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54 Cards in this Set
- Front
- Back
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Standing
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1. Standing: “P must show sufficient stake in the controversy by demonstrating (1) injury in fact that (2) will be remedied by a decision in her favor.”a. Requirements i. Injury: P must allege and prove that he has been injured or will be injured soon. ii. Causation: there must be a causal connection between the injury and the conduct complained of iii. Redressability: a decision in her favor must be capable of remedying the injury. b. Standing Issues i. No 3rd Party Standing: ii. Standing of organization: iii. No Citizenship Standing: P cannot be suing merely as a “citizen” or taxpayer.
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No 3rd party standing
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A plaintiff cannot assert the claims of others, unless the P has standing herself AND (1) there is a special relationship between the parties OR (2) the injured party is unlikely to be able to assert there own rights
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Standing of organizations
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organizations only have standing if (1) members have standing(2) injury is related to the orgs purpose and (3) individual member participation is not necessary (all memebers suffer the same extent of injury)
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Citizenship standing
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P cannot be suing merely as a citizen or taxpayer UNLESS P is suing w/r/t (1) gov spending that (2)violates the establishment clause
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Ripeness
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P is not entitled to review of a statute or regulation before enforcement unless the P will suffer harm or immediate threat of harm. Courts will consider (a) hardship that will be suffered w/o pre-enfocement review and (b) does the court have what it needs before it to decide the issue
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Mootness
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A case must be dismissed as moot if the matter has been resolved, (a case or controversy must exist at all stages of review) Exceptions:(1) Wrong capable of repetition but evading review (pregnancy, elections) (2) Voluntary Cesssation- D stops offending practice but is free to continue it (3) class action suits, where named P's claim is moot , but at least one class member has ongoing injury
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Political Question Doctrine:
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Courts will not adjudicate political questions such as challanges to (1) the republican form of government clause (2) to the president's conduct of foriegn policy to the (3) impeachment and removal process and to (4) Partisan gerrymandering. "
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Abstention
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Federal Courts wil not enjoin a pending state court proceeding UNLESS the prosecution is conducted in bad faith.
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Supreme Court review
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1. What cases?a. Virtually All cases come to Supreme Court by Writ of Certiorari b. Exclusive jurisdiction: of suits b/t state governments2. When?a. Generally Supreme Court may only here cases after there has been a final judgement of i. (i) the highest state court, (ii) U.S. Court of appeals (iii)3-judge Federal district court There must not be an independent and adequate state law ground for the decision. (i.e. if state court decisions rests on 2 grounds and reversal of the federal law ground will not change the result the supreme court cannot hear the case.)
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11th Amendment Limits of Federal Court
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Principal of Sovereign Immunity: the 11th Amendment bars suits against states (not local govs) in federal courts, state courts, or federal agencies Exceptions(1) Waiver (2) States may be sued pursuant to Federal Laws adopted under sec. 5 of the 14th Amendment (3) Federal gov may sue state gov(4) States may sue each other (5) Bankruptcy proceeding (6) Suits against state officers are allowed
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Justiciable Case or Controversy
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Stu Raped My Pig And Escaped Standing RipenessMootness Political Question AbstentionEleventh Amendment (Sovergien Immunity)
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The Federal Legislative Power A (1-7) B (1-2) C (1-3)
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(A) Authority to Act (1) M.I.L.D Federal Police Power (2) Necessary & Proper Clause (3) Power to Declare War (4) Taxing & Spending Power (5) **Commerce Power (6) Property Power (7) Power to Act under §5 of 14th amendment (B) 10th Amendment limits (1) Congress cannot compel state or regulatory action (2) Congress may prohibit harmful commercial activity by the states (C) Delegation of powers (1) No limits on ablility to delegate (2) No legislative or line-item veto's Can't delegate executive power
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Federal Police Power
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Federal Gov has no general police power except over M.I.L.D(1) Military basis (2) Indian Reservations (3) Federal Land or territories (4) District of Columbia
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Federal Legislative Power: Necessary & Proper Clause
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Congress has power to make all laws necessary and proper for executing any power granted to any branch of the gov. Note: on MBE necessary and proper w/o bieng tied to another power = wrong anwser
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Congressional Power to Declare War
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Congress does NOT have power to send troops ONLY power to declare war
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Congressional Taxing & Spending Power
