Term
| Marbury v. Madison established |
|
Definition
- Constitution has a binding effect on the government
- Congress cannot increase federal jurisdiction under Art. III
- SCOTUS can review executive conduct for constitutionality
- SCOTUS can review legislative conduct for constitutionality |
|
|
Term
| Supremacy Clause of Article IV |
|
Definition
| States that the Constitution, Laws, and Treaties of the United States take precedence over state laws and that the judges of the state courts must follow federal law, anything in the constitution or laws of any state to the contrary notwithstanding |
|
|
Term
|
Definition
- Congress can neither restrict nor enlarge the Supreme Court's original jurisdiction, but may give concurrent jurisdiction to a lower federal court
- SCOTUS shall have appellate jurisdiction...with such Exceptions, and under such Regulations as the Congress shall make |
|
|
Term
|
Definition
- Facts: McCardle was arrested for publishing articles in a newspaper in Mississippi, which was under the control of the national army pursuant to the post Civil War reconstruction plan adopted by Congress. McCardle sought habeas corpus relief from a federal court in Mississippi on the ground that the reconstruction plan under which he was arrested was unconstitutional. After losing in the trial court, McCardle appealed to the Supreme Court under a habeas corpus statute enacted by Congress in 1867, which conferred jurisdiction on appeal to the Supreme Court over habeas corpus matters. While the case was still pending, prior to the Court announcing a decision, Congress repealed its 1867 act.
- Holding: Though appellate jurisdiction of the Supreme Court is conferred by the Constitution, it is conferred “with such exceptions and under such regulations as Congress shall make.” By repealing the provision of the 1867 Act which affirmed the Supreme Court’s jurisdiction, Congress expressly made such an exception. Jurisdiction is the power to declare the law and when it no longer exists, the Court must dismiss the cause of action before it.
- It is worth noting that Congress did not remove all channels of obtaining Supreme Court review when it repealed the Act of 1867. |
|
|
Term
| Plaut v. Spendthrift Farm |
|
Definition
- Plaintiff brought suit, but was dismissed because of SoL. Congress amdended the statute to extend the SoL and gave it a retroactive effect. Plaintiff tried to bring the suit again under the amended statute.
- Court held that Congress cannot require cases to resume prosecution when the court has already passed judgment on them, because this makes the courts prior judgments nothing but advisory opinions.
- SCOTUS held that the statute provided for the reinstatement of the dismissed cases violated the separation of powers doctrine under the Constitution
- Justice Scalia argues Congress has violated the separation of the judicial and legislative powers, by requiring courts to set aside final judgments, which the framers of the constitution envisioned as dispositive. |
|
|
Term
| Possible limitations on congressional power to regulate and limit SCOTUS appellate jurisdiction: |
|
Definition
1. Congress may eliminate certain avenues for SCOTUS review as long as it does not eliminate all avenunes (see Ex parte McCardle)
2. Althought Congress may eliminate SCOTUS review of certain cases within the federal judicial power, it must permit jurisdiction to remain in SOME lower federal court
3. If Congress were to deny ALL SCOTUS review of an alleged violation of constitutional rights - or go even further and deny a hearing before any federal judge on such a claim - this would violate due process of law |
|
|
Term
| Whether a court will hear a case (whether the case is justiciable) depends on several limitations: |
|
Definition
1. No advisory opinions
2. Ripeness
3. Mootness
4. Standing
5. Political Question |
|
|
Term
| Steps of constitutional interpretation: |
|
Definition
1. Text
2. Original understanding/history
3. Precedent
4. Tradition
5. Societal Norms |
|
|
Term
| Methods of constitutional interpretation: |
|
Definition
1. Originalism/Interpretivism
2. Modified Originalism/Abstract Originalism
3. Tradition
4. Process-Based
5. Aspirationalism |
|
|
Term
| Originalism/Interpretivism |
|
Definition
- Judges should only protect values that are clearly stated or implicit in the intent of the Founders of the Constitution or the original meaning and understanding of the terms
- Seeks to construct a foundation of judicial review that is consistent with the people as a whole and does not depend on the judge's own personal values
- Criticisms: There are many modern circumstances that were not thought of when the Constitution was written, and the framers had a different mindset than society does today |
