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11 Cards in this Set
- Front
- Back
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State Action: Two general tests for determining whether the action of a private party constitutes state action
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1. Did the government significantly involve itself in the action of the private party?
2. Is the nexus between the private party and the state sufficiently close such that the action of the private party is fairly attributable to the government? |
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Five fact patterns and doctrines that appear in state action:
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1. Merely entering into a contract with another private party is not state action, but judicial enforcement of a contract is state action.
2. Merely entering into a contract with the government or being heavily regulated or receiving funding from the government or receiving a monopoly from the government is not state action, but entering into a joint enterprise with the government is state action. 3. Mere approval or acquiescence from the government is not state action, but government encouragement or coercion is state action. 4. Merely opening up a business to the public is not state action, but performing a public function is state action. 5. Mere membership by government entities with private entities in a nonprofit organization is not state action, but pervasive entwinement of public officials acting in their official capacity in running the organization is state action. |
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Spending Clause: Five factors regarding conditions
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iii. Five Factors Regarding Conditions
1) For general welfare 2) Condition must be unambiguous 3) Must be related to purpose of the law 4) Condition must not violate another portion of the constitution 5) The withhold must not be coercive a) The more unrelated the condition is from the purpose of the funding, the more likely the withhold is going to be coercive |
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Implied Preemption: Field Preemption
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a) Federal Law is so pervasive as to make reasonable the assumption that Congress left no room for the state to regulate
i) Example, FAA has massive body of law for training pilots ii) If a state tries to add something, even if it doesn't conflict, courts are still likely to find that it is preempted |
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Implied Preemption: Conflict Preemption
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a) Impossibility
i) If the federal law and state law are directly opposed b) Frustration of Purpose aka "Stands as an Obstacle" i) If a law sets a higher standard than fed law, what was the intent of fed law? (1) To set a floor, or (2) To establish uniformity |
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Dormant Commerce Clause
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1) Protectionist laws - NYS milk case
a) Invalid, per se b) Apply strict scrutiny 2) Discriminatory but not protectionist - bait fish case, apple case a) Presumed unconstitutional b) Shifts burden of proof to state c) Must have valid local application 3) Even-handed - train length case a) Challenger has burden of proof 4) If legislation is passed with the intent to protect health, safety, consumer protection or environmental concerns then it is going to be 2) or 3). 5) However, if it is strictly for market or natural resource protection then it is 1) EXCEPTIONS: Exceptions to dormant commerce clause (ie can be protectionist) include when the state is acting as a market participant and when congress specifically authorizes the protectionist activities |
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Allen v. Wright rules
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2) Minorities had not been directly affected because they could not demonstrate that without the tax exempt status the segregated schools would not exist
3) There is a lack of injury because they could not demonstrate that failing to enforce the law created the segregated schools 4) Lack of redressability because there is no indication that revoking that status would resolve the segregated schools 5) SC said the issue was justiciable but the case was invalid because the group pressing suit had no standing, they had not been actually effected 6) Plaintiff has burden of proof |
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Baker v. Carr political question rules
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1) Elements of the political question doctrine according to Brennan:
a. textually demonstrable constitutional commitment of the issue to a coordinate political department; b. a lack of judicially discoverable and manageable standards for resolving it; or c. the impossibility of deciding without an initial policy determination of a kind clearly for nonjudicial discretion; or d. the impossibility of a court's undertaking independent resolution without expressing lack of the respect due coordinate branches of government; or e. an unusual need for unquestioning adherence to a political decision already made; or f. the potentiality of embarrassment from multifarious pronouncements by various departments on one question. |
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Allen v. Wright test
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a) Plaintiff must show they have been directly affected
b) The defendant has to be the cause of the harm c)There must be some relief requested within the court's power that is reasonably shown to redress the grief |
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Lujan v. Defenders of Wildlife burden of party invoking federal jurisdiction
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a) that they have suffered an injury in fact; i.e., a concrete and particularized, actual or imminent invasion of a legally-protected interest
b) To survive a motion for summary judgment for lack of standing, a party must set forth by affidavit or other evidence specific facts to support its claim c) In addition to the above, in order to show standing, a party that is not an object of government action must show facts that the choices made by the independent actors not before the courts have been or will be made in such a manner as to produce causation and permit redressability of injury d) Congress cannot pass legislation that allows for the creation of citizen suits that confer standing upon citizens who would not be able to allege an injury in fact. |
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Jackson's three part test
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1. When President acts with congressional approval he acts with the maximum authority, his combined with Congress's
2. When President acts alone, but without congressional approval or disapproval he can exercise his power and powers that are "in between" his and those of Congress. He cannot use powers that are expressly delegated to Congress. 3. When the President acts against the will of Congress he acts on his delegated powers alone. His power is at its minimum. |
