prep

Question 1

STANDING

Answer 1

Whether P is the proper party to bring a matter to the court for adjudication

a. Injury
b. Causation & redress-ability
c. No Third Party standing
d. No generalized grievance

Question 2

3 exceptions to rule against 3rd party standing

Answer 2

1. close relationship between p and injured party
2. if injured third party is unable to assert his or her own rights
3. an organization may sue for members.

Question 3

Exception to rule against generalized grievances

Answer 3

Taxpayers have standing to challenge government expenditures pursuant to federal (or state and local) statues as violating the establishment clause

Question 4

Ripeness

Answer 4

Whether fed. court can grant pre-enforcement review of a statute/regulation

a. hardship that will be suffered w/out pre-enforcement review
b. fitness of the issues and record for judicial review

Question 5

Mootness

Answer 5

If events after the filing lawsuit end plaintiff’s injury the case must be dismissed as moot.

Question 6

3 exceptions re: mootness

Answer 6

1. wrong capable of repetition but evading review
2. voluntary cessation by D
3. class action suits

Question 7

Political question doctrine

Answer 7

Political ? doctrine refers tl constitutional violations that teh federal courts will not adjudicate

a. “Republican form of govt. clause.
b. Challenges to Pres.’s conduct on foreign policy
c. Challenges to the impeachment and removal process
d. Challenges to partisan gerrymandering.

Question 8

Exceptions to sovereign immunity. States may be sued under the following circumstances

Answer 8

i. waiver permitted
ii. state may be sued pursuant to fed laws adopted under sec. 5 of the 14th. Congress cannot authorize suits against states under other constitutional provisions
iii. fed. gov. may sue state govts.
iv. BR proceedings

Question 9

Suits against state officers are allowed (2 instances)

Answer 9

1. State officers may be sued for injunctive relief
2. State officers may be sued for money damages to be paid out of their own pockets
   - -> State officers may not be sued if it is the state treasury that will be paying retroactive damages.

Question 10

Abstention

Answer 10

Federal courts may not enjoin pending state court proceeding

Question 11

Congress’ authority to act [5]

Answer 11

1. express or implied
2. N/P clause
3. Taxing/spending & commerce power
4. 10th am as limit
5. Congress’ power under section 5 of the 14th am.

Question 12

Delegation of powers (congress)

Answer 12

1. NO limits exist on Congress’ ability to delegate legislative power
2. Legislative veto and line-item vetos are unconstitutional
3. Congress may not delegate executive power to itself or its officers