justicibility Flashcards
R.A.M.P.S.
Ripeness Advisory Opinions Mootness Political Questions Standing
case and controversy requirement
requires actual and definite dispute
between parties with
adverse legal interests.
Standing
concrete personal stake in outcome.
Injury-in-Fact
Causation
Redressibility - will the relief sought remedy the harm
Advisory Opinions
Constitution forbids issuing advisory opinions on constitutionality of legislative or executive actions that do not grow out of a case or controversy.
constitutional requirements for
alleged injury
to have standing
distinct and palpable
not abstract, conjectural, or hypothetical
fairly traceable to the challenged action
relief likely to follow from a favorable decision.
political question examples
foreign relations, guarantee clause, impeachment, termination of hostilities, gerrymandering...
Essay Statement on Federal Jurisdiction
Federal courts are courts of limited jurisdiction.
Two types of Federal Jurisdiction
Law based Federal Jurisdiction - cases arising out of the constitution, federal law and admiralty and maritime law
and
Party based federal jurisdiction US govt is a party State v State State V other States citizens Citizens from different states with $75k in controversy Foreign diplomats.
11th Amendment Prohibition - General
individuals can’t sue states for money damages in state or federal court
Exceptions to 11th Amendment prohibition
- states and fed gov can sue each other
- cities and counties not covered.
- injunctive relief available
- Waiver - clearly, expressly, and unequivocally.
- Enforcement powers - overcome state sovereign using powers to enforce the 13, 14, or 15th amendment
Essay statement - Enforcement Powers
Congress can overcome state sovereign immunity when using its enforcement powers.
Standing to sue in Federal Court
Injury in Fact - actual or imminent injury
Causation - Conduct must have caused P’s injury
Redressability - Litigation must be able to address P’s injury
Standing and 3rd Parties
- Special Relationship - interests connected to 3rd Parties Constitutional Rights
- Incapacity - party unable or discouraged from bringing suit on own behalf
3 Prong Test for an Organization to have standing on behalf of members
- Member Standing - members have standing to bring action? injury,causation,Redressability.
- Purpose of Association - organizations purpose related to interests asserted in the suit?
- Member participation not required - members all have same claim and remedy applies to all?
* Where the purpose of the organization is to protect the constitution generally this is probably a trap*
Ripeness - Defined
If no injury, the court is issuing an advisory opinion
federal courts do not issue advisory opinions.
Mootness
Where the suit is too late for a federal decision to do anything.
There is no redressability.
If court cannot redress issue then it is an advisory opinion.
Federal courts do not issue advisory opinions
Except: CORYER
Capable of repetition yet evading review.
When the answer is “Ripeness” or “Mootness” the question is most likely…
declaratory judgement
Political Question - defined
matters assigned to other branch of the constitution
or incapable of a judicial answer.
2 most important factors determining whether the political question doctrine applies.
- Textual commitment - text of constitution leaves decision to another branch of government.
- No standards - question political not legal in character
court cant’d develop standards for lower courts to apply.
Foreign affairs is a frequently tested political question topic.
Abstention - When will court abstain
- state law is unclear and state court has not interpreted the meaning.
- state proceeding is ongoing and when party goes to federal court.
Adequate and Independent State Grounds
no cases from a state court of last resort
if state courts decision is supported on state law grounds.
These grounds only apply to the Supreme Court
EXCEPTION - STATE FOLLOWS FED
Where state constitutional provision is the same as the fed,
state court interprets it as the same,
not sufficient, adequate, independent state law ground.
Congress Power over the Courts
Can do what it likes with lower courts.
Cannot prohibit USSC from hearing cases based on federal law.
Cannot take case from appellate category and put in original jurisdiction
Jurisdiction of the USSC
Original jurisdiction.
Foreign diplomats and states
Appellate jurisdiction - federal law or constitution are at issue.
Legislative Power
Congress has the powers given to it and no others.
