Constitutional Law

Front 1

Article III Federal Judicial power extends to cases involving what?

Back 1

(1) INTERPRETATION of the Constitution, federal laws, treaties, and admiralty and maritime laws and

(2) DISPUTES between states, states and foreign citizen, and citizens of diverse citizenship

Front 2

What is Judicial Review?

Back 2

The Supreme Court may review the constitutionality of acts of other branches of the federal government. It may also review state acts pursuant to the Supremacy Clause

Front 3

What are Article III courts?

Back 3

Only Art. III courts are the courts established by Congress pursuant to Article III. Judges have life tenure in Article III courts.

Front 4

What is the relationship between the Article III courts and Congressional Power?

Back 4

Congress has power to define the original and appellte jurisdiction of the Article III courts but is bound by the standards set forth in Article III as to subject matter and party jurisdiction and the req. of a "case or controversy".

Front 5

What types of Courts may Congress create beside Article III Courts and what is the nature of those courts?

Back 5

(1) Congress may create courts under Article 1 (administrative courts).

(2) Judges in those courts do not have life tenure and

(3) Congress may not assign to Article I courts jurisdiction over cases that have traditionally been tried in Article III Courts

Front 6

What is Original Jurisdiction?

Back 6

The SC has original jurisdiction in all cases affecting:
(1) ambassadors
(2) public ministers
(3) consols and
(4) those in which a state is a party.

Note that Congress has given concurrent jurisdiction to lower federal courts in all cases except those between states.

Front 7

What is Appellate Jurisdiction?

Back 7

The SC has appellate jurisdition in all cases to which federal power extends subject to congressional excepions and regulation.

Front 8

What are the ways a csse can come to the SC?

Back 8

There are 2 ways

(1) Writ of Certiorari-Most cases
The SC has complete DISCRETION to hear cases that come by cert.

(2) Appeal Rare cases
The SC MUST hear cases that come to it by appeal. These cases are confined to decisions by three-judge federal district court panels that grant or deny injunctive relief.

Front 9

The cases that come by cert are?

Back 9

(1) Cases from STATE COURT where (i) the constitutionality of a federal statute, federal treaty , or state statute is in issue, oe (ii) a state statute allegedly violates federal law.

(2) All cases from federal courts of appeals

Front 10

Whether a case is" justiciable" (a federal court may address it) depends on whhat?

Back 10

Whether there is a "case or controversy".

Front 11

What are the other 8 "justiciable" limitations on federal court jurisdiction?

Back 11

For a case to be justicable, there must be:

(1) No advisory Opinion
(2) Ripeness
(3) Mootness
(4) Standing
(5) Adequate and Independent State Grounds
(6) Abstention
(7) Political Questions
(8) 11th Amendment Limits on Federal Courts

Front 12

What is meant by "No Advisory Opinions"?

Back 12

There must be PRESENT HARM or threat of specific future harm. Federal courts can hear legal actions for declaratory relief if there is an actual dispute between parties having adverse legal interests. However complainants must show that they have engaged in specific conduct an that the challenged action poses a REAL AND IMMEDIATE DANGER to their interests.

Front 13

What is meant by "Ripnesss"?

Back 13

A P is not entitled to review of a statute or regulation beofre its enforcement unless the P will suffer some IMMEDIATE THREAT OF HARM.

Front 14

What is meant by "Mootness"?

Back 14

A real controversy must exist as all stages of review. If the matter has been resolved, the case will be dism issed as moot.

Front 15

What are the 3 exceptions to the "Mootness" requirement?

Back 15

(1) Controversies capable of repetition but evading review are not moot (abortion) or

(2) A D who voluntarily stops the offending practice but is free to resume.

(3) Class Actions: A class representative may continue to pursue a class action after the representative's controversy has become moot if claims of other class members are still viable.

Front 16

Exam tip to help with the understanding of Ripeness and mootness?

Back 16

Ripeness bars consideration of claims BEFORE they have been developed; mootness bars consideration AFTER they have been resolved.

Front 17

What is "standing"?

Back 17

Standing is where the person must have a concrete stake in the outcome of a case.

Front 18

What are the 3 elements of standing? The Standing test

Back 18

What are the 3 elements of standing?



(1) INJURY: P must show that they have been or will be DIRECTLY and PERSONALLY injured by the government action, which affects their rights under the Constitution or federal law. The injury need not be economic.

(2) CAUSATION: There must be a causal connection between the injury and the conduct complained of.

(3) REDRESSABILITY: A decision in the litigant's favor must be capable of eliminating their grievance.

Front 19

CONSTITUTIONAL AND SELF-IMPOSED LIMITATIONS N EXERCISE OF FEDERAL JURISDICTION---"STRICT NECESSITY"

Exam tip to help with the Standing?

Back 19

Remember that standing just allows the P to get into court. Thus, a successful ruling on the standing issue does not mean that the P wins the suit; it merely means that he gets an opportunity to try it.

Front 20

What are the 6 common Standing issues?

