Constitutional Law

Front 1

PART I: FEDERAL JUDICIAL POWER; I. JUSTICIABILITY DOCTRINES

Back 1

To hear dispute, federal court must be presented with "case or controversy" - with adversary and a fight in progress.

Front 2

PART I: FEDERAL JUDICIAL POWER; I. JUSTICIABILITY DOCTRINES - Define all four.

Back 2

There is (1) standing, (2) ripeness, (3) mootness, (4) political question.

Front 3

PART I: FEDERAL JUDICIAL POWER; I. JUSTICIABILITY DOCTRINES; A. Standing

Back 3

(1) Injury (must be PERSONAL and show likelihood of personal future harm; (2) Causation and Redressability (has to remedy injury; ruling must have effect); (3) No Third-Party Standing (must present personally suffered injuries; EXCEPTIONS: (a) close relationship; (b) injured can't assert own rights; (c) organizational standing - individual members must have standing and claim & relief can't require participation of members) (4) No generalized grievances (prohibition on "citizen or taxpayer standing")

Front 4

PART I: FEDERAL JUDICIAL POWER; I. JUSTICIABILITY DOCTRINES; B. Ripeness

Back 4

P must show that he will suffer (1) hardship and (2) issues are fit for judicial review.
General Question: Will court be better off deciding case in future?

Front 5

PART I: FEDERAL JUDICIAL POWER; I. JUSTICIABILITY DOCTRINES; C. Mootness

Back 5

"Controversy must be live" Except:
1) “Wrongs capable of repetition but evading review can be heard in court.”
(2) Voluntary cessation – not moot as it allows D to manipulate system.
(3) Class Action: Named P, action is not moot as long as one member of class has action.

Front 6

PART I: FEDERAL JUDICIAL POWER; I. JUSTICIABILITY DOCTRINES; D. Political Question

Back 6

Involves allegation of constitutional violations that Fed Court will not adjudicate.
(1) Cases under Article IV – Republican form of gov’t clause.
(2) Challenges to Presidential conduct of foreign policy and military.
(3) Challenges to impeachment and removal process.
(4) Challenges to party’s gerrymandering

Front 7

PART I: FEDERAL JUDICIAL POWER; II. SC REVIEW - A. Ways to get into SC

Back 7

(1) Cases from state courts and Federal Court of Appeals reach the SC through certiorari
(2) Review of 3-Judge Federal District Court: Where statute provides for SC review by appeal (Most have been repealed, except for voting rights act)
(3) Original and Exclusive Jurisdiction: suits between state gov’t

Front 8

PART I: FEDERAL JUDICIAL POWER; II. SC REVIEW - B. Final Judgment Rule

Back 8

SC will only hear case after FINAL judgment from (1) State High Courts; (2) Federal Appeals; (3) Three Judge District Courts.

Front 9

PART I: FEDERAL JUDICIAL POWER; II. SC REVIEW - C. Adequate and Independent State Law Grounds

Back 9

If state court decision rests on both state and federal grounds, SC will not hear case unless reversal of federal law grounds will change the result.

Front 10

PART I: FEDERAL JUDICIAL POWER; III. LOWER FEDERAL COURT REVIEW; A. Sovereign Immunity

Back 10

Eleventh Amendment bar suits against STATES in federal courts. State governments cannot be sued in state court, even under federal claim. There are five exceptions:
(1) Waiver: States’ waiver must be EXPLICIT.
(2) Federal Statues adopted by Congress; states may be sued under Section 5 of Fourth Amendment. Congress CANNOT override sovereign immunity using any other power such as Commerce Clause.
(3) Federal government may sue state governments. No individuals.
(4) Bankruptcy Proceedings.
(5) State officers can be used for money damages and injunctive relief in their official capacity; state officers cannot be sued if state treasury will be liable as well.

Front 11

PART I: FEDERAL JUDICIAL POWER; III. LOWER FEDERAL COURT REVIEW; B. Absention

Back 11

(Rarely tested): Federal Courts may not enjoin PENDING state court proceedings.

Front 12

PART II: FEDERAL LEGISLATIVE POWER; I. THERE IS NO GENERAL FEDERAL POLICE POWER

Back 12

A. Congress may act only if there is express or implied authority; only state and local gov’t have police power.
B. Four Exceptions: Congress has police power when legislating: (1) Military; (2) Indian Reservations; (3) Federal Lands and Territories; (4) District of Columbia

Front 13

PART II: FEDERAL LEGISLATIVE POWER; II. TAXING AND SPENDING AND THE COMMERCE CLAUSE

Back 13

A. Congress can tax and spend for the general welfare.
B. Congress has the power to regulate interstate commerce with:
(1) foreign nations;
(2) Native American tribes;
(3) Among states Congress may regulate: (1) Channels of Commerce: highways, waterways, internet (2) Instrumentalities of commerce: persons or things in interstate commerce; (3) Activities with a substantial effect on interstate commerce: e.g. economic activities
Note: Don’t forget that economic activity can be aggregated and you mustn’t pile “inference on inference.”
TIP: Regulation of economic activity will be upheld; regulation of non-economic is unlikely to upheld w/o clear and direct evidence the activity substantially affects interstate commerce, without aggregation.

Front 14

PART II: FEDERAL LEGISLATIVE POWER; III. SECTION FIVE OF THE FOURTEENTH AMENDMENT

Back 14

A. Interaction with Section 1 of the Fourteenth Amendment: Under Section 5 of the Fourteenth Amendment, Congress has the power to pass laws to enforce Section 1 of the Fourteenth Amendment.
(1) Congress cannot create new rights or expand scope of rights under Section 1.
(2) Congress can act to prevent violation of rights.
(3) Laws passed pursuant to Section 5 will be upheld if laws are congruent and proportional to preventing or remedying violations of Fourteenth Amendment.

Front 15

PART II: FEDERAL LEGISLATIVE POWER; IV. NECESSARY AND PROPER CLAUSE

Back 15

Congress can do what is necessary and proper to effectuate powers as long as means are not prohibited.

Front 16

PART II: FEDERAL LEGISLATIVE POWER; V. TENTH AMENDMENT – RESTRAINT ON CONGRESSIONAL POWER

Back 16

Powers not granted to federal government or prohibited to states are reserved to states or people.
A. Congress cannot compel or commandeer state legislative or regulatory activity.
B. Congress can induce states to act by attaching strings to grants as long as conditions are CLEAR and RELATED to purposes of federal government.