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21 Cards in this Set

  • Front
  • Back
Federal Jx
No Advisory Opinions
Ripeness
Mootness
Standing
Standing
Injury (direct and personal)
Causation
Redressability
Mootness
If the matter has been resolved than it is Moot.

Except: capable of repetition; voluntary cessation by D; class actions
Ripeness
Immediate Threat of Harm
Standing of Organizations
(i) injury in fact to members giving rise to their standing
(ii) related to org's purpose
(iii) individual member participation in lawsuit not required
No Citizen/Taxpayer Standing, EXCEPT
Suits attacking congressional taxing and spending re. Establishment Clause
Independent Statement Grounds
SC will not exercise jx if the state court judgment is based on adequate/independent state grounds.
Will Abstain When . . .
(Abstention)
Unsettled Question of Law
Pending State Court Proceedings
No Political Questions
i.e. "republican form of gov't", President's foreign policy
11th Amendment Limits
No suits against states (even on fed grounds) EXCEPT if state consents
[state officials are fair game]
Legislative Power - Enumerated and Implied
Congress can exercise those powers enumerated in Constitution plus all auxiliary powers necessary and proper.
Necessary and Proper Power
Congress has power to make all laws *appropriate* for executing ANY power to any branch of the federal gov't.
Taxing Power
Most taxes will be upheld if they bear some R relationship to revenue production or if Congress has the power to regulate.
Spending Power
May spend to "provide for the common defense and general welfare."
Commerce Power
EXCLUSIVE power to regulate foreign and interstate commerce.
(i) channels;
(ii) instrumentalities; or
(iii) regulate activities that have a substantial effect.
Economic Regulation of War
Economic regulation during war and in the postwar period to remedy wartime disruptions has been upheld.
Federal Police Power
M ilitary bases
I ndian reservations
L and (federal)
D istrict of Columbia
Power Over Citizenship
May established uniform rules of naturalizations (i.e. exclusion of aliens and control over naturalization).
Delegation of Legislative Power
Has never been held invalid.
Veto
Requires bicameralism and presentation (give to to President).
President's Appointment Powers
All ambassadors, other public ministers and consuls, Justices of the Supreme Court. Congress may vest appt powers for inferior officers.