessation –> if D voluntarily halts the offending conduct, but is free to resume it at any time, the case will not be dismissed as moot Exception: Class action suits so long as ONE member can still show an ongoing injury

Question 6

Political Question Doctrine

Answer 6

-Constitutional violations that federal courts will not adjudicate -The “republican form of government clause”: always dismissed; guarantee clauses -Challenges to the President’s conduct of foreign policy -Challenges to Congressional procedures for ratifying constitutional amendments -Challenges to partisan gerrymandering (partisan legislative apportionment)

Question 7

Writ of Ceriorari

Answer 7

Most often way for cases to come to Supreme Court -Includes ALL cases from US court of Appeals to SCOTUS and ALL cases from state courts where the constitutionality of a federal statute is at issue or where a state statute allegedly violates federal law -SCOTUS has DISCRETION to hear cases that come to it by certiorari

Question 8

SCOTUS Original Jurisdiction

Answer 8

All cases affecting -ambassadors -public ministers and counsels -Cases in which a State is a party

Question 9

SCOTUS Appellate Jurisdiction

Answer 9

-Writ of Cert -Rarely, decisions of three-judge federal district courts (mandatory review by SCOTUS)

Question 10

Eleventh Amendment & Sovereign Immunity

Answer 10

-11th Amendment bars federal courts from hearing a private party or foreign government’s claims against a STATE government -Sovereign Immunity bars suits against states in state courts or federal agencies -Exceptions (1) EXPLICIT consent and waiver (2) States may be sued pursuant to federal laws adopted under section 5 of the 14th Amendment (3) Federal government may sue state governments (4) Bankruptcy Proceedings NOTE: suits against state officers are still allowed. May ALWAYS be sued for injunctive relief. May be sued for money damages to be paid out of their own packets. But may NOT be sued if it is the state treasury that will be paying retroactive damages (prospective is fine)

Question 11

Abstention

Answer 11

Federal courts MAY NOT enjoin pending state court proceedings.

Will further invoke absetnetion when case is based on an unsettled question of state law.

Question 12

Legislative Powers

Answer 12

Congress has the following powers: (1) Enumerated and implied powers (e.g. taxing, spending, commerce) (2) Delegation of Legislative Powers (3) Speech & Debate Clause–Immunity from Federal Legislators

Question 13

No Federal Police Power

Answer 13

Congress has no general police power. Exceptions: military, Indian Reservations, DC, federal lands, military bases

Question 14

Necessary & Proper Clause

Answer 14

Congress has power to make all laws necessary and proper for executing any power granted to any branch of the federal government. -MBE: not an answer on its own. Must be linked to another federal power

Question 15

Taxing power

Answer 15

Congress has plenary power to tax for the general welfare and most taxes will be upheld so long as they bear some REASONABLE RELATIONSHIP to revenue production or if Congress has the power to regulate the activity taxed Labels dont matter.

Question 16

Spending Clause

Answer 16

Congress may spend to “provide for the common defense and general welfare.” can be for any public purpose and fairly broad

Question 17

General Welfare Clause

Answer 17

Congress can tax and Spend for the general welfare. HOWEVER CANNOT LEGISLATE FOR GENERAL WELFARE

Question 18

Commerce Power

Answer 18

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 substantial effect on interstate commerce -Only power to regulate existing ACTIVITY. NO power to regulate inactivity (compel activity)

Question 19

Regulation of Intrastate Activity

Answer 19

Congress may attempt to regulate intrastate activity under substantial effects test if the activity is economic or commercial and if it has a rational basis that, in the aggregate, the activity substantially affects interstate commerce If noneconomic intrastate activity (guns in school zones), cannot use cumulative/aggregate impact analysis and regulation will be upheld only if Congress can show a direct substantial economic effect on interstate commerce, which it generally cannot do

Question 20

War and Related Powers

Answer 20

Congress has power to declare war, raise and support armies, and provide for and maintain a navy Includes authorization to make rules to regulate the armed forces

Question 21

Investigatory Power

Answer 21

Implied power of Congress to investigate

Question 22

Property Power

Answer 22

Congress has power to dispose of and make rules for territories and other properties of the United States NOTE: no limitation on Congress’ power to dispose of property. BUT, federal takings must be for the purpose of effectuating an enumerated power

Question 23

Bankruptcy Power

Answer 23

May establish uniform rules for bankruptcy, but nonexclusive. states can legislate in this field so long as it does not conflict

Question 24

Postal Power

Answer 24

Exclusive. Classify and place reasonable restrictions on use of the mails. CANNOT deprive citizens of the general mail “privilege” however

Question 25

Power over Citizenship

Answer 25

Congress may establish rules of naturalization. Plenary Power over aliens NOTE: resident aliens are entitled to NOTICE AND A HEARING before being deported NOTE: though plenary, cannot take away citizenship of any citizen w/o his consent

Question 26

Admiralty Power

Answer 26

Pleanry

Question 27

Power to Coin Money and Fix Weights and Measures

Answer 27

Power to coin money and fix standards for weights and measures

Question 28

Patent/Copyright Power

Answer 28

Power to control the issuance of patents and copyrights

Question 29

Tenth Amendment Limit on Congressional Powers

Answer 29

10th Amendment: all powers not granted to the United States, nor prohibited to the states, are reserved to the states

COMANDEERING: Congress CANNOT compel state regulatory or legislative action. BUT, Congress can induce state government action by putting strings on grants. Must be EXPRESSLY STATED, RELATE to the purpose of the spending program, and not UNDULY COERCIVE (no commandeering or gun to the head)

Question 30

Congress’ Delegation of Powers

Answer 30

No limit on Congress’ ability to delegate legislative power to executive or judicial branch. Requires INTELLIGABLE STANDARDS and not a power uniquely confined in Congress.

Almost anything will pass. MBE: “excess of delegation power” is never a right answer

NOTE: Congress cannot delegate executive power to itself or its officers. Would violate separation of powers

Question 31

Legislative Vetos

Answer 31

Congress MAY NOT veto executive action without bicameralism or presentment “Legislative veto” is the attempt by Congress to overturn w/o the above things

Question 32

Bicameralism

Answer 32

Passage by both the House and SEnate

Question 33

Presentment

Answer 33

Giving the bill tot he President for his signature or veto. President must sign or veto the bill IN ITS ENTIRETY. Line vetos are unconstitutional

Question 34

Speech and Debate Clause

Answer 34

Conduct that occurs during regular course of federal legislative process are immune from prosecution NOTE: immunity does not extend to bribes, or republication in a press release of a defamatory statement made in Congress

Question 35

Commandeering

Answer 35

Implicates TENTH AMENDMENT (all power not reserved to the United states, nor prohibited by the states, is reserved for the states)

Comandeering: 10th amendment prohibits federal government from commandeering state officials to legislate or regulate their own citizens

EXCEPTION: spending clause exception, whereby you can condition grants so long teh grant is (1) expresslly stated; (2) related to the purpose of the spending program; and (3) not unduly coercive