Con Law - General

Front 1

Constitution
Law that Governs Law
Articles

Back 1

a. The Constitution is about law as opposed to something that simply tells people
what they can and can’t do.
b. Article I – A list of areas where the national government is allowed to legislate.
c. Article II – Deals with the executive branch (how it is established and what is the
scope of their authority)
d. Article III – The national judicial power – what courts are going to be set up at the
national level and how judges are selected.
e. Article IV – Federalist questions; how are the states required to deal with each
other?
f. Article V – Provides for the process of amending the constitution.

Front 2

Constitutional Interpretation
1. Precedent
2. Purpose
3. Interests

Back 2

1. Look at precedent
2. Look at the purpose of the law
3. Look at the best interests and decide which is the most important
(democracy, individual liberty, equality, federalism

Front 3

McCardle

Back 3

McCardle has a good case, but to prevent him from winning,
congress repeals the jurisdictional statute that allowed the supreme
court to rule on this case.

Front 4

Klein

Back 4

This case draws a distinction between the power of congress to draw the line on the court’s jurisdiction, and to tell a court how to decide a case once it

Front 5

Advisory Opinions

Justiciability
Court Imposed Limitations on Judiciary (self-regulation)

Back 5

No advisory opinions. This would usurp legislative power; court not politically accountable. SoP.

Front 6

"Actual Case or Controversy" Properly before the Court.

Justiciability
Court Imposed Limitations on Judiciary (self-regulation)

Back 6

Standing
Injury in fact (actual or personalized, which can be distinguished
Third party standing
from generalized harms that hurt everybody or society in general)
a. A taxpayer can challenge a tax statute but generally can’t
challenge the way tax revenue is being spent (unless there
would be no other way to challenge or litigate the proposed
harm)
b. Sometimes the judiciary uses this qualification to duck
issues that they would rather not rule on
c. The theory is that if a grievance is generalized, then the
people could replace the elected officials and change the
legislation.
2. The plaintiff must be able to show that the injury is caused or fairly
traceable to the defendant’s action complained of.
3. The plaintiff must show that the claim can be redressed by the
court.