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The jurisdiction of federal courts is limited to
cases or controversies.
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A major exception to the judicial power is created by the ___________Amendment and by the preexisting concept of state sovereign immunity.
11th
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Article III lists the kinds of cases that come within the judicial power of the United States—the most important are
diversity jurisdiction and federal question jurisdiction (cases arising under the laws of the United States).
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When can you sue states for money damages?
You cannot sue states for money damages in the state or federal courts unless the state consents or the US Congress expressly says so to enforce 14th amendment rights.
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While the eleventh amendment protects states and state agencies, it does not protect _______________ .
municipal governments
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What is original jurisdiction
A case that may be first filed in the Supreme Court (controversies between states, mostly)
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What is the only court that exercises discretionary jurisdiction?
the Supreme Court
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Besides those limitations imposed by the Constitution, what other limitations may be imposed on the Supreme Court?
Congress can make exceptions to the Court’s appellate jurisdiction. In other words,Congress can effectively control the Supreme Court’s docket (its appellate jurisdiction)by legislating exceptions to its appellate jurisdiction.
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What are "Adequate and Independent State Grounds (AISG)"?
Arises only in the U.S. Supreme Court, and it arises only when the Supreme Court reviews a state judgment. Rule: The Supreme Court can review a state court judgment only if it turned on federal grounds. The court has no jurisdiction if the judgment below rested on an adequate and independent state ground.
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When a state law is unclear as to whether it rests on state or federal grounds, the Supreme Court can
review the federal issue. If the Supreme Court agrees with the state court’s decision of federal law, it affirms the decision. If the Supreme Court disagrees with the state court’s understanding of the federal issue, it remands the case to state court, so that the state court can reconsider state law.
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Standing to sure requires
injury, causation, and redressability.
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for an injury to give standing to sue, it can be
Almost anything can be injury, especially if Congress says so (either past or future). Must be concrete (not abstract), but need not be economic. If your freedom of movement or enjoyment of public space is impaired, that constitutes injury. Mere ideological objection is not injury. An organization has standing if its members have standing.
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To have standing to sue, for an injury to have "causation"
A defendant’s act must have caused or will cause the injury.
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To have standing to sue, for a case to have "redressability," means that
A court can remedy or redress the injury. If the injury is in the past, the redress is damages. If future injury is threatened, the redress is an injunction.
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In what cases do federal taxpayers have standing?
Federal taxpayers always have standing to challenge their own tax liability. Taxpayers do not have standing to challenge government expenditures. under the Establishment Clause: An establishment of religion challenge to specific congressional appropriations can be challenged by any taxpayer. (Note also that state courts often allow municipal taxpayers to challenge a municipality’s expenditures.)
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“Third-party standing” refers to
whether you can raise the rights of someone else. Generally, the answer is no. Exception: Parties to an exchange or transaction can raise the rights of other parties to that exchange or transaction.
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Ripeness concerns prematurity of a case. You must show
actual or an immediate threat of harm.
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Mootness cases are
overripe and are dismissed whenever they become moot. Cases can become moot during trial or on appeal. Exception: Controversies capable of repetition, yet evading review, are not moot, even though they look like it. Such controversies always have an internal time limit (e.g., pregnancies and abortion).
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Federal courts cannot rule on the constitutionality of ____________ legislation
proposed - no advisory opinions.
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"Political Questions" are
A non-justiciable question—courts will not decide because there are no manageable standards for judicial decision-making Examples of non-justiciable political questions include: foreign affairs, impeachment procedures, political gerrymandering, guarantee clause issues
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What are three powers the federal government does NOT have
- 1. Promoting the general welfare is not a power of congress
- 2. the federal government does not have a general police power
- 3. The "necessary and proper clause" is not a free-standing power of congress. It works only as an add-on to some other legislative power
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The three greatest powers of congress are:
Taxing, Spending, and Commerce
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Under the commerce power, Congress can regulate:
The channels of interstate commerce (highways, seaways, airways, etc.); The instrumentalities of interstate commerce (cars, trucks,ships, railroads, etc.); and Intrastate [and interstate] activity (economic or commercial) that has a substantial effect on interstate commerce.
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Under the taxing power,
The Taxing Clause is the right answer whenever Congress imposes a tax,even when the tax is actually used to prohibit the good or activity in question. The tax must be rationally related to raising revenue
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Under Congress' spending power:
The Spending Power includes spending for the general welfare. Congress can use the Spending Power to accomplish things it could not do by direct regulation under the Commerce Clause.
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Under the principle of "anti-commandeering" Congress cannot force
Congress cannot force states to adopt or enforce regulatory programs. It cannot commandeer state and local officers to carry out federal programs.
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What are Congressional powers and limitations regarding war and national defense?