Back 20

(1) Congressional Conferral of Standing
(2) Standing to Enforce Government Statutes
(3) Standing to Assert Rights of Others
(4) Standing of organizations
(5) No Citizenship Standing
(6) Taxpayer Standing Requisites

Front 21

A common Standing issue is Congressional Conferral of Standing. What is it?

Back 21

Congressional Conferral of Standing is where a federal statute creates new interests, injury to which may be sufficient for standing. However, Congress has no power to eliminate the case or controversy requirement and thus, cannot grant standing to someone not having an injury.

Front 22

A common Standing issue is Standing to Enforce Government Statutes. What is it?

Back 22

Standing to Enforce Government Statutes is where a P may have standing to enforce a federal statute if they are w/in a "ZONE OF INTERESTS" Congress meant to protect.

Front 23

A common Standing issue is Standing to Assert Rights of Others. What is it?

Back 23

Standing to Assert Rights of Others is generally where one cannot assert the constitutional rights of others to obtain standing, but a CLAIMANT WITH STANDING in their own right may also assert the rights of a 3rd party if (i) It is difficult for the 3rd party to assert their own rights (e.g., an association may attack a law req. disclosure of membership lists b/c members cannot attack the law w/o disclosing their id's or (ii) a special relationship exists between the claimant and the 3rd party (e.g., a dr. can assert a patient's rights in challenging an abortion restriction).

Front 24

A common Standing issue is Standing of organizations. What is it?

Back 24

Standing of organizations is where an organization has standing if (i) there is an injury in fact to members that gives them a right to sue in their own behalf, (ii) the injury is related to the organization's purpose AND (iii) individual participation in the lawsuit is not required.

Front 25

A common Standing issue is No Citizenship Standing. What is it?

Back 25

No Citizenship Standing is where people have n standing merely as "citizens" to claim that government action violates federal law or the Constitution. The injury is too generalized.

Front 26

A common Standing issue is Taxpayer Standing Requisites. What is it? Note the exception.

Back 26

Taxpayer Standing Requisites is where although a tax payer has standing to litigate their tax bill, the tax payer generally has no standing to CHALLENGE GOVERNMENT EXPENDITURES, b/c the taxpayer's interests is too REMOTE. The exception is suits attacking taxing and spending measures on First Amendment ESTABLISHMENT CLAUSE grounds (e.g. federal expenditures to aid parochial schools).

Front 27

Exam tip to help with the understanding of taxpayer standing?

Back 27

For a taxpayer to have standing, the SPENDING POWER must be involved. Thus for example, there is no standing to challenge federal government grants of surplus property to religious groups.

Front 28

What is Adequate and Independent State Grounds?

Back 28

The SC will not exercise jurisdiction if the sate court judgment is based on adequate and independent state law grounds---even if federal issues are involved. State law rounds are ADEQUATE if they are filly dispositive of the case. They are INDEPENDENT if the decision is not based on federal case interpretations of identical federal provisions. When the state court has not clearly indicated that its decision rests on state law, the SC may hear the case.

Front 29

What is Abstention?

Back 29

Unsettled Question of Sate Law:
A federal court will temporarily abstain from resolving a constitutional claim when the disposition rests on an unsettled question of state law.

Pending State Proceedings:
Federal courts will not enjoin pending state CRIMINAL proceedings except in cases of proven harassment or productions.

Front 30

What is the Political Question docrine?

Back 30

Political questions will not be decided. These are issues that are either

(i) constitutionally commited to a co-equal branch of government or

(ii) inherently uncapable of judicial resolution.

Front 31

Examples of what are and what are not Political Questions?

Back 31

Challenges based on the "republican Form of Government" Clause of Article IV, challenges to congressional procedures for ratifying constitutional amendments, and the President's conduct of foreign policy are political questions.

Compare---Nonpolitical Questions: Legislative apportionment, arbitrary exclusion of a congressional delegate, and production of presidential papers and communications are not political questions.

Front 32

What are the Eleventh Amendment Limits on Federal Courts?

Back 32

The Eleventh Amendment prohibits FEDERAL COURTS from hearing a private party's or foreign government’s claims against a state government.

Front 33

What is barred under the Eleventh Amendment?

Back 33

The prohibition extends to actions in which the state is named as a party or in which the state will have to pay retroactive damages. Similarly, the SC has held that the DOCTRINE OF SOVEREIGN IMMUNITY BARS suits against a state government in state court, even on federal claims, unless the defendant state consents.

Front 34

What is not barred under the Eleventh Amendment?

Back 34

The prohibition does not extend to actions against local governments, actions by the US or other states, or discharge of a state's claim against a debtor in federal bankruptcy court.

Front 35

What are the exceptions to Eleventh Amendment immunity?

Back 35

Certain actions against state officers. The following actions can be brought against state officers in federal court despite the Eleventh Amendment. (i) Actions to enjoin an officer from further conduct that violates the Constitution or federal law, even if this will require prospective payment from the state and (ii) actions for damage against an officer personally (2) When the State consents to the suit and (3) Congress can removes the Immunity as to actions created under the 14th Amendment, but it must be unmistakably clear that Congress intended to remove the immunity.

