Constitutional Law

Front 1

Art. III

Back 1

Fed courts have judicial power over "cases and controversies":

1. Arising under the Con and laws
2. Of Admiralty and maritime
3. In which the US is a party
4. Between two or more states
5. Between a state and a citizen of another state
6. Between citizens of different states.
7. Between citizens of the same state claiming lands under grants of diff states
8. Between a state or citizens thereof against foreign states, citizens etc.

Front 2

Basis of Abstention

Back 2

Unsettled State Law
Pending State Proceedings

Front 3

Political Questions

Back 3

1. Issues committed by the Con to another branch of government.

2. Issues inherently incapable of resolution and enforcement by the judicial process

Front 4

Common Standing Issues

Back 4

1. Congressional Conferral of Standing
2. Standing to enforce Government Statutes - Zone of Interests
3. Standing to Assert Rights of Others
4. Standing of Organizations
5. No Citizen Standing
6. Taxpayer Standing
7. Legislator's Standing
8. Assignee Standing

Front 5

Interstate Compact Clause

Back 5

Interstate agreements that increase the political power of the states at the expense of federal supremacy require the consent of Congress.

Front 6

What does the 11th Am bar?

Back 6

1. Actions against state governments for damages
2. Actions against state governments for injunctive or declaratory relief where the state is named as a party
3. Actions against state govs where retroactive damages will be paid out of the treasury or where the action is the functional equivalent of a quiet title action.
4. Actions against state gov officers for violating state law.

Front 7

Full Faith and Credit

Back 7

"Full faith and credit shall be given in each state to public acts, records, and judicial proceeds of every state." Requires: 1) court rendering judgment had jurisdiction 2) judgment was on the merits (not procedural) 3) judgment was final.

Front 8

What is not Barred by the 11th Am?

Back 8

1. Actions against Local Governments
2. Actions by the US Gov or other State Govs
3. BK proceedings

Front 9

Privileges and Immunities Clause

Back 9

Prohibits discrimination by a state against nonresidents. Protects only fundamental rights. Does not apply to corporations or aliens. May be valid, however, if state has substantial justification.

Front 10

Enumerated and Implied Legislative Powers

Back 10

1. Necessary and Proper "Power"
2. Taxing Power
3. Spending Power
4. Commerce Power
5. War and Related Powers
6. Investigatory Power
7. Property Power
8. BK power
9. Postal Power
10. Power over Citizenship
11. Admiralty Power
12. Power to Coin Money and Fix Weights
13. Patent/Copyright Power
14. No Fed Police Power

Front 11

Dormant Commerce Clause

Back 11

State may not regulate interstate commerce if 1) it discriminates against out-of-state competition to benefit local economic interests; and 2) it is unduly burdensome (the burden on interestate commerce outweighs the legitimate local benefits)

Front 12

War and Related Powers

Back 12

Economic Regulation
Military Courts and Tribunals
Calling Forth the Militia

Front 13

States Regulation of Commerce

Back 13

Valid if:
1) There is a substantial nexus between the taxpayer and the state;
2) the tax must be fairly apportioned; and
3) there must be a fair relationship between the tax and the services or benefits provided by the state.

Front 14

Power over Citizenship

Back 14

1. Power to Exclude
2. Naturalization and Denaturalization--Exclusive Control of Congress

Front 15

Privilege, License, Franchise, or Occupation Taxes

Back 15

Privilege, License, Franchise, or Occupation Taxes are known as "doing business" taxes. States can impose such taxes for the privilege of doing business within the state. May be measured by a flat amount or by a proportional rate based on revenue derived from the taxing state. Tax must have substantial nexus to state; fairly apportioned, and cannot discriminate.

Front 16

Limitations of Delegation Powers

Back 16

1. Power cannot be uniquely Congressional
2. Delegation must be intelligible for the delegate to follow.
3. Separation of Powers limitation.
4. Important Liberty Interests
5. Criminal v. Civil Punishment

Front 17

Import-Export Clause

Back 17

1) The import-export clause prohibits the states from imposing any tax on imported goods as such or on commercial activity connected with imported goods as such, except w/ congressional consent.
2) Import-export clause prohibits the states from imposing any tax on goods after they have entered the "export stream."

Front 18

Executive's Domestic Powers

Back 18

1. Appointment and Removal of Officers
2. Pardons
3. Veto Power
4. Power as Chief Executive

Front 19

Veto Power

Back 19

1. Congress May Override Veto by Two-Thirds Vote
2. President Has Ten Days to Veto
3. Line Item Vetoes Unconstitutional

Front 20

Power as Chief Executive

Back 20

Form Youngstown Sheet & Tube:

i) Where the Pres acts with the express or implied authority of Congress, his authority is at its maximum and likely to be valid.

ii) Where the Pres acts where Congress is silent, his action will be upheld as long as the act does not take over the powers of another branch or prevent the branch from carrying out its tasks

iii) Where the Pres acts against the express will of Congress, he has little authority and his action likely is invalid.

Front 21

Power of Judicial Review

Back 21

1. Review of other Branches of Fed Gov.

2. Fed Review of State Acts

Front 22

Appellate Jurisdiction

Back 22

1. Writ of Cert
2. Mandatory Appeal where appeal is taken from a decision by a three judge panel granting or denying an injunction.

Front 23

Policy of "Strict Necessity"

Back 23

1. No Advisory Opinions
2. Ripeness
3.Mootness
4.Standing
5. Adequate and Independent State Grounds
6. Abstention
7. Policy Questions
8. 11th Amendment limitations

Front 24

Supremacy Clause

Back 24

Federal law is supreme, and conflicting state law is rendered void.
May include commanding conduct inconsistent with the federal rule, or by forbidding conduct that the fed. rule is designed to foster. Conflict need not relate to conduct, sufficient if the state or local law interferes with achievement of a federal objective.

Front 25

Components of Standing

Back 25

1. Injury
2. Causation
3. Redressability

Front 26

Preemption

Back 26

State law fails if it appears that Congress intended to "occupy" the entire field. Factors:
1) Comprehensiveness - the more a federal scheme leaves uncovered, the less likely a finding of implied preemption.
2) Agency to Administer - When agency created, matters in its jurisdiction are generally preempted.

Front 27

SC Original Jurisdiction

Back 27

Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be a Party.

Front 28

SC Appellate Jurisdiction

Back 28

Constitution and laws; Admirality and maritime jurisidiction; U.S. is a party, Citizens of a the same state claiming lands under grants of different states;

Front 29

Original SCOTUS Jurisdiction

Back 29

Cases involving:

1. Ambassadors, Ministers, Consuls
2. States as parties