Con Law

Front 1

Article III

Back 1

Federal judicial power. Cases involving:
1. Interpretation of the Cons, fed laws, treaties and admiralty & maritime laws
2. Disputes between states, states & foreign citizems, and cit of diverse citizenship

Front 2

Limits on federal ct jurisdiction

Back 2

1. No advisory opinions
2. Ripeness
3. Mootness
4. Standing
5. Adequate and Indep state grounds
6. Abstention
7. Political Questions
8. 11th Am limits on fed cs (bars fed cts from hearing a private party's or foreign govt's claims against a state gov't b/c of doctrine of sovereign immunity)

Front 3

Mootness & exception

Back 3

If matter has already been resolved, the case will be dismissed as moot.

Exception: Controversies capable of repetition

Front 4

Ripeness - def'n

Back 4

immediate threat of harm

Front 5

Standing components

Back 5

a person must have a concrete stake in the outcome of a case. Gets you into court; nothing more.
1. injury
2. causation
3. redressability

Front 6

When do you have standing to enforce gov't statutes?

Back 6

when P is w/in the "zone of interests" Congress meant to protect

Hint 6

which P's can bring suit?

Front 7

When can a claimaint with standing assert the rights of a 3rd party?

Back 7

If
1. it is diff for the 3rd party to assert her own rights (e.g., association challenging a law that reqs disclosure of membership lists, b/c suing would mean disclosing ID)
2. a special relationship exists between the claimant and the 3rd party (doctor and patient - doctor can assert patient's rights)

Front 8

When does an org have standing?

Back 8

if
1. there is an injury in fact to members tha tgive sthem a right to sue on their own behalf,
2. the injury is related to the org's purpose, and
3. individual member participation in the lawsuit is not req'd

Front 9

When does a taxpayer have standing?

Back 9

Stdg to litigate her tax bill, but generally no stdg to challenge gov't expenditures, b/c the taxpayer's interest is too remote.

EXCEPTION: suites attacking taxing and *spending* measures (not merely giving of property) on 1st am Establishment Clause grounds (e.g. fed spending to aid parochial schools)

Front 10

Even if fed issues are involved, when will the Supreme Ct not exercise jurisdiction?

Back 10

if the state ct judgment is based on adequate and independent state law grounds (i.e., if they are fully dispositive of the case). If the state ct has not clearly indicated that its decision rests on state law, the Sup Ct may hear the case.

Front 11

When will the Sup ct abstain?

Back 11

1. unsettled question of law
2. pending state criminal proceedings (and some admin or civil involving impt state interest) except in cases of proven harassment or prosecutions taken in bad faith

Front 12

What is and isn't barred by the 11th am limits on federal cts?

Back 12

Barred: actions in which the state in named as a party or state has to pay retroactive dmgs. Doctrine of sovereign immunity.

Not Barred: actions against *local* gov'ts, actions by U.S. or other states, or proceedings in fed bankruptcy cts.

EXCEPTIONS:
1. actions to enjoin a state officer from future conduct that violates Cons or fed law, and actions for dmg against officer personally
2. state consents
3. congress removes the immunity (can only happen as to actions created under the 14th am)

Front 13

Congressional powers

Back 13

1. Necessary and Proper
2. taxing (should bear reas rel to revenue production)
3. spending
4. commerce (reg channels, instrumentalitites, activities)
5. War and related powers (declare war, raise and support armies, provide/maintain a navy)
6. investigatory (implied, by appropriate congressional house)
7. property (dispose, make rules for territories & properties of U.S.)
8. No fed police power - except in DC, fed lands, bases, Indian reservations
9. Bankruptcy (pwr to est uniform bankruptcy rules)
10. Postal (place reas restrictions on use of mail, classify)
11. Citizenship (uniform rules of naturalization)
12. Admiralty (maritime matters)
13. Coin $ and fix weights and measures
14. Patent/copyright power

Hint 13

14! About 5-7 big ones.

Front 14

Necessary and Proper clause

Back 14

Fed legislative power - this clause can't stand alone; must work to support another fed power. Congress can effect any laws nec and prop to carry out all powers vested in the fed gov't

Front 15

Spending Clause

Back 15

Must be for common defense and gen welfare - for any public purpose.

NONspending regs can't be supported by Gen Welfare clause

Hint 15

how should/can $ be spend?

Front 16

Commerce Clause - what powers does this give Congress?

Back 16

Congress can regulate:
1. anything/anyone who crosses state lines
2. single state activities, persons, things, that substantially effect commerce. If commercial, need rational arg. If noncommercial, need factual support.

Front 17

Political Questions (as relates to fed ct juris)

Back 17

Political questions will not be decided. THese are issues
1. Cons committed to another branch of gov't (challenges to Cons amdmt procedures, electoral age/residency reqs, Pres's conduct of foreign policy), or
2. inherently incapable of judicial res

Hint 17

2 cats

Front 18

Article IV, Section 3

Back 18

Congress has the power to dispose of all property belonging to the federal gov't. No express limits on this power, and disposal has never been invalidated on the ground that it places a competitor of the purchaser at a disadvantage

Front 19

substantive due process

Back 19

Tests the reasonableness of a statute; it prohibits arbitrary gov't action.

Front 20

classification based an alienage (what level of scrutiny, and exceptions)

Back 20

generally a suspect classification (intermediate scrutiny; substantially related to impt gov't interest)

Exception: state may reserve a gov't position for citizens if it is related to self-governance, involves policymaking, or reqs exercise of impt discretionary power of citizens.

Front 21

rehabilitating juvenile offenders (what level of state interest, how does this relate to 1st am)

Back 21

compelling state interest.

- the press and public have a broad first am rt of access to crim proceedings which can only be outweighed by a compelling gov't interest.
- juvenile proceedings are diff though - it was est as an alt to the criminal justice system in order to rehab juvie offenders before they become adult criminals.
- sealing records is narrowly tailored to this compelling interest.

Front 22

how can you strike down state action that is facially neutral?

Back 22

P must show that 1) the statute was intended to discriminate on the basis of race or national origin (or whatever) and 2) does in fact have that affect. P must show that legislature had full knowledge of the facts and drafted the law w/ the specific intent to disqualify that population

Front 23

supremacy clause

Back 23

if the fed gov't adopts legislation that it has the power to adopt, the fed legis is supreme, and a conflicting state law is rendered invalid.

Front 24

reqs for standing

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P must be able to show that it is or will be injured by the gov't action involved and that its injury can be remedied by a decision in its favor.

P must show that it as a concrete stake in the outcome of the litigation suff to ensure its zealous participation.

Front 25

Art II, Section 2

Back 25

Pres can nominate, w/ advice & consent of Senate shall appt, ambassadors and other officers of the US. Congress may vest the appt of inferior officeres in the Pres alone, in the cts of law, or in the heads of depts.