Z

Front 1

organization standing

Back 1

organization can sue on behalf of its members if:
1. its members would otherwise have standing to sue in their own right

2. the interests it seeks to protect are germane tot he organization's purpose and

3. neither the claim asserted nor the relief requested requires the participation of individual members in the lawsuit.

Front 2

Marbury v. Madison

Back 2

Court has power to declare unconstitutional acts of other branches of government. but it didnt.

Adams nominates 42 new justices of the peace. Chief justice signs the commissions but they were not delivered. Jefferson becomes pres. and ordered sec. of state(madison) not to deliver. Marbury brings suit for a writ of mandamus base on Judiciary Act of 1789 allowing writs of mandamus to be heard by supreme court.

Marshall holds that the Act changed original jurisdiction of the court and thus cannot provide a writ of mandamus, but the law required delivery because marbury had a vested legal right as the commission was signed and sealed, just not delivered.

Front 3

Fletcher v. Peck

Back 3

Court has power to declare state statutes unconstitutional

In the course of the westward push for the control of Indian lands, the state of Georgia took from the Indians a 35-million-acre (140,000 km2) region in the Yazoo River area known as the Yazoo Lands. This land later became the states of Alabama and Mississippi. In 1795, the Georgia legislature divided the area into four tracts. The state then sold the tracts to four separate land development companies for a modest total price of $500,000, i.e. about 1.4 cents per acre ($3.46/km2), a good deal even at 1790s prices. The Georgia legislature overwhelmingly approved this land grant, known as the Yazoo Land Act of 1795.

It was revealed that the Yazoo Land Act sale to private speculators had been approved in return for bribes. Voters rejected most of the incumbents in the next election, and the next legislature, reacting to the public outcry, repealed the law and voided transactions made under it.

John Peck had purchased land that had previously been sold under the 1795 act. Peck sold this land to Robert Fletcher and in 1803, Fletcher brought suit against Peck, claiming that he did not have clear title to the land when he sold it. The case reached the Supreme Court, which in a unanimous decision ruled that the state legislature's repeal of the law was unconstitutional.

Front 4

Martin v. Hunter's Lessee

Back 4

Court has power to review the judgment of state courts that fall within the federal judicial power.

Martin claimed title to land in VA based on inheritance from British citizen. Hunter attempted to claim title saying VA legislation allowed him to confiscate property. Martin relied on treaty b/t US and GB. Hunter claimed land taken before treaties went into effect. VA court ruled in fovor of Hunter. USSC steps in and says it can review judgements of state courts that fall within federal judicial power. USSC rules that treaties are supreme over state action

Front 5

Youngstown sheet

Back 5

Truman directed sec of commerce to seize and operate nation's steel mills. to avoid effects of a strike.

not justified by commander-in-chief powers because action was too far removed from the theater of war to be covered.

also, not authorized by pres's inherent power to enforce laws becasue congress had not yet enacted a law.

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3 categories of presidential authority in youngstown sheet

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1. Pres. is at the height of his authority when he acts with express or implicit authorization from congress.

2. Pres operates in a "zone of twilight" when he acts in the absence of either a congressional grant or denial of power

3. Pr's authority is "at its lowest ebb" when he acts in contradiction of the express or implied will of congress.

Front 7

Analyzing 11th amendment problems

Back 7

1. Who is Plaintiff?
2. Is State a ∆?
3. What relief is sought?

Front 8

Analyzing 11th amendment problems--1. Who is Plaintiff?

Back 8

1. 11th am applies to all PRIVATE plaintiffs but not another state or the fed gov. as a π

Front 9

analyzing 11th amendment problems--is state a ∆?

Back 9

2. only applies to cases against states(i.e. sate govt, agencies of state NOT political subcivisions, municpal corporations, counties, school boards, or state officers sued in their official capacity UNLESS action requires officer (1) be ordered to pay funds from state's treasury for wrongful acts of the state or (2) return property Ex parte Young

Front 10

analyzing 11th amendment problems-3. what relief is sought?

Back 10

applies to Damages, past debt, retroactive relief of any type.

does not apply to injunctive/declarative relief or suits against state officials if suit seeks to force them to conform their conduct to federal, not state law

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analyzing 11th amendment problems-4. has state waived immunity?

Back 11

Yes:
Express--in legislation itself

Implied--willfully engaging in federally regulated activities that are not essential state functions


No: participation in a federal program (e.g. accepting federal funds in the absence of an explicit congressional requirement that doing so constitutes a waiver)

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analyzing 11th amendment problems-5. Does a congressional grant of jurisdiction apply?

Back 12

Federal statutes based on congressional power to enforce the 14th amendment are not subject to the 11th amendment bar.