Front 36

When can Congress act under its power?

Back 36

The Federal government has limited powers. Every exercise of federal power must be traced to the Constitution. Thus Congress has the power to make all laws necessary and proper to carry out all powers vested in the federal government.

Front 37

What are the 14 Enumeratred and Implied Powers

Back 37

(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) No Federal Police Power
(9) Bankruptcy Power
(10) Postal Power
(11) Power Over Citizenship
(12) Admiralty Power
(13) Power to Coin Money and Fix Weights and Measures
(14) Patent/Copyright Power

Front 38

What is the Necessary and Proper Power?

Back 38

Congress has the power to make all laws necessary and proper for executing ANY power granted to ANY branch of the federal government.

Front 39

EXAM TIP: Necessary and Proper Clause.

Back 39

The necessary and Proper Clause alone cannot support federal law. It must work in conjunction with another federal power. Thus, an answer choice that states that a law is supported by the Necessary and Proper Clause (or is valid under Congress's power to enact legislation necessary and proper) will be incorrect unless another federal power is linked to it in the question.

Front 40

What is the Taxing Power?

Back 40

Congress has the power to tax, and most taxes will be upheld if they bear some REASONABLE RELATIONSHIP TO REVENUE PRODUCTION or if Congress has the POWER TO REGULATE the activity taxed. However neither Congress nor the states may tax exports to foreign countries.

Front 41

What is the Spending Power?

Back 41

Congress may spend to "provide for the common defense and general welfare." Spending may be for ANY PUBLIC PURPOSE.

Front 42

EXAM TIP: Spending Power Clause.

Back 42

The federal government can tax and spend for the general welfare; it cannot directly legislate for it. Thus, non-spending regulations cannot be supported by the General Welfare Clause. Also note that the power to spend for the general welfare is broad (any public purpose) it is still limited by the Bill of Rights and other constitutional provisions.

Front 43

What is the Commerce Power?

Back 43

Congress has the EXCLUSIVE power to regulate all foreign and interstate commerce. To be w/in Congress’s power under the Commerce Clause, a federal la regulating interstate commerce must either:

(i) REGULATE THE CHANNELS of interstate commerce

(ii) REGULATE THE INSTRUMENTALITIES of interstate commerce and persons and things in interstate commerce; or

(iii) REGULATE ACTIVITIES THAT HAVE A SUBSTANTIAL EFFECT on interstate commerce.

If Congress attempts to regulate non-economic (i.e., noncommercial) INTRASTATE activity, the federal government must prove to the court that the activity in fact AFFECTS interstate commerce.

Front 44

What is the War and Related Powers?

Back 44

The Constitution gives Congress power to declare war, raise and support armies and provide for and maintain a navy.

Front 45

What is the Investigatory Power?

Back 45

The power of Congress to investigate is implied. Investigation must e expressly or impliedly authorized by the appropriate congressional house.

Front 46

What is Congress's Property Power?

Back 46

Congress has the power to dispose of and make rules for territories and other properties of the US. While there is no express limitation on Congress’s power to DISPOSE of property, federal TAKINGS (eminent domain) must be for the purpose of effectuating an enumerated power under some other provision of the Constitution.

Front 47

What is No Federal Police Power?

Back 47

Congress has no general police power. However, Congress has police power type powers over Washington DC, federal lands, military bases, and Indians reservations (based on its power over the capital and its property power).

Front 48

EXAM TIP: Police Power.

Back 48

If an answer choice attempts to support federal action on the basis of the police power (e.g., "Congress can constitutionally act under the police power" or "the action is valid under the federal police power"), see whether the facts state that the action pertains to the District of Columbia or other federal possessions. If not, it is a wring choice.

Front 49

What is Bankruptcy Power?

Back 49

Congress's power to establish uniform rules for bankruptcy is nonexclusive; states may legislate in the field as long as their laws do not conflict with federal law.

Front 50

What is Postal Power?

Back 50

The postal power is exclusive. Under the postal power, Congress may validly classify and place reasonable restrictions on use of the mails but may deprive any citizen or group of citizens of the general mail "privilege".

Front 51

What is Power over Citizenship?

Back 51

Congress may establish uniform rules of naturalization. This gives Congress plenary power over aliens. Aliens have no right to enter the US and can be refused entry summarily b/c of their political beliefs. However, RESIDENT ALIENS are entitled to NOTICE AND A HEARING before they can be deported. NATURALIZATION AND DENATURALIZATION: Congress has EXCLUSIVE power over naturalization and denaturalization. However, Congress may not take away the citizenship of any citizen-native born or naturalized-w/o his consent.

Front 52

What is Admiralty Power?

Back 52

Congress's admiralty power is plenary and exclusive unless Congress leaves maritime matters to state jurisdiction.

Front 53

What is the Power to Coin Money and Fix Weights and Measures?

Back 53

Congress has the power to coin money and fix standards for weights and measures.

Front 54

What is the Patent/Copyright Power?

Back 54

Congress has the power to control the issuance of parents and copyrights