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Article III Courts have judicial power over
All cases and controversies
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What are cases and controversies?
- 1. Arising under the Constitution, Laws, and Treaties
- 2. Maritime jurisdiction
- 3. In which the U.S. is a party
- 4. Between two or more states
- 5. State and citizen of another state
- 6. Citizens of different states
- 7. Btwn state or citizens and foreign entities
- Constitution, Federal law, and treaties trump
- State law
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Article III Courts
SCOTUS, Ct of Appeals, and district courts
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Article I courts
Tax and other administrative courts
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Original jurisdiction The Supreme Court of the United States
Ambassadors, ministers, consuls and those which a state shall be a party.
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Concurrent Federal Jurisdiction
May be given Congress, but may not restrict or enlarge Article III courts
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Mandatory Appeal to SCOTUS
Those made by a three judge federal district court panel
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Article III limits
Congress may limit, but must leave other avenues for review
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Advisory opinions
Ct will not issue
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Declaratory judgments
A challenged action poses a real and immediate danger to the interest of the party. Ct will issue.
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Ripeness – when will court hear
- Court will not hear unless there is an immediate threat of harm
- Exceptions to ripeness
- Capable of repetition but evading review
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Mootness – when will court no longer hear
Real or live controversy at all stages of review
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Standing
Concrete stake in the outcome or controversy
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Components of standing
- Injury (need not be economic)
- Causal connection
- Redressability
- Required at all stages
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Standing to assert rights of others
- Third parties find it difficult to assert their own rights
- Plaintiff injury involves their relationship with a third party
- Limitations – family law
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Organizational standing
- Injury in fact to the members
- Related to the organization’s purpose
- Neither the nature of the claim or the lawsuit requires a member participate
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Taxpayer standing
Generally no standing as congress has broad powers in taxation and spending
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Adequate and independent state grounds
Any state decision must be fully dispositive and based on state court would have decided the same way without the federal question
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Enjoin
Instruction from the court
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Will the court enjoin state courts
No, the federal courts will not instruct on pending criminal proceedings
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Political questions
- issues committed to another branch of government OR incapable of being resolved by judicial process
- Barred by 11th Amendment
- Action against state government for damages
- Injunctive or declaratory relief where state is a party
- Retroactive damages from state treasury or quiet title action
- Actions against state officials for violating STATE LAW
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Exceptions to the 11th Amendment
- Injunctions against state officers
- Personal damages from state officers pockets
- Actions for prospective payments from state
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14th Amendment
Incorporates most of the Bill Of Rights to the states
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Necessary and proper clause
Not a power by itself, merely gives power to use their other ones
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Taxing power
Taxes must be uniform
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Export taxes
Neither congress nor the state can do
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Tax power validity
ALWAYS VALID
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Spending power may be used for
ANY public purpose
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Regulation through spending
Congress may attach strings to regulate in areas they are not usually permitted
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Commerce power
Nearly unlimited regulatory power on interstate commerce for anything with an substantial economic effect upon commerce
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Commerce channels
Regulate the channels of commerce
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War – economic regulation
May regulate during war and after to remedy wartime disruptions
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Military courts – judicial review
Generally federal courts have no power to review
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Court martial jurisdiction
Military have jurisdiction over all acts committed by military members
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Witness rights 5th Amendment
- Self-incrimination
- Relevant evidence – pertinent
- Procedural due process – counsel and cross examination
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Congressional property power
- Power to acquire and dispose of property of all kinds
- No limits on disposition
- Eminent domain allowed
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Federal Police Power
None, police power is the health, welfare or morals of citizens
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Bankruptcy power
Article I section 8
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Postal Power
Exclusive and reasonable restrictions that may not deprive
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Admiralty power
Exclusive navigable waterways
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Delegation of power
Brad delegation allowed to administrative agencies
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Defamatory statements on congressional floor
Absolutely privileged
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Republication of defamatory statements on the congressional floor
Not protected speech
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Presidential appointment
Ambassadors, judges, public ministers – no appointment by congress
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Presidential Pardons
All federal cases except impeachment –cannot be limited by congress
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Veto power
2/3 to overcome veto
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Power of Chief Executive
- When president acts with express or implied authority of Congress
- Acts when congress is silent, likely valid so long as no power grab
- Against congress, presidential action likely invalid
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Refuse to spend
President may not do
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War Power
Military appropriation required every two years
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Military government
President can set up military government in occupied areas
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President foreign relations
Power is very broad
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Treaty power
With advice of the senate
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Treaty in relation to other law
Constitution, federal law, treaty, state law
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Treaty v. Federal Law
Last in time
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Executive privilege
Documents and conversations presumptively privileged
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Field preemption
When the federal gov. regulates the entire field of law, but this is not presumed
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Full faith and credit
Court had jurisdiction over the parties, judgment was on the merit and the judgment is final
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State v. State jurisdiction
- The Supreme Court of the United States
- 14th Amendment
- Power to restrict state activities that violate civil liberties in the state
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Spending power
- 1. Clearly stated goals,
- 2. Related to the purpose of the program, and
- 3. Not unduly coercive
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Foreign commerce power
Lies exclusively with congress
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State regulation on out of staters
- 1. It must not discriminate, and
- 2. not unduly burdensome
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Exceptions to state regulation of our of staters
- Necessary or important state interest with no alternatives
- Market participant
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Bar exam analysis of burdensome state regulation on commerce
- 1. Any federal regulation?
- 2. Does it supersede or preempt the field?
- 3. Was it authorized by congress?
- 4. If discriminatory: no alternatives or market participant
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State tax on interstate commerce
- 1. Substantial nexus between state and taxpayer
- 2. Fairly apportioned, and
- 3. Fair relationship between tax and service provided by state
- Contracts Clause analysis
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1. Whether the legislation substantially impairs a party’s rights under an existing contract,
- 2. Whether the legislation serves an important and legitimate public interest, and
- 3. Whether the legislation is a reasonable and narrowly tailored means of promoting the public interest.
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Under the Contracts Clause, if state legislation substantially impairs a party’s rights under an existing contract, it will be valid only if it serves an important and legitimate public interest and is:
A reasonable and narrowly tailored means of promoting the public interest
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If a regulation of speech targets truthful advertisement concerning lawful activities, it will be valid __________.
If it serves a substantial government interest, is narrowly tailored to serve that interest, and directly advances the interest
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The Lemon Test on the Establishment Clause
- 1. Has a secular purpose
- 2. Has a primary effect that neither advances or inhibits religion, and
- 3. Does not produce excessive entanglement with religion
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