Con Law - Bar Review

Front 1

Federal Judicial Power

Back 1

1. cases arising under the constitiution, federal law, treaties
2. cases affecting ambassadors, public ministers
3. admiralty juridiction
4. controversies to which the U.S. shall be a party
5. between states
6. between state and citizens of another state
7. citizens of different states (diversity)

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The 11th amendment

Back 2

Prohibits the citizens of one state from suing their own state or another state on federal claims for money damages, in federal cour or state court, without their consent.

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11th amendment

Exceptions

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1. Suits against state officials for abusing their power in enforcing an unconstitutional state statute
2. Fed suits brought by one state vs another state, or suits brought by the fed gov vs another state
3. Most suits for injunctive relief - citizen sues to enjoin a state offical from acting in violation of the plaintiff's constitutional rights
4. waiver

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Declaratory Judgment

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is a decision in which the court is requested to determine the legality of proposed condut without awarding damages or injuctive relief. Plaint must meet case and controverty test as well as RAMPS

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Mootness

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If a controversy or matter has been resolved, then the case will be dismissed as moot. No Case or Contrvsy.

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Mootness

Exceptions (2)

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1. Although the principal issue in a lawsuit has been resolved, if a party still has an interest in resolving collateral (lesser) matters, the case will not be dismissed. (back pay)
2. if the injury is "capable of repetiiton, yet evadign review" - a pregnant woman challenging abortion

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Ripness

Back 7

Sued to soon. There is no dispute yet.

The law has not affected the individual yet.

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Abstention

Back 8

(Definition: Deference to state courts

(a)The federal court may abstain if the meaning of a state law or regulation is unclear. In this situation, the state court might interpret the statute so as to avoid the constitutional issue.
(b)Where a state court proceeding is going on, the federal court will abstain from hearing the same matter

Front 9

Standing:

3 requirments

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1. injury in fact-actual or imminent
2.causation: the injury was caused by the challenged action, and the plaintffs rights arising under the constitution or federal law
3.redressablity: The plaintiff must show that he will benefit from the remedy sought in the litigation.

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Standing - 3rd Party

Requirments

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1. Must have a special relationship and
2. the party is unabel to bring suit for its self

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Standing - Association

An association has standing to asser the claims of its members, even if the association has not suffered an injury itseif..if...

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1. the members would otherwise have standing to sue in their own right
2.the interest asserted is germane to the association purpose, and
3. neither the claim asserted nor the relief requested would require participation by the individual members in the lawsuit.

Front 12

Political Quest

Def

Back 12

A pplitical question is a matter assigned to another branch by the constitution or incapeable of a judicial answer.

(a)Something in the constitution that the ultimate decision is given to someone else (congress or president) and not the S. court.


EXAMPLE:
The constitution says the Senate shall have the soul power to try impeachments. This is not a matter for the courts.

(b)Required decision is more political than judicial – it’s a political judgment

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Examples of political Quests

(5)

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1. the impeachment process
2. the amendment ratification process
3.the president's power to unilaterally terminate a treaty
4.foreign affairs
5.guaranty clause issues under Art. lV

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Adequate and Independent State Grounds

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Although a state court decision mya involve a federal question, if the state court judgment can be supported on an adequate and independent ground, the S.court will not take juisdiction. To do so would be to render and "advisory opinion"

Front 15

Supreme Court

Original Jurisdiction

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1. all cases affecting ambassadors, other pulic ministers
2. in cases which a state shall be a party.

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Supreme Court

Appellate jurisdiction

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exists where the federal constitution or a federal law are at issue.

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Methods of invoking Supreme Court appellate jurisdiction

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1. By appeal - mandatory by appeal of 3-judge federal district court
2. Wirt of Certiorari - disretionalry review where four or more justices vote to hear the case ( 4 types)

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Sp. court

Grounds for Certiroari: (4)

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1. conflicts between federal courts
2. conflicts betwen hightest courts of two states
3. conflict between hights state court and federal court appeals
4. important unresolved issues

Front 19

Congress’ Power Over the Courts

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(1)Lower Federal Courts: Congress completely controls lower fed courts.


(2)Supreme Court: Congress can not stop S.Court for hearing cases.


(3)Congress Cannot: Take a case out of the courts appellate jurisdiction and place it in its original case.

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Power of congress

Legislative Power

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a.Congress has the powers the Constitution gives it and no others.

Congress has the power only that the constitution give it.

(1)For a federal law to be constitutional:

(a)congress has the power to pass

(b)the law does not violate a person’s individual right.

(2)For a state law to be constitutional:
(a)the law does not violate a person’s individual right.

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Congress has three sources of power to legislate

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(1)Enumerated powers:
a.power to regulate commerce
b.tax
c.spend

(2)The Enabling Clauses of the 13th, 14th, and 15th Amendments:

Congress can enforce the amendment
(3)The Necessary and Proper Clause:

Congress has power to pass laws that allows them to enforce other enumerated powers.

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Commerce Power

Congress can regulate (3)

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1. channels of interstate commerce
2.instrumentalities of interstate commerce and
3. activities that substantially affect interstate commerce.

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commerce

Substantial effects test: congress must show (3)

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1.that the regulated activity is "economic" in nature and
2.that the regulated activity (when taken cumulatively throughout the nation) has a substantial effect on interstate commerce.

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Commerce Power

Limitation on Non-economic activies

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Congress can not use 3rd (substation effect) power to regulate non-economic activity.

EXAMPLE:
Possession of a handgun is not an economic activity.

EXAMPLE:
Violent crime is not an economic activity.

EXAMPLE:
Loansharking is considered an economic activity.

Front 25

Congress taxing power

valid exercise of the taxing power, provided that it falls in one of three categories:

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Valid if

1. objective – it does in fact raise taxes

2. subjective – tax was intended to raise revenue.

3. if congress have ability as a regulatory device (change behavior)

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The Supreme Court held that congress may place a condition on receipt of federal funds by a state if:

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1. the spending serves the general welfare of the United States
2.the condition i sunambiguous
3.the condition relates to the federal program
4.the state is not required to undertake unconstitiutional action and
5. the amount in question is not so great as to be considered coercive to the states acceptance.

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Congress

War and defense powers

(4)

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1. declare war
2. raise armies
3. maintain navy
4. organize militia

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Speech and Debate Clause

Back 28

Protection for congress – you can not punish the legislator that they say on the house or senate

Front 29

13th amendments

Back 29

bands slavery

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14th Amendment

Back 30

Prohibits states from

1. violating due process
2. equal protection
3. privileges and immuites

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15th amendment

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prohibits the states from discriminating in voting rights.

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To validly enforce these amendments, Congress:

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(1)For the 14th and 15th amendments only applies to states.

(2)Congress needs to show that states are violating whatever its enforcing.
(3)Federal law must be congruent and proportional to the act the fed amendment is prohibits.

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How can congress overcome the Soverign and Immunities clause?

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If there is valid 14th or 15th Amendment legislation, Congress can overcome sovereign immunity, which it cannot do otherwise.

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Executive Powers

Chief Executive (3)

Back 34

1. appointment
2. removal
3. veto

Front 35

Teaty vs Federal statute...who wins?

Back 35

Last in time prevals

Front 36

Does Executie agreements prevail over federal statutes?

Back 36

no

Front 37

Impeachment Power

What can get you impeached

Back 37

What can get you impeached:

1)Treason

2)Bribery

3)Other high crimes and misdemeanors

Front 38

A state enjoys immunity from federal taxation if the tax is applied to either:

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(1)That are unique to state governments

(2)Essential government action

If the state is engaged in an activity that a private citizen could do – then the state could be taxed.