- Congress has the power to declare war and the power to maintain the Army and Navy.
- Congress has the power to provide for military discipline of United States armed forces members.
- Congress can provide for military trial of enemy combatants and enemy civilians.
- Congress cannot provide for military trial of U.S. civilians.
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The thirteenth amendment gives Congress broad powers to legislate against
racial discrimination, whether public or private. This includes purely private racial discrimination.
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Under the fourteenth amendment, Congress has the power to
remedy violations of individual rights by the government, but only as those rights have been defined by the courts. Does not enable Congress to redefine constitutional rights by legislation.
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For a law to be properly remedial under the 14th amendment, the legislation must have “congruence” and “proportionality.” That is, there must be:
there must be a congruence between the remedial law enacted by Congress and the constitutional right as declared by the Supreme Court. Congress does not have the power to overrule the Court’s decisions and define new rights.
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The fifteenth amendment gives Congress the power to ensure that:
there is no racial discrimination in voting.
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The President's power to enforce the law is greatest when
authorized by statute. Generally, the President's powers are subject to control by statute.
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What powers are exclusively executive, and tehrefore not subject to statutory control?
- Pardon power - can pardon for federal offenses
- Veto Power - POTUS has 10 days to veto legislation. Overriding a veto takes 2/3 of the other assholes.
- Appointment or Removal of Federal Officers - only POTUS can hire or fire his/her minions.
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With regards to the creation of treaties,
Treaties are negotiated by the President, but require approval by a 2/3 vote of the Senate. Once a treaty is ratified (approved), it has the same authority as a statute.
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With regards to the creation of "executive agreements"
Executive agreements are presidential negotiations not submitted for approval by the Senate. They can be authorized, precluded, or overridden by statute, but they take precedence over conflicting state laws. They do not have the binding status of a treaty. E.g., Obama's support of Iran's nuclear program.
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What is the Congressional power of impeachment, and to who does it apply?
Applies to executive officers An accusation of high crimes or misdemeanors requiring a majority vote of the House of Representatives. Trial in the Senate Conviction requires a two-thirds vote of the Senate. The remedy is removal from office. No other penalty applies.
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What is "impoundment?"
If a statute gives the President discretion to spend or withhold funds, he may do so. But, when a statute unambiguously requires that funds be spent, the President cannot refuse to do so. There is no power to impound funds.
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When can Congress delegate its powers?
Congress can delegate its power to administrative agencies, so long as there are intelligible standards governing the exercise of that delegated power. Not a demanding test – almost all delegations of legislative powers are upheld.
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What immunities are enjoyed by POTUS?
- Has absolute immunity for official acts
- Has no immunity for acts done prior to taking office
- Has an executive privilege not to reveal confidential communications with presidential advisers, but that privilege can be outweighed by a demonstrated need in a criminal prosecution (Nixon)
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Judges have absolute immunity for all ____________________ acts, but may be liable for non-judicial activities.
judicial
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With regard to the relationship between federal and state powers,
Even though federal powers are superior, most federal powers are concurrent with those of the states. (On most topics, both Congress and the states have regulatory powers.If there is a conflict, Congress wins.) Some powers are exclusively federal. They include the power over foreign relations and the power to coin money.
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What are the privileges and immunities of state citizenship under Article 4, the "Comity Clause?"
- Forbids serious discrimination against out of state individuals, absent substantial justification.
- Does not protect out-of-state corporations.
- “Serious discrimination” typically involves employment.
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The "Dormant Commerce Clause" is More important than Privileges and Immunities of Article IV because it protects_______________ as well as out-of-state individuals.
out of state businesses
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Under the Dormant Commerce Clause, in the absence of federal regulation, state regulation of commerce is VALID so long as:
- 1) There is no discrimination against out-of-state interests;
- 2) The regulation does not unduly burden interstate commerce; and
- 3) The regulation does not apply to wholly extraterritorial activity. (wholly beyond state borders)
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Under the Dormant Commerce Clause, there is no discrimination against out of state interests when
- The state acts as a market participant, buying and selling goods.
- Subsidies—A state can always choose to subsidize only its own citizens (for example, welfare benefits or in-state college tuition).
- Congressional approval - if Congress authorizes or consents to the discrimination, it's legal.
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When considering whether a state tax of interstate commerce is "non-discriminatory", a tax is valid if two requirements are met:
- 1) Must be a substantial nexus between the taxing state and the property or activity to be taxed
- 2) Must be a fair apportionment of tax liability among states
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Ad Valorem Property Taxes (value-based property taxes) are
Levied on personal property. There are two kinds of property taxed. Commodities are the goods that move from state to state. Instrumentalities are the transportation equipment that moves commodities (railroads,trucks, airplanes, etc.)
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How do states tax commodities that are involved in interstate commerce?
