Con Law Review

Front 1

Supreme Court Jurisdiction

Back 1

- Review acts of other branches
- State supreme court decisions
- US court of appeals decisions

Why?
- Constitution is the supreme law of the land
- Needs to have a uniform interpretation

Front 2

Restraints on the Court

Back 2

- Political appointments
- Court packing of more justices
- Court stripping of jurisdiction
- Constitutional Amendments

Front 3

Mootness

Back 3

- Must be an injury at all stages of the suit

Exceptions:
- Capable of repetition, yet evading review (Abortion cases)
- Voluntary termination, with the possibility injury will recur

Front 4

Ripeness

Back 4

Court will not render decisions for suits where no injury has occurred yet
- No anticipatory relief

Exceptions:
- Hardship on party if no decision rendered

Front 5

Rule Against Advisory Opinions

Back 5

- Court will not give opinions to the executive or legislative branch for potential actions

Front 6

Political Questions

Back 6

- Some issues are not left for the court to decide

Examples:
- Impeachment
- Military policy
- Foreign relations

Front 7

Standing

Back 7

- Injury, causal link, redressability
- No 3rd party standing

For injunctive relief:
- Need likelihood of a repetitive injury

Front 8

Generalized Grievances

Back 8

- No standing for a tax payer unhappy about how money is being spent

Exception:
- Violating Establishment Clause - $ benefiting a religious group

Front 9

Congress' power to regulate commerce

Back 9

- Congress' right to regulate the movement of goods

Categories of regulation:
- Channels of commerce (Roads, internet, waterways, rails)
- Instrumentalities of commerce (Vehicles, trains, people)
- Substantial effect on commerce (economic or non-economic)
- Economic activities can be aggregated (Wheat case)

Front 10

Congress' power to regulate the states

Back 10

- Traditional activities are left to the states (hard to define)
- Political system will sort it out (people will go to their reps, vote)

Anti-Commandeering Principle:
- Congress can't compel state legislatures to make laws
- Congress can't compel state officials to enforce laws

Front 11

Congressional taxing and spending power

Back 11

- Can tax or spend if it is in the general welfare

Spending requirements:
- Conditions must be unambiguous and clear
- Grant and conditions must be related
- Can't coerce states to take the money

Front 12

Enforcing 14th A. upon private parties

Back 12

- 13th and 14th As. only apply to the states
- 14th A. Incorporation Clause Enforces Bill of Rights upon states

Enforceable upon private individuals:
- Public Function Approach (party serving a public function?)
- Nexus approach (state rep present)

Front 13

Enforcing 13th A. upon private individuals

Back 13

- Enabling clause prohibits virtually all forms of slavery and racially discrimination
- Badges and incidences of slavery

Front 14

Power of congress to enforce equal protection laws

Back 14

Congruent/Proportionality Test:
- Congress' laws must be congruent and proportional to what the Court says is unconstitutional

- Congress has no substantive power, only remedial

Front 15

State category of equal protection discrimination

Back 15

- Strict scrutiny (race) - must have a compelling justification that is narrowly tailored
- Intermediated scrutiny (gender) - persuasive justification
- Rational basis (other things) - state must have acted rationally

Front 16

Dormant Commerce Clause

Back 16

- Facially discriminatory laws (strict scrutiny - state must have a legitimate purpose that can't be achieved by non-discriminatory means)

- Facially neutral, but discriminatory impact (strict scrutiny)

- Facially neutral, but burden on interstate commerce (balance test)

Exceptions:
- State buys and sells in the market
- Congress consents to state's actions

Front 17

Preemption

Back 17

- Explicit: Congress expresses their intent to preempt state law

- Field: Congress has occupied the filed historically

- Conflict: Fed law preempts when it is impossible to comply with both; the state law is an obstacle to accomplish Gov's goals

Front 18

Executive Power

Back 18

- Only has law-executing power, not law-making
- Has President acted in systematic and unbroken way where Congress hasn't question acts?
- Lowest ebb of power when Congress expressly disproves
- Highest ebb when acting with constitutional and congressional power