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justicibility Flashcards

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0
Q

R.A.M.P.S.

A 
Ripeness
Advisory Opinions
Mootness
Political Questions
Standing
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1
Q

case and controversy requirement

A

requires actual and definite dispute
between parties with
adverse legal interests.

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2
Q

Standing

A

concrete personal stake in outcome.
Injury-in-Fact
Causation
Redressibility - will the relief sought remedy the harm

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3
Q

Advisory Opinions

A

Constitution forbids issuing advisory opinions on constitutionality of legislative or executive actions that do not grow out of a case or controversy.

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4
Q

constitutional requirements for
alleged injury
to have standing

A

distinct and palpable

not abstract, conjectural, or hypothetical

fairly traceable to the challenged action

relief likely to follow from a favorable decision.

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5
Q

political question examples

A 
foreign relations,
guarantee clause, 
impeachment, 
termination of hostilities, 
gerrymandering...
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6
Q

Essay Statement on Federal Jurisdiction

A

Federal courts are courts of limited jurisdiction.

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7
Q

Two types of Federal Jurisdiction

A

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.
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8
Q

11th Amendment Prohibition - General

A

individuals can’t sue states for money damages in state or federal court

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9
Q

Exceptions to 11th Amendment prohibition

A
  1. states and fed gov can sue each other
  2. cities and counties not covered.
  3. injunctive relief available
  4. Waiver - clearly, expressly, and unequivocally.
  5. Enforcement powers - overcome state sovereign using powers to enforce the 13, 14, or 15th amendment
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10
Q

Essay statement - Enforcement Powers

A

Congress can overcome state sovereign immunity when using its enforcement powers.

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11
Q

Standing to sue in Federal Court

A

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

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12
Q

Standing and 3rd Parties

A
  1. Special Relationship - interests connected to 3rd Parties Constitutional Rights
  2. Incapacity - party unable or discouraged from bringing suit on own behalf
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13
Q

3 Prong Test for an Organization to have standing on behalf of members

A
  1. Member Standing - members have standing to bring action? injury,causation,Redressability.
  2. Purpose of Association - organizations purpose related to interests asserted in the suit?
  3. 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*
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14
Q

Ripeness - Defined

A

If no injury, the court is issuing an advisory opinion

federal courts do not issue advisory opinions.

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15
Q

Mootness

A

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.

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16
Q

When the answer is “Ripeness” or “Mootness” the question is most likely…

A

declaratory judgement

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17
Q

Political Question - defined

A

matters assigned to other branch of the constitution

or incapable of a judicial answer.

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18
Q

2 most important factors determining whether the political question doctrine applies.

A
  1. Textual commitment - text of constitution leaves decision to another branch of government.
  2. 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.

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19
Q

Abstention - When will court abstain

A
  1. state law is unclear and state court has not interpreted the meaning.
  2. state proceeding is ongoing and when party goes to federal court.
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20
Q

Adequate and Independent State Grounds

A

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.

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21
Q

Congress Power over the Courts

A

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

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22
Q

Jurisdiction of the USSC

A

Original jurisdiction.
Foreign diplomats and states

Appellate jurisdiction - federal law or constitution are at issue.

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23
Q

Legislative Power

A

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.

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24
Q

Federal Police Power or Promote the General Welfare

A

Powers do not exist in the federal government

Except the District of Columbia or some other federal territory

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25
Q

3 Sources of Power for Congress to Legislate

A
  1. Enumerated Powers - commerce and taxing and spending.
  2. Enabling Clauses of the 13th 14th and 15th amendment
  3. Necessary and Proper Clause - choice of means.
    Always used in conjunction with another power (by itself will usually be a wrong answer)
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26
Q

Commerce Power - Categories Congress can regulate under the commerce power

A
  1. Channels
  2. Instrumentalities
  3. Activities substantially affecting interstate commerce
    even if purely intra state
27
Q

Substantial Effect Doctrine

A

Congress can regulate economic activity that substantially effects, directly or indirectly, interstate commerce

28
Q

Cumulative Effect Doctrine

A

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.

29
Q

Limits on Commerce Power

A

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

30
Q

Comprehensive Scheme Exception to Limitation of Commerce Power

A

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

31
Q

Commerce Power and State Sovereign Immunity

A

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.

