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What are the requirements of standing?
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Injury in fact: has been or imminently will be injured.
Causation: D caused the injury
Redressability: court can remedy it. No advisory opinions on SC
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For the injury req of standing: Ps can only assert injuries that ____.
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They personally have suffered.
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Ps seeking dec or inj relief must show _____ to have an injury in fact for standing.
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liklihood of future harm.
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What are the exceptions to the rule that Ps cannot assert the claims of others? (3rd party standing)
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1. a close relationship (doc/patient)
2. injured party is unlikely or unable to assert their own claim. (crim Ds to raise rights of prospective jurors
3. An org can sue for the rights of its members (see reqs)
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What must an organization have for 3rd party standing?
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1. members themselves would have standing to sue.
2. intersts protecting are germane to the orgs purpose.
3. neither the claim nor relief requires participation of members.
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What are the classic egs of the no generalized grievances rule?
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Citizens and taxpayers. P cant sue to make the gov follow the law.
EXCEPTION: the Establishment Clause.
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What is the exception to generalized greivances ban in standing issues?
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The Establishment Clause issues.
Remember: money v. property. they CANNOT challenge property grants by the goverment.
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Whats ripeness?
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Whether a federal court can grant pre-enforcement review.
Is there really a case of controversy?
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What will a court look at in ripeness issue?
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1. Will a hardship occur w/o preenforcement review?(greater hardship...greater liklihood of review.
2. The fitness of the issues and record for judicial review. (could the court gain by waiting?)
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What should you think when you see an exam Q with a Dec action?
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1. Ripeness: Liklihood of future harm for injury.
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Whats mootness?
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When events after the filing end the Ps injury.
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What are the 3 exceptions to the mootness requirement?
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1. wrong capable of repetition but evading review. (preggers)
2. voluntary cessation but free to resume the offense
3. class action suits: as long as one member has an ongoing injury.
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What are the four areas involving the political question doctrine?
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1. the republican form of gov clause. 2. challenges to the prez's conduct of foreign activity 3. impeachment and removal process challenges. 4. partisan gerrymandering challenges
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Republican form of goverment and political question...qustion may involve a _____
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Form of an election. (but remember one person one vote, EP)
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What are the 4 ways a case comes to the SC?
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1. Writ of Certiorari
2. US appeals Courts
3. Appeal of a 3 judge federal Dist Court
4. Suits b/w state goverments
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What can't there be for the SC to review a case?
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An independent and adequate state court grounds for the decision. (review won't change result. No advisory opinions.)
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Federal courts and state courts may not hear suits against _______.
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State governments.
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The Eleventh Amendment is about ________.
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State sovereign immunity.
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Sovereign immunity bars suits against states in state courts and __________.
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Federal Agencies. Alden v. Maine.
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When MAY states be sued? (Exception to 11th and sovereign immunity?)
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1. When a state waives Sov Imm. 2. Under laws adopted pursuant to Sec 5 of the 14th Amendment. (title vii, not adea)
3. The feds may sue stats govs.
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The police power of Congress may be used in what 4 situation?
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1. military 2. indian territory 3. Federal Lands and territories 4. Distric of Columbia (MILD)
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The necessary and proper clause says that Congress may _____.
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Choose any means to carry out its authority that is not prohibited by the Constitution.
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Congress may tax and spend for the ___________.
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General welfare.
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"General welfare" is an exam answer only when Congress is ___________.
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Taxing and spending or for the MILD police powers.
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Under the commerce power, and interstate commerce, Congress may regulate the _______, _______, and _________.
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channels, instrumentalities and economice activity that has a SUBSTANTIAL EFFECT on interstate commerce.
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When may a substantial effect on interstate commerce, for Commerce clause legislative power, be based on the cumulative impact of the activity?
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When the activity is economic in nature. When non-economic...NO. Remember, even Farming for home consumption...cumulative impact.
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The Tenth Amendment states that_________.
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all powers not granted to the United States are reserved to the States.
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Can Congress compel states to create regulatory or legislative action?
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NO.... but it may condition grants to states if the condition is EXPRESSLY STATED and RELATES to the PURPOSE of the SPENDING PROGRAM.
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What may Congress do to compel states?
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1. prohibit harmful commercial activity by state governments.
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Congress, under Sec 5 of the 14th, may not do what?
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create new rights or expand the scope of rights. Congress may only prevent or remedy violations or rights recognixed by the courts.
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When Congress acts under Sec 5, 14th Amendment, what is the requirement of the laws it passes?
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They must be "proportionate and congruent" to remedying the constitutional violation.
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May Congress delegate its legislative power?
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YES. There is not limit on its ability to delegate its own power.
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Legislative veto and line item vetoes are __________.
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unconstitutional. The leg must both present and use bicameralism. The president must sign the bill in its entirety or reject it in its entirety.
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May Congress delegate executive power to itself?
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NO.
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What two things have to happen to make a treaty?
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1. negotiated by the president
2. ratified by THE SENATE.
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What other laws do treaties control?
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1. state laws
2. federal laws enacted BEFORE the treaty.
BUT not the CONSTITUTION.
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What is an executive agreement?
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One between US and another foreign country effective when signed by the president and the head of the foreign state.
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What laws do executive agreements trump?
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1. Conflicting state laws.
NEVER federal statutes or Constitution. They are not ratified by the Senate.
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The president as Commander in Chief may has ______ powers to use American troops in foreign countries.
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BROAD. Very broad.
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The president may appoint who?
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1. Ambassadors
2. federal judges
3. officers of the US
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What is the contract clause?
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Article 1, Section 10 prohibits any state law "impairing the obligation of Contract."
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Principles that have emerged from the Contact Clause:
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1) A state may NOT pass a law to undo its own contracts!!
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A law that INDIRECTLY impacts contracts does not:
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Invoke the contract clause problem. Eg: you sign a contract to buy property to build a them park, then the legislature passes a law saying no more them parks- the contract clause problem is not invoked because this would be an indirect effect on contracts.
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A state CANNOT willy-nilly change contractual terms unless:
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The law is NECESSARY TO SOLVE A BROAD ECONOMIC OR SOCIAL PROBLEM (eg: during the Depression).
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Takings and Impairments of Property Values:
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Both the feds and the states cannot take private property without JUST COMPENSATION.
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What are the questions to ask if you have an issue of taking or impairment of property values?
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1) Was there a taking? (If law merely regulates land use & does not effect a taking = no compensation due.
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What is a TAKING?
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A physical occupation of property eg: govt. bulldozer comes through to build a property. The denial of all rights or use of land will also constitute a taking.
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Other regulations can impair VALUE of property and constitute a:
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Taking. Zoning ordinances ARE NOT usually considered a taking.
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Congress can appoint ________.
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inferior officers. It may vest the appointment of them in the president. The presidents appoint only heads of departments and cabinet officers.
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TESTED: May congress give itself the appointment powers?
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NO. Congress may not take away executive powers.
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