Federal Powers Flashcards
Standing
P must have a concrete stake in the outcome; msut show (1) personal injury in fact; (2) causation (prove D caused injury; (3) redressability (favorable court decision is likely to remedy the injury)
3P Standing
Not allowed unless there is (1) a close relationship between P and injured 3P, (2) 3P is unable to assert own rights, (3) injury suffered by P adversely affects his relationship with 3Ps, or (4) organization is suing for its members if the members would have standing, the interest is germane to the org’s purpose, and the claim doesnt require the participation of individual members
Generalized Grievance
P cannot sue solely as a citizen or taxpayer interested in having the gov follow the law, unless taxpayer is challenging an expenditure under Establishment Clause
Ripeness
Question of whether a federal court may grant pre-eforcement review of a statute or regulation; court will consider (1) fitness of the issues for judicial decision and (2) the hardship that will be suffered if suit is dismissed
Mootness
A federal court will not hear a case that has become moot; a real, live controversy must exist at all stages of review, not just when a complaint is field.
Capable of Repetition but Evading Review
Where there is a reasonable expectation that the same complaining party will be subjected to the same action again and would be unable to resolve the issue again because of the short duration of the action, the action will not be dismissed for mootness. Similarly, where D has voluntarily stopped but is free to resume it at any time, it will not be dismissed as moot
Political Question Doctrine
Court will not adjudicate things based on the republican form of government clause, challenges to President’s foreign policy, challenges to the impeachment and removal process, or challenges to partisan gerrymandering
Supreme Court Review
SCOTUS can hear only after there has been a final judgment of the highest state court, a USCOA, or of a three-judge federal district court panel; for suits between state government, SCOTUS has original jx
Adequate and Independent State Grounds
For SCOTUS to review a state court decision, there must not be an adequate and independent state law ground of deicion; if the state decision rests on two grounds, one state law and one federal law, and the decision on the federal ground wouldn’t change the result, SCOTUS can’t hear it
11A
Prohibits a federal court from hearing a private party’s or foreign government’s claims against a STATE government unless state has consented to allow the lawsuit in federal court, the P is another state or the US, or Cong has clearly granted federal courts the authority to hear a specific type of damage action under 14A
Sovereign Immunity
Prohibits suits against a state government in STATE court or administrative agencies without defendant-state’s consent
When Can You Sue the Government?
(1) Local government; (2) actions by the US or other State govs; (3) bankruptcy proceedings; (4) some axns against state officials (injxns for violating federal law, duties outside the scope, if seeking to have state pay??)
Abstention
Federal courts may not enjoin pending state court proceedings
Federal Legislative Power
Must be express or implied; Includes N&P, taxing, spending, commerce, war powers, investigatory powers, property power, postal power, bankruptcy power, but NOT police power (except for military, indian reservations, DC, or federal land/territories) (“MILD”)
Necessary & Proper Clause
Cong can use any constitutional means to carry out its authority / executing any power granted to any branch of the federal government