32
Q

Taxing Power

A

Congress has power to impose and collect taxes
to pay debts for the general welfare.

upheld provided one of 3 categories:

  1. Objective - does raise revenue?
  2. Subjective - intended to raise revenue?
  3. Regulatory - If congress can regulate it, it can use its taxing power
33
Q

Spending Power and Conditioning State Funds

5 elements

A

Congress May condition receipt of federal money provided

  1. It is for the General Welfare
  2. Condition is unambiguous
  3. Relates to a federal program
  4. State not required to undertake unconstitutional actions
  5. amount is not so great to be coercive
34
Q

Congressional Powers under Article I Section 8

A

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.

35
Q

War Powers and Congress

A

enact draft
Set prices and wages during wartime
Civilian Exclusion - can confine citizens to a particular area.

36
Q

13th Amendment

A

Bans Slavery - apples to individuals and states

37
Q

14th Amendment

A

Prohibits states from violating
due process,
equal protection,
and privileges and immunities

38
Q

15th Amendment

A

Bans racial discrimination in voting

39
Q

Enforcement of the Civil War Amendments

A

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

40
Q

Delegation of Congressional Power

A

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.

41
Q

Chief Executive Powers - List

A 
Enforcement of laws
Appoint high level officials
Removal power
Veto power
Pardon power
Executive Privilege
42
Q

Limits on Presidential Pardon Power

A

Only offenses against the US - no state crimes or civil liability

Cannot undue impeachment and return individual to office

43
Q

Veto Process

A

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.

44
Q

Presidential Removal Power

A

Can remove executive officials at will

executive officials with fixed terms only for cause

Federal judges - only removed by impeachment

45
Q

Congressional approval/removal

A

Congress cannot require approval for removal or

give itself power to remove executive officials.

46
Q

Special Prosecutor Rule

A

Special Prosecutor investigating president

cannot be removed by the president.

47
Q

Presidential Privilege

A

absolute privilege regarding national security secrets.

confidential communications are presumptively privileged.

need for communication is weighed against purpose requested for

48
Q

Commander in Chief Powers

A

Congress has the power to declare war.

President may respond to attacks but not initiate war

president only prevails with respect to battlefield decisions.

49
Q

President and International Affairs - Treaties, Executive Agreements, federal Law and State Law conflicts.

A

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

50
Q

Congressional limits on the executive

A

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.

51
Q

Presidential Limits on congress

A

Veto

Override by 2/3 majority

52
Q

Nature and Scope of Federal and State Powers - General Rule

A

Federal Government is a government of limited powers.

States have police power

53
Q

Immunity of Federal Government

A

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.

54
Q

Immunity of State Governments

A

11th Amendment - State Sovereign Immunity

Immunity from federal taxation if tax is applied to either

  1. Unique State Government activity
  2. 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.

55
Q

Avoiding Commandeering Problem

A

Fed cant require state action but can use spending clause to achieve same effect.

Prohibitions are not commandeering

56
Q

Dormant Commerce Clause - Rule

A

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.

57
Q

State law discriminates on its face against out of state goods or economic actors - rule

A

Regulations serves a COMPELLING state interest and

NECESSARY to the COMPELLING state interest

STRICT SCRUTINY APPLIES

58
Q

State law is not facially discriminatory against out of state goods and merely incidentally burdens interstate commerce

A

Regulation serves an IMPORTANT STATE INTEREST

does not EXCESSIVELY BURDEN INTERSTATE COMMERCE

BALANCING TEST APPLIED.

59
Q

State Action Requirement

A

Constitution protects against state and state actions,
not against private actors
except for slavery.

60
Q

2 Exceptions to State Action Requirement

A
  1. Public Function Theory - private actor performs traditional government functions - Company Town
  2. Significant State Involvement - Private actors considered public actors when actions are closely encouraged and supported by the state - entwinement between state and private organization
  3. 13th Amendment - no state action requirement.
61
Q

What Powers does the Congress have over the jurisdiction of the courts?

A

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)

62
Q

Dormant Commerce Clause - Facially Discriminatory Legislation

A

Strict Scrutiny
Regulation serves a Compelling State Interest
necessary to serve that interest

63
Q

What is the Public Function Theory

A

private actor performs traditional government functions -
Company Town

exception to rule that constitution protects individuals from state action only

64
Q

Exceptions to the Dormant Commerce Clause

A

Market Participant doctrine - states act as consumer or individual participants in the market.

Congressional authorization to discriminate against out of state actors

65
Q

Dormant Commerce Clause and State Taxation

A

Applies the same as the dormant commerce clause

taxes must be non-discriminatory
cant excessively burden interstate commerce

66
Q

Significant State Involvement Theory

A

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

con law (6 decks)

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