Federal laws based in power given to congress by constitution
and must not violate or conflict with a constitutional right.
State laws must not conflict with a constitutional right.
Federal Police Power or Promote the General Welfare
Powers do not exist in the federal government
Except the District of Columbia or some other federal territory
3 Sources of Power for Congress to Legislate
- Enumerated Powers - commerce and taxing and spending.
- Enabling Clauses of the 13th 14th and 15th amendment
- Necessary and Proper Clause - choice of means.
Always used in conjunction with another power (by itself will usually be a wrong answer)
Commerce Power - Categories Congress can regulate under the commerce power
- Channels
- Instrumentalities
- Activities substantially affecting interstate commerce
even if purely intra state
Substantial Effect Doctrine
Congress can regulate economic activity that substantially effects, directly or indirectly, interstate commerce
Cumulative Effect Doctrine
total of all similar actions to determine if a substantial effect.
ie farmer growing crops own consumption and
when combined with all other farmers doing the same thing
has a substantial effect on interstate commerce.
Limits on Commerce Power
no regulation of INTRA-state non-economic activity
Possession of a handgun - not an economic activity
Violent crime - not an economic activity
Loansharking - is an economic activity
EXCEPTION - Comprehensive Scheme
Comprehensive Scheme Exception to Limitation of Commerce Power
congressional program or comprehensive scheme
aims at interstate economic activity,
can sweep up isolated instances of non-economic activity
if necessary to make program effective
Gonzales v Raich
Commerce Power and State Sovereign Immunity
Cannot overcome state sovereign immunity.
Cannot use commerce power to create private cause of action for money damages against a state.
can bar racial discrimination by private parties in activities connected with interstate commerce,
but it cannot bar racial discrimination by a state so that private parties can enforce law by seeking money damages.
Must use 13th, 14th and 15th amendments for that.
Taxing Power
Congress has power to impose and collect taxes
to pay debts for the general welfare.
upheld provided one of 3 categories:
- Objective - does raise revenue?
- Subjective - intended to raise revenue?
- Regulatory - If congress can regulate it, it can use its taxing power
Spending Power and Conditioning State Funds
5 elements
Congress May condition receipt of federal money provided
- It is for the General Welfare
- Condition is unambiguous
- Relates to a federal program
- State not required to undertake unconstitutional actions
- amount is not so great to be coercive
Congressional Powers under Article I Section 8
Declare War
Raise and support the army
Provide and maintain a navy
Organize, arm, and call out the militia
establish military courts to
gain jurisdiction over members of the armed forces,
court-martial proceedings,
and try enemy combatants.
War Powers and Congress
enact draft
Set prices and wages during wartime
Civilian Exclusion - can confine citizens to a particular area.
13th Amendment
Bans Slavery - apples to individuals and states
14th Amendment
Prohibits states from violating
due process,
equal protection,
and privileges and immunities
15th Amendment
Bans racial discrimination in voting
Enforcement of the Civil War Amendments
14-15 apply only to states, not private individuals
Congress needs to show there is a problem
action needs to be congruent and proportionate.
If valid 14th or 15th amendment legislation,
congress can overcome state sovereign immunity
Delegation of Congressional Power
Congress can create agency and delegate power to make rules that have force of law and preempt state law.
if agency is guided by intelligible principle limiting discretion.
Chief Executive Powers - List
Enforcement of laws Appoint high level officials Removal power Veto power Pardon power Executive Privilege
Limits on Presidential Pardon Power
Only offenses against the US - no state crimes or civil liability
Cannot undue impeachment and return individual to office
Veto Process
President has 10 days to sign or veto.
president does nothing - bill becomes law.
Pocket Veto - congressional term expires within 10 day period,
bill dies without a presidential signature.
Cannot be overridden.
Line item veto is unconstitutional because it allows the president to amend laws without bicameralism and presentment.