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Congress may tax and spend for the general welfare. Note: Subject to 10th amendment limit
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Commerce Power
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Congress has the exclusive power to regulate all foriegn and interstate commerce. To fall under this power a law must either ...(1) Regulate Channels of interstate commerce (2) Regulate the Instrumentalities of Interstate Commerce (3) Regulate Activities that have a substantial impact on interstate commerce. Economic Activities: can regulate if finds rational basis that activity in the aggregate substantially effects interstate commerce Non-Economic Activity: Congress must factually show substantial economic effect of individual activity
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Congress Power Under §5 of 14th Amendment
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(1) Congress may NOT create new rights or expand the scope of rights, (2) Congress may only act to prevent or remedy violations of rights recognized by the courts and (2)(a) such laws must be proportional" and "congruent" to remedying constitutional violations "
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10th Amendment Limits on Congressional Power
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Congress Cannot Compel state regulatory or legislative action. Congress CAN induce state action by putting strings on grants of federal funds, so long as (i) Conditions are expressly stated and (ii) related to the purpose of the programCongress MAY prohibit harmful commercial activity by state gov. ex: Fed law not allowing states to sell driver's license info=OK, because state involved in commercial activity.
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Delegation of Powers
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1. No Limits on Congress’ ability to delegate legislative powers (**MB-any anwser w/ beyond the ability of congress to delegate=wrong UNLESS delegating executive powers to itself or its officers) d2. Legislative and Line-Item Veto’s are Unconstitutional a. Legislative Veto- congress tries to overturn executive action w/o bicameralism (passage by both house and senate) and presentment (giving the bill to the President to sign or Veto) b. Line-Item Veto- president attempts to sign part of bill and veto part.By statute congress grants to the President the power to send military troops into combat
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The Executive Powers (a) 1-5(b) 1-4
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(a) Domestic Affairs (1) Appointment & Removal Power (2) Impeachment & Removal (3) Immunity (4) Executive Privilege(5)Pardon Power (b) Foreign Policy (1) Power as commander-in Chief to use American Troops in Foreign Countries (2) No Power to declare war but may act militarily in response (3) Treatise Power (4) Executive Agreements
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Presidential Appointment & Removal Powers
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(1) Appointment Power President Appoints (w/ Senate approval) Ambassadors Federal Judges Officers of the U.S. Congress may best Appointment of Inferior officers Congress may not give itself or its officers the appointment power.Removal Power President can fire any executive branch officer, HOWEVER after morrision Congress can limit President's removal power if office where independence from th president is desirable
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Impeachment and Removal who? why? process?
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1. Who? The President, the VP, federal judges and officers of the U.S. can be impeached and removed from the office2. Why? (i) treason, (ii) bribery, or for (iii) high crimes and misdemeanors. 3. ProcessàImpeachment in House of Reps THEN Trial in Senate a. Impeachment by the House of Representatives requires a majority vote;b. Conviction in the Senate requires a 2/3 vote.
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Presidential Immunity
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The President has absolute immunity to civil suits for money damages for any actions while in office. However, the President does NOT have immunity for actions that occurred prior to taking office.
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Executive Privilege
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1. Executive Privilege- The President has executive privilege (not absolute) for papers and conversations, but such privilege must yield to other important government interests. a. i.e. privilege must yield to need for such materials as evidence in a criminal case, the determination is made by the trial judge hearing the case. (civil cases less need than criminal) National Security interests are given greater deference by the court
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Presidential Pardon Power
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1. Pardon Power-The President has the power to pardon those accused or convicted of federal crimes. a. No pardon (i) for offenses that lead to impeachment (ii) as to civil liability (civil contempt court)
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treatise and executive agreement & state and federal laws
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Senate Approval Required?Conflicts with State LawsConflicts with Federal StatutesConflicts with the ConstitutionTreatise:YES – To enter but not to void itTreaty ControlsLast in Time ControlsConstitution ControlsExecutive Agreements:NOAgreement ControlsFederal Statute ControlsConstitution Controls
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Standing
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1. Standing: “P must show sufficient stake in the controversy by demonstrating (1) injury in fact that (2) will be remedied by a decision in her favor.”a. Requirements i. Injury: P must allege and prove that he has been injured or will be injured soon. ii. Causation: there must be a causal connection between the injury and the conduct complained of iii. Redressability: a decision in her favor must be capable of remedying the injury. b. Standing Issues i. No 3rd Party Standing: ii. Standing of organization: iii. No Citizenship Standing: P cannot be suing merely as a “citizen” or taxpayer.
