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25 Cards in this Set

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Article III
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
Limits on federal ct jurisdiction
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)
Mootness & exception
If matter has already been resolved, the case will be dismissed as moot.

Exception: Controversies capable of repetition
Ripeness - def'n
immediate threat of harm
Standing components
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
When do you have standing to enforce gov't statutes?
when P is w/in the "zone of interests" Congress meant to protect
which P's can bring suit?
When can a claimaint with standing assert the rights of a 3rd party?
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)
When does an org have standing?
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
When does a taxpayer have standing?
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)
Even if fed issues are involved, when will the Supreme Ct not exercise jurisdiction?
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.
When will the Sup ct abstain?
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
What is and isn't barred by the 11th am limits on federal cts?
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.

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)
Congressional powers
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
14! About 5-7 big ones.
Necessary and Proper clause
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
Spending Clause
Must be for common defense and gen welfare - for any public purpose.

NONspending regs can't be supported by Gen Welfare clause
how should/can $ be spend?
Commerce Clause - what powers does this give Congress?
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.
Political Questions (as relates to fed ct juris)
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
2 cats
Article IV, Section 3
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
substantive due process
Tests the reasonableness of a statute; it prohibits arbitrary gov't action.
classification based an alienage (what level of scrutiny, and exceptions)
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.
rehabilitating juvenile offenders (what level of state interest, how does this relate to 1st am)
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.
how can you strike down state action that is facially neutral?
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
supremacy clause
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.
reqs for standing
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.
Art II, Section 2
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.