Constitutional Law I

Front 1

cases and controversies

Back 1

i.e. case must be justiciable; federal courts do not render advisory opinions

 

4 requirements:

1) standing

2) ripeness

3) mootness

4) no political questions

Front 2

standing definition

Back 2

issue of whether the plaintiff is the proper party to bring a matter to the court [applies at all stages of trial]

Front 3

4 requirements of standing

Back 3

1) injury: plaintiff must allege and prove that he has been injured or imminently will be injured

2) causation [redressibility]: plaintiff must allege and prove that D caused the injury and a favorable court decision will remedy the harm

3) no third party standing: Ps must have personally suffered the harm

4) no generalized grievances: P must not be suing solely as a citizen or taxpayer interested in having the government follow the law

Front 4

injury in fact

Back 4

P must allege and prove that he has been injured or imminently will be

-not established with mere ideological objection

-injury must have been personally suffered by P

-P seeking injunctive or declaratory relief must show a likelihood of future harm

Front 5

likelihood of future harm

Back 5

Ps seeking injunctive or declaratory relief must show a likelihood of future harm to them

Front 6

what is one of the best standings in an MBE question

Back 6

economic damages

Front 7

causation definition

Back 7

P must allege and prove that D caused the injury so that a favorable court decision is likely to remedy the harm; redressability

Front 8

3 exceptions to third party standing ban

Back 8

1) allowed if there is a close relationship between P and the injured third party so that P can adequately represent the interests of the third party [doctor-patient, no NON-custodial parent]

 

2) injured party is unlikely to assert their own rights

 

3) org. may sue for its members if i) members could have standing; ii) interests are germane to orgs purpose; and iii) neither the claim nor relief requires participation of the members

Front 9

2 exceptions to ban on generalized grievances

Back 9

1) taxpayers have standing to challenge govt expenditures as violating the Establishment clause [but no standing to challenge a law granting tax credits to persons who contribute to orgs that provide scholarships to students attending private schools; not a transfer of govt funds]

 

2) person can allege that federal action violates 10A by interfering with the powers reserved to the states [so long as P has injury in fact and redressability]

Front 10

ripeness definition

Back 10

question of whether a federal court may grant pre-enforcement review [declaratory judgments]

 

P must show:

1) hardship will be suffered without pre-enforcement review; and

2) fitness of the issues and the record for judicial review

Front 11

mootness definition

Back 11

if events after the filing of a lawsuit end P's injury, the case must be dismissed as moot [no longer a live controversy]; a non-frivolous money damages will keep the case alive

Front 12

3 mootness exceptions

Back 12

1) a case capable of repetition that evades review because of its inherently limited time duration [abortion cases]

 

2) voluntary cessation: someone stops doing something but could again

 

3) class action: as long as a member still has a claim

Front 13

political question doctrine

Back 13

refers to constitutional violations that the federal courts will not adjudicate: 

1) republican form of govt

2) challenges to President's foreign policy

3) challenges to impeachment and removal

4) challenges to political gerrymandering

Front 14

3 concerns of Supreme Court review

Back 14

1) virtually all cases come to the SC by writ of certorari

2) generally SC may only hear cases after there has been a final judgment of highest state court or of a US Court of Appeals or a three-judge federal district court

3) for SC to review a state court decision, there must not be independent and adequate state sounds

Front 15

where does the Supreme Court have original and exclusive jurisdiction

Back 15

suits between states

Front 16

mandatory review for Supreme Court

Back 16

three judge panel

Front 17

final judgment rule

Back 17

SC only hears cases after there has been a final judgment of highest state court or of US Court of Appeals or of a three judge federal district court

 

-no interlocutory review

Front 18

independent and adequate state grounds

Back 18

if a state court decision rests on two grounds, one state law and one federal, if SC reversal of the federal law would not change anything, then the SC will not review

 

Front 19

federal courts may not hear suits against...

Back 19

state governments [not local governments]

Front 20

11A bars

Back 20

suits against states in federal court

 

-state governments cannot generally be named as D in federal courts [whether citizen is from the state or a different state and whether the lawsuit is for money or injunction]

Front 21

sovereign immunity bars suits against states in:

Back 21

state court

Front 22

4 exceptions to state immunity:

Back 22

1) waiver is permitted: a state must expressly consent to be sued

 

2) states may be sued pursuant to federal laws adopted under § 5 of 14A; Congress cannot authorize suits against states under any other constitutional provision

 

3) federal govt may sue state governments

 

4) bankruptcy proceedings 11A does not applu to federal laws exercised purusnat Congress's baknruptcy powers

 

Front 23

are suits against state officers allowed even if suits against the state are not?

Back 23

yes; officers may be sued for injunctive relief or for money damages from their own pocket; cannot be sued if relief is from the state treasury

Front 24

abstention definition

Back 24

federal courts may not enjoin pending state court proceedings [unless bad faith]

Front 25

there must be X or X congressional power

Back 25

expressed or implied

Front 26

does Congress have a police power?

Back 26

no

 

exceptions: MILD

1) military

2) inidian reservations

3) lands [federal]

4) DC

 

Front 27

taxing and spending power

Back 27

Congress may tax and spend for the general welfare [not an actual power of Congress]

 

Front 28

Congress has power to regulate commerce with:

Back 28

1) foreign nations

 

2) indian tribes

 

3) among the states

Front 29

when may Congress act under the Commerce clause? 4 examples

Back 29

1) Congress may regulate channels of interstate comerce [highways, waterways, internet]

 

2) Congress may regulate instrumentalities [persons and things]

 

3) Congress may regulate commercial/economic activties that have substantial effect on interstate commerce [non-economic or commercial things cannot be viewed in the aggregate]

 

4) Congress cannot compel activity under the clause

Front 30

10A:

Back 30

is a limit on Congressional power; states that all powers not granted to the US, nor prohibited to thestates, are reserved to the states or the people

 

Front 31

Congress and 10A

Back 31

1) Congress cannot compel state regulatory or legislative action

 

-can use purse strings so long as it is expressly stated and not unduly coercive

 

2) Congress may prohibit harmful commercial activity by state govts

 

Front 32

15A

Back 32

limitation on both the states and federal government by prohibiting them from denying any citizen the right to vote based on race or color

 

-enabling clause allows Congress to adopt legislation protecting the right to vote from discrimination

 

Front 33

does there exist a limit on Congress's ability to delegate legislative power?

Back 33

no.

Front 34

may Congress delegate executive power to itself or others?

Back 34

no.

 

Front 35

treaties definition

Back 35

agreements by the US and a foreign country that are negotiated by President and are effective when ratified by the Senate

Front 36

what happens if a federal law an treaty conflict?

Back 36

the one latest adopted wins

Front 37

what happens if a treaty conflicts with the Constitution?

Back 37

invalid

 

Front 38

executive agreement defintion

Back 38

FAKE TREATY

 

agreement between the US and a foreign country that is effective when signed by the President and the head of the other nation

Front 39

for what purposes can executive agreements be used?

Back 39

any purpose

 

Front 40

do executive agreements supersede federal laws?

Back 40

no; only state laws

Front 41

appointment power definition

Back 41

the President appoints ambassadors, federal judges, and officers altho the Senate must approve

Front 42

Unless removal is limited by statute, the President may fire:

Back 42

any executve branch official

Front 43

For Congress to limit removal, it must be:

Back 43

1) an office where independence from the President is desirable; and

 

2) Congress cannot prohibit removal; can only require good cause shown