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No 3rd party standing
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A plaintiff cannot assert the claims of others, unless the P has standing herself AND (1) there is a special relationship between the parties OR (2) the injured party is unlikely to be able to assert there own rights
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Standing of organizations
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organizations only have standing if (1) members have standing(2) injury is related to the orgs purpose and (3) individual member participation is not necessary (all memebers suffer the same extent of injury)
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Citizenship standing
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P cannot be suing merely as a citizen or taxpayer UNLESS P is suing w/r/t (1) gov spending that (2)violates the establishment clause
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Ripeness
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P is not entitled to review of a statute or regulation before enforcement unless the P will suffer harm or immediate threat of harm. Courts will consider (a) hardship that will be suffered w/o pre-enfocement review and (b) does the court have what it needs before it to decide the issue
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Mootness
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A case must be dismissed as moot if the matter has been resolved, (a case or controversy must exist at all stages of review) Exceptions:(1) Wrong capable of repetition but evading review (pregnancy, elections) (2) Voluntary Cesssation- D stops offending practice but is free to continue it (3) class action suits, where named P's claim is moot , but at least one class member has ongoing injury
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Political Question Doctrine:
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Courts will not adjudicate political questions such as challanges to (1) the republican form of government clause (2) to the president's conduct of foriegn policy to the (3) impeachment and removal process and to (4) Partisan gerrymandering. "
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Abstention
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Federal Courts wil not enjoin a pending state court proceeding UNLESS the prosecution is conducted in bad faith.
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Supreme Court review
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1. What cases?a. Virtually All cases come to Supreme Court by Writ of Certiorari b. Exclusive jurisdiction: of suits b/t state governments2. When?a. Generally Supreme Court may only here cases after there has been a final judgement of i. (i) the highest state court, (ii) U.S. Court of appeals (iii)3-judge Federal district court There must not be an independent and adequate state law ground for the decision. (i.e. if state court decisions rests on 2 grounds and reversal of the federal law ground will not change the result the supreme court cannot hear the case.)
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11th Amendment Limits of Federal Court
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Principal of Sovereign Immunity: the 11th Amendment bars suits against states (not local govs) in federal courts, state courts, or federal agencies Exceptions(1) Waiver (2) States may be sued pursuant to Federal Laws adopted under sec. 5 of the 14th Amendment (3) Federal gov may sue state gov(4) States may sue each other (5) Bankruptcy proceeding (6) Suits against state officers are allowed
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Justiciable Case or Controversy
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Stu Raped My Pig And Escaped Standing RipenessMootness Political Question AbstentionEleventh Amendment (Sovergien Immunity)
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The Federal Legislative Power A (1-7) B (1-2) C (1-3)
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(A) Authority to Act (1) M.I.L.D Federal Police Power (2) Necessary & Proper Clause (3) Power to Declare War (4) Taxing & Spending Power (5) **Commerce Power (6) Property Power (7) Power to Act under §5 of 14th amendment (B) 10th Amendment limits (1) Congress cannot compel state or regulatory action (2) Congress may prohibit harmful commercial activity by the states (C) Delegation of powers (1) No limits on ablility to delegate (2) No legislative or line-item veto's Can't delegate executive power
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Federal Police Power
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Federal Gov has no general police power except over M.I.L.D(1) Military basis (2) Indian Reservations (3) Federal Land or territories (4) District of Columbia
|
|
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Federal Legislative Power: Necessary & Proper Clause
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Congress has power to make all laws necessary and proper for executing any power granted to any branch of the gov. Note: on MBE necessary and proper w/o bieng tied to another power = wrong anwser
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Congressional Power to Declare War
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Congress does NOT have power to send troops ONLY power to declare war
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|
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Congressional Taxing & Spending Power