States tax all commodities within their borders on a specified date (called tax day),but not goods that are merely in transit – the commodities have to come to rest in the state. Rule: Pay the full tax to every state where goods are stopped for a business purpose on tax day. No taxes are due where they are merely passing through.
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What is "preemption?"
Federal law preempts (overrides) inconsistent state law. State law is not preempted simply because it addresses the same subject matter/topic as a federal statute. There must be incompatibility or conflict.
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What is "preempting the field?"
When Congress determines that there should be no state law of any sort in a particular field, then any state law in that area is inconsistent with the federal statute and is preempted. This is rare.
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What are "interstate compacts?"
Interstate compacts are agreements among states. States can make interstate compacts, but if the compact affects federal rights, Congress must approve.
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What is the "Full Faith and Credit Clause?"
States don’t have to follow other states’ laws, but they do have to give full faith and credit to judgments rendered by other states’ courts, so long as the rendering court had jurisdiction to render a final judgment on the merits.
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The ________________ test requires that a law be substantially related to an important government interest.
intermediate scrutiny
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A ______________ classification based on alienage is upheld unless the classification is ____________.
federal, arbitrary and unreasonable
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The Privileges and Immunities Clause of Article IV (i.e., the Comity Clause) deals with the privileges and immunities of ______________ citizenship and prohibits serious discrimination against out-of-state _______________.
state, individuals
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Under the Free Exercise Clause, neutral laws of general applicability that have an incidental impact on religious conduct are _____________________.
subject to rational basis review
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Non-discrimination employment laws cannot constitutionally be applied to _______________ employed by a _____________________.
ministers, religious institution
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A law that regulates expressive conduct (i.e., symbolic speech) is upheld if it furthers an important government interest, that interest is _________, and the burden on expression is ________________.
unrelated to the suppression of expression; no greater than is necessary
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In violation of due process, a law that fails to give _________ of what is prohibited is void for vagueness. In violation of the Free Speech Clause, a law that burdens substantially more speech than is necessary to protect a _________ government interest is void for overbreadth.
clear notice; compelling
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The media has ______________________ the general public, but ______________ may be subject to greater governmental regulation.
the same rights as, broadcasters
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Campaign _________________ a candidate may be limited in order to ________________.
contributions to, prevent corruption
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The 13th Amendment (outlawing slavery and involuntary servitude) applies directly to
private parties and individuals, but it is narrow in its focus.
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For the purpose of the 14th amendment, “State action” means
government action, whether state or local (for example, a city firing a sheriff is state action; a county denying a permit is state action). Most state action is clear, but not always. Government cannot be significantly involved in private discrimination.
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For the purposes of the 14th amendment, and whether there is "significant state involvement" in discrimination, government cannot:
- Government cannot facilitate private discrimination
- Government cannot profit from private discrimination
- Government cannot enforce a private agreement to discriminate
- But, government is NOT required to prevent private discrimination
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To determine whether procedural due process is being violated, what two questions must be asked?
- 1. Is life, liberty, or property being taken?
- 2. If life, liberty, or property IS being taken, what process is due?
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You have a property interest in your government job or benefit whenever you have a__________________________________ to continued enjoyment of the job or benefit.
legitimate entitlement
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Procedural due process is variable, and the types of hearings can range from casual to very elaborate. To decide what kind of process is due, the courts balance what three factors:
- 1) The individual interests at stake (life, liberty, property);
- 2) The value of the procedure in protecting that interest; and
- 3) The government interest in efficiency and cost.
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What are some examples of when procedural due process requires a hearing before action is taken?
Examples include: terminating welfare benefits; non-emergency revocations of driver’s licenses.
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Public employees who can be fired only “for cause” must be given some opportunity to be heard _____________ to discharge, unless there is a __________not to keep the employee on the job.
prior; significant
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What questions must be answered under a "strict scrutiny" inquiry?
- Is the law necessary for a compelling government interest?
- Implicit in strict scrutiny is the requirement for the least restrictive means.
- When strict scrutiny applies, the government bears the burden of proof. The government must show that the interest is compelling and the law is necessary to that interest.
- Applies when there is a suspect classification or a fundamental right
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What questions must be answered under a "intermediate scrutiny" inquiry?
- Is the law substantially related to an important government interest?
- Applies to classifications based on gender and legitimacy
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What questions must be answered under a "rational basis" inquiry?
- Is the law rationally related to a legitimate interest?
- The challenger bears the burden of proof.
- Applies to all other cases (residual test)
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Under what test are laws which impact fundamental rights analyzed?
Triggers the strict scrutiny test under both due process and equal protection
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How does one determine whether a law violates due process of equal protection?
- If a law denies a fundamental right to everyone, it violates due process.
- If a law denies a fundamental right to only some, it violates equal protection.
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