Substantive Law

Question 1

Eleventh Amendment

Answer 1

Citizens of one state cannot sue another state in federal court and cannot sue their own state in federal court

Question 2

Individual Standing

Answer 2

1. Injury in fact;
2. Causation; and
3. Redressability

Question 3

Organizational Standing

Answer 3

1. Individual members have standing;
2. Claim is related to the purpose of the organization; and
3. The individual members are not necessary to adjudicate the claim

Question 4

Commerce Clause

Answer 4

1. Channels of interstate commerce
2. Instrumentalities of interstate commerce
3. Activities that have a substantial effect on interstate commerce

Question 5

Commerce Clause

Substantial Effect

Answer 5

• Economic activity is presumed to have a substantial effect
• Aggregation
• Noneconomic activity cannot be aggregated

Question 6

Spending Power

Answer 6

• Congress can condition federal funds to states and require states to implement certain regulations
• Permitted as long as the condition is related to the purpose of the funds
• Condition must not be coercive

Question 7

Delegation of Legislative Power

Answer 7

Congress may delegate its powers to an agency as long as it provides reasonably intelligible standards