Powers of the Branches of Government Flashcards
What is an Article III court?
Article III courts are established by Congress.
Can Congress define the jurisdiction of federal courts?
Yes, but Congress is bound to the standards set forth in Article III concerning subject matter jurisdiction, party jurisdiction, and the “case or controversy” requirement.
May a federal court issue an advisory opinion?
No.
What is an advisory opinion?
An advisory opinion is a decision that lacks an actual dispute between the parties or any legally binding effect on the parties.
What is the “case or controversy” requirement?
A “case or controversy” must not request an advisory opinion, must be ripe and must not be moot.
When is a case ripe?
A case is ripe when laws and policies have been formalized and can be felt in concrete ways.
When is a pre-enforcement challenge ripe?
A pre-enforcement challenge is ripe when the issues are fit for judicial decision and the plaintiff would suffer substantial hardship in the absence of review.
What does it mean to be fit for judicial decision?
Fitness for judicial opinion means that the case does not rely on uncertain or contingent future events. Generally, the issues are legal in nature rather than factual.
When is a case moot?
A case is moot when the plaintiff is no longer suffering an ongoing injury.
When must a live controversy exist?
A live controversy must exist at all stages of review.
When is a case not considered moot even if the injury has passed?
(1) the controversy is capable of repetition but is evading review due to an inherently short duration
(2) the defendant voluntarily stops the offending practice but is free to resume it
(3) class actions in which the class representative’s case is moot but at least one class member’s claim is still viable
When must a party have standing?
A party must have standing at all phases of litigation, including on appeal.
What are the components of standing?
The components of standing are injury, causation, and redressability.
What injury must a person show to have standing?
A person must show an injury in fact which is a particularized and concrete (not hypothetical) injury.
Is there standing based on taxpayer status?
No, because the injury is too generalized. However, a taxpayer may challenge her tax bill.
Is there standing based on citizenship status?
No, unless:
(1) the claim alleges federal action violated 10A by interfering with powers reserved to the states and the injury is redressable, or
(2) the claim challenges congressional spending on Establishment Clause grounds.
May a claimant assert standing for others?
In general, a claimant may not assert standing for third parties. However, a claimant with standing in her own right may assert the rights of a third party if (1) it is difficult for the third party to assert his rights, or (2) a close relationship exists between the claimant and the third party.
Does an organization have standing on behalf of its members?
An organization has standing on behalf of its members when (1) there is an injury in fact to the members, (2) the members’ injuries are related to the organization’s purpose, and (3) individual member participation in the lawsuit is not required.
When does a person have standing to bring a claim for speech overbreadth?
Unless the restriction applies to commercial speech, a person has standing to bring a free speech claim, even if that person’s own speech would not be protected under 1A.
What is rederssability?
An injury is redressable if a decision on the plaintiff’s case would alleviate the plaintiff’s harm.
May Congress eliminate the case or controversy requirement?
No, but Congress can create new interests, an injury to which may be sufficient for standing.
Does a plaintiff have standing to enforce a federal statute?
Yes, if the plaintiff is within the zone of interests that Congress meant to protect, and that Congress intended a private right of action.
May a plaintiff bring a test case?
Yes. Standing is not defeated by a plaintiff’s knowing triggering of an application of a rule to test its constitutionality.
What is sovereign immunity?
Sovereign immunity, reflected in 11A, bars a private party from suing a state or the federal government or their agencies.
What are the exceptions to sovereign immunity?
(1) express waiver
(2) structural waiver
(3) actions against local governments
(4) suits of one state against another and suits of the federal government against a state
(5) bankruptcy
(6) state officials
(7) congressional removal of immunity
What is structural waiver of sovereign immunity?
Structural waiver applies when a federal power is complete in itself and the states implicitly consented to the federal government exercising that power as part of the plan of the Constitution (e.g. eminent domain and military powers).
When can a person sue a state official?
A person can sue a state official for prospective damages personally or to enjoin the official from future conduct that violates the law. Retroactive damages are not available.
When will a federal court abstain from deciding a constitutional question?
A federal court will abstain temporarily when the disposition rests on an unsettled question of state law. A federal court will not enjoin state criminal proceedings except in cases of proven harassment or bad faith prosecutions.