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Congress may tax and spend for the general welfare. Note: Subject to 10th amendment limit
|
|
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Commerce Power
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Congress has the exclusive power to regulate all foriegn and interstate commerce. To fall under this power a law must either ...(1) Regulate Channels of interstate commerce (2) Regulate the Instrumentalities of Interstate Commerce (3) Regulate Activities that have a substantial impact on interstate commerce. Economic Activities: can regulate if finds rational basis that activity in the aggregate substantially effects interstate commerce Non-Economic Activity: Congress must factually show substantial economic effect of individual activity
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Congress Power Under §5 of 14th Amendment
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(1) Congress may NOT create new rights or expand the scope of rights, (2) Congress may only act to prevent or remedy violations of rights recognized by the courts and (2)(a) such laws must be proportional" and "congruent" to remedying constitutional violations "
|
|
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10th Amendment Limits on Congressional Power
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Congress Cannot Compel state regulatory or legislative action. Congress CAN induce state action by putting strings on grants of federal funds, so long as (i) Conditions are expressly stated and (ii) related to the purpose of the programCongress MAY prohibit harmful commercial activity by state gov. ex: Fed law not allowing states to sell driver's license info=OK, because state involved in commercial activity.
|
|
|
Delegation of Powers
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1. No Limits on Congress’ ability to delegate legislative powers (**MB-any anwser w/ beyond the ability of congress to delegate=wrong UNLESS delegating executive powers to itself or its officers) d2. Legislative and Line-Item Veto’s are Unconstitutional a. Legislative Veto- congress tries to overturn executive action w/o bicameralism (passage by both house and senate) and presentment (giving the bill to the President to sign or Veto) b. Line-Item Veto- president attempts to sign part of bill and veto part.By statute congress grants to the President the power to send military troops into combat
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The Executive Powers (a) 1-5(b) 1-4
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(a) Domestic Affairs (1) Appointment & Removal Power (2) Impeachment & Removal (3) Immunity (4) Executive Privilege(5)Pardon Power (b) Foreign Policy (1) Power as commander-in Chief to use American Troops in Foreign Countries (2) No Power to declare war but may act militarily in response (3) Treatise Power (4) Executive Agreements
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Presidential Appointment & Removal Powers
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(1) Appointment Power President Appoints (w/ Senate approval) Ambassadors Federal Judges Officers of the U.S. Congress may best Appointment of Inferior officers Congress may not give itself or its officers the appointment power.Removal Power President can fire any executive branch officer, HOWEVER after morrision Congress can limit President's removal power if office where independence from th president is desirable
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Impeachment and Removal who? why? process?
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1. Who? The President, the VP, federal judges and officers of the U.S. can be impeached and removed from the office2. Why? (i) treason, (ii) bribery, or for (iii) high crimes and misdemeanors. 3. ProcessàImpeachment in House of Reps THEN Trial in Senate a. Impeachment by the House of Representatives requires a majority vote;b. Conviction in the Senate requires a 2/3 vote.
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Presidential Immunity
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The President has absolute immunity to civil suits for money damages for any actions while in office. However, the President does NOT have immunity for actions that occurred prior to taking office.
|
|
|
Executive Privilege
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1. Executive Privilege- The President has executive privilege (not absolute) for papers and conversations, but such privilege must yield to other important government interests. a. i.e. privilege must yield to need for such materials as evidence in a criminal case, the determination is made by the trial judge hearing the case. (civil cases less need than criminal) National Security interests are given greater deference by the court
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Presidential Pardon Power
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1. Pardon Power-The President has the power to pardon those accused or convicted of federal crimes. a. No pardon (i) for offenses that lead to impeachment (ii) as to civil liability (civil contempt court)
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treatise and executive agreement & state and federal laws
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Senate Approval Required?Conflicts with State LawsConflicts with Federal StatutesConflicts with the ConstitutionTreatise:YES – To enter but not to void itTreaty ControlsLast in Time ControlsConstitution ControlsExecutive Agreements:NOAgreement ControlsFederal Statute ControlsConstitution Controls
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