Presidential Removal Power
Can remove executive officials at will
executive officials with fixed terms only for cause
Federal judges - only removed by impeachment
Congressional approval/removal
Congress cannot require approval for removal or
give itself power to remove executive officials.
Special Prosecutor Rule
Special Prosecutor investigating president
cannot be removed by the president.
Presidential Privilege
absolute privilege regarding national security secrets.
confidential communications are presumptively privileged.
need for communication is weighed against purpose requested for
Commander in Chief Powers
Congress has the power to declare war.
President may respond to attacks but not initiate war
president only prevails with respect to battlefield decisions.
President and International Affairs - Treaties, Executive Agreements, federal Law and State Law conflicts.
Treaties prevail over earlier federal statute.
always trumps state law
can enter into agreements with foreign nations.
need not be ratified.
statutes trump executive agreements
Executive agreements trump state law
Congressional limits on the executive
congress acting within powers - valid law - congress wins
president not above the law.
Can impeach for treason, bribery, and other high crimes and misdemeanors (whatever congress decides they are).
the president has no power to impound congressionally authorized funds.
Presidential Limits on congress
Veto
Override by 2/3 majority
Nature and Scope of Federal and State Powers - General Rule
Federal Government is a government of limited powers.
States have police power
Immunity of Federal Government
Sovereign Immunity - cannot be sued without consent
Supremacy Clause - Supreme over state law
federal function immunity - fed gov and agencies are immune from state taxation that interfere with a federal function.
Immunity of State Governments
11th Amendment - State Sovereign Immunity
Immunity from federal taxation if tax is applied to either
- Unique State Government activity
- Essential State Govt functions
Anti Commandeering Doctrine - cannot make state govts act in their sovereign capacity - require state to act either to pass legislation or enforce federal law.
Avoiding Commandeering Problem
Fed cant require state action but can use spending clause to achieve same effect.
Prohibitions are not commandeering
Dormant Commerce Clause - Rule
States cannot discriminate against out of state goods or economic actors. This applies to state taxes as well.
Except
Congressional Authorization
Market Participant Doctrine - state participating in market, not subject to dcc restriction.
State law discriminates on its face against out of state goods or economic actors - rule
Regulations serves a COMPELLING state interest and
NECESSARY to the COMPELLING state interest
STRICT SCRUTINY APPLIES
State law is not facially discriminatory against out of state goods and merely incidentally burdens interstate commerce
Regulation serves an IMPORTANT STATE INTEREST
does not EXCESSIVELY BURDEN INTERSTATE COMMERCE
BALANCING TEST APPLIED.
State Action Requirement
Constitution protects against state and state actions,
not against private actors
except for slavery.
2 Exceptions to State Action Requirement
- Public Function Theory - private actor performs traditional government functions - Company Town
- Significant State Involvement - Private actors considered public actors when actions are closely encouraged and supported by the state - entwinement between state and private organization
- 13th Amendment - no state action requirement.
What Powers does the Congress have over the jurisdiction of the courts?
Congress can do what it likes with the jurisdiction of the lower courts.
Congress cannot take a case from SC appellate jurisdiction and assign the SC original jurisdiction (Marbury v Madison)
Dormant Commerce Clause - Facially Discriminatory Legislation
Strict Scrutiny
Regulation serves a Compelling State Interest
necessary to serve that interest
What is the Public Function Theory
private actor performs traditional government functions -
Company Town
exception to rule that constitution protects individuals from state action only
Exceptions to the Dormant Commerce Clause
Market Participant doctrine - states act as consumer or individual participants in the market.
Congressional authorization to discriminate against out of state actors
Dormant Commerce Clause and State Taxation
Applies the same as the dormant commerce clause
taxes must be non-discriminatory
cant excessively burden interstate commerce
Significant State Involvement Theory
Exception to constitutional protections apply only to state actions.
private action closely encouraged by state and are sufficient entanglements to be considered a state actor