What are political questions?
Political questions are issues constitutionally committed to another branch or inherently incapable of judicial resolution (e.g. challenges to procedures for ratifying amendments, Presidential conduct of foreign policy, political gerrymandering).
Which cases does the Supreme Court have original jurisdiction over?
SCOTUS has original jurisdiction over all cases affecting ambassadors, public ministers, consuls, and those in which a state is a party.
Which original jurisdiction cases do lower federal courts have concurrent jurisdiction over?
Congress has given concurrent jurisdiction over all original jurisdiction cases except those between states.
How do cases come to SCOTUS?
Cases come to SCOTUS by a writ of certiorari or by appeal of decisions to grant or deny injunctions made by three-judge district court panels.
Which cases come to SCOTUS by a writ of certiorari?
Cases that come to SCOTUS by writ of certiorari include
- cases from the highest court capable of providing a decision where (1) the constitutionality of a federal statute, treaty, or state statute is in issue, or (2) a state statute allegedly violates federal law, and
- all cases from federal courts of appeals.
What happens if SCOTUS finds adequate and independent state grounds?
SCOTUS will not exercise jurisdiction if the state court judgment is based on adequate and independent state grounds, even if federal issues are involved.
What powers may Congress exercise?
Congress may exercise the powers enumerated in Article I, Sec. 8 and any powers necessary and proper to carrying out the enumerated powers.
Is there a federal police power?
No, except in DC, federal lands (US possessions), military bases, and Indian reservations.
What is necessary and proper to carry out enumerated powers?
Necessary and proper means appropriate or rational.
What is the taxing and spending power?
Congress has the power to tax and spend to provide for the general welfare. Taxing and spending may be for any public purpose not prohibited by the Constitution.
Can Congress legislate general welfare?
No, it can only tax and spend for the general welfare.
When are conditions valid on a Congressional grant of money to state or local governments?
Conditions are valid if they are clearly stated, relate to the purpose of the grant, are not unduly coercive, and do not otherwise violate the Constitution.
When are taxes valid?
Taxes are valid if they have some reasonable relationship to revenue production or to promoting the general welfare.
When is a tax an impermissible penalty?
A tax is an impermissible penalty when it seeks to compel rather than simply influence behavior.
What is the commerce power?
Congress has the power to regulate foreign and interstate commerce as well as commerce with the Indian tribes.
What may Congress regulate within the Commerce Clause power?
Congress may regulate
(1) the channels of interstate commerce
(2) the instrumentalities of interstate commerce
(3) people and things in interstate commerce
(4) economic activities that have a substantial affect on interstate commerce (may be aggregated)
May noneconomic activities be aggregated to determine if there is a substantial effect on interstate commerce?
No.
May Congress regulate noneconomic intrastate activity?
No, 10A precludes Congress from regulating noneconomic intrastate activity in areas traditionally regulated by state and local governments.
May Congress regulate inactivity?
No, Congress does not have the power to compel activity.
May Congress prohibit private discrimination under its Commerce Clause power?
Yes, Congress may prohibit private discrimination in activities that might have a substantial effect on interstate commerce.
Who has the power to declare war?
Congress has the power to declare war.
Does war justify economic regulation?
Yes, economic regulation during war and in the postwar period have been upheld.
What court reviews military cases?
The Court of Appeals for the Armed Forces.
Can Congress deny habeas to alien combatants?
No, unless there is a meaningful substitute.
Who do military courts have jurisdiction over?
Military courts have jurisdiction over offenses committed by members of the armed services. They also have jurisdiction over civilians in times of active war.
What is Congress’s investigatory power?
Congress has broad power to investigate for the purpose of legislation or other official action.
Can Congress subpoena the president’s personal information?
Yes, pursuant to the investigatory power, but only if there is a legitimate legislative purpose.
What power does Congress have over US property (like the territories)?
Congress can dispose of and make rules for territories and other properties. Federal takings must be pursuant to an enumerated power.
What is the postal power?
Congress has exclusive postal power. It may not deprive any citizen of a general mail privilege.
Who may establish rules of naturalization?
Congress.
Can Congress exclude aliens?
Yes, aliens have no right to enter the US. However, resident aliens must be given notice and a hearing before deportation.