|
|
Term
| Modified Originalism/Abstract Originalism |
|
Definition
| - We should still try to follow the Framers' intent, but the underlying general intent should be followed as opposed to specific intent (i.e. the Fifth Amendment's intent is to prevent govt intrusion into citizens lives, not only protect "life, liberty, and property") |
|
|
Term
|
Definition
- Looks to whether there is a widely-accepted or evolved tradition in determining if something is constitutional
- Maintains constraint on judiciary based on what society has determined over time |
|
|
Term
|
Definition
- Goal is to create fair process of government but to leave the substantive choice to the majority (the legislature)
- Court will tend to get involved in cases where the process of decision-making is flawed and contrary to the Constitution (i.e. voting rights cases)
- Procedural rights are the basis for intervention by the courts |
|
|
Term
|
Definition
- Allows the least constraint and most discretion on the part of the judiciary to evolve with social norms
- It's the court's job to identify and find those values which are so important that they need to be protected
- Criticism: there is no constraint on individual judges imposing their own personal values |
|
|
Term
| District of Columbia v. Heller |
|
Definition
- Facts: The District of Columbia prohibits the possession of handguns, and no person may carry a handgun without a license. However, the Chief of Police may issue licenses for 1-year periods. In addition, residents are required to keep such firearms “unloaded and dissembled or bound by a trigger lock or similar device” unless they are located in a place of business or are being used for a lawful recreational activity.
Respondent Dick Heller is a special police officer authorized to carry a handgun while on duty, and applied for a registration for a handgun he wanted to keep at home. The district denied such a registration. He filed suit in the Federal District Court of the District of Columbia seeking to enjoin the city from enforcing the bar on the registration of handguns, the licensing requirement insofar as it violated the Second Amendment.
- Issue: Does the District of Columbia’s prohibition on the possession of usable handguns in the home violate the 2nd Amendment?
- Holding: A complete ban on handgun possession in the home violates the 2nd Amendment, as does its prohibition against rendering any lawful firearm in the home inoperable for the purpose of immediate self defense.
- Despite the fact that some would argue that this means “the people” (text of Second Amendment) is a very broad term, the court states that when the Constitution refers to the “right of the people” this means individual rights, not “collective” rights, and the court feels that this is unambiguous. In addition, to keep or bear arms literally means to hold in one’s possession. Therefore the court takes a very literal, dictionary definition meaning to the amendment and states that the amendment thus means that each individual person has a right to bear a weapon. |
|
|
Term
| Exceptions and Regulations Clause (Article III) |
|
Definition
- Whether and when Congress can modify the appellate jurisdiction of SCOTUS
- Used by Congress to prevent SCOTUS from striking down legislation as unconstitutional |
|
|
Term
|
Definition
- SCOTUS ruled that a presidential pardon had the effect of proof that a person did not support the rebellion. With a pardon, a person could petition for the return of seized property. Congress then passed a statute saying that a pardon was inadmissible as evidence in a claim for seized property.
- By requiring the courts to make a specific finding of fact in a case over which the court has jurisdiction and then removing the court’s jurisdiction after the finding, Congress is not limiting jurisdiction, but rather prescribing a rule of decision for the courts.
- Congress impaired the presidential pardons by requiring that they be inadmissible as evidence in these cases. The President of the United States has the constitutional authority to pardon offenses. By disallowing the full effect of the pardons, Congress attempted to reduce the President’s constitutional authority. |
|
|
Term
| Prohibition on Advisory Opinions |
|
Definition
- The court is just giving advice to some other branch of government on what the law is
- Two characteristics a lawsuit must have to avoid being advisory:
1. There must be an actual, real dispute between two real, live litigants (actual or imminent harm due to other party's actions)
2. The court's ruling on the dispute must have some effect on the relationship between the two parties |
|
|
Term
|
Definition
- Standing is whether the person bringing the suit is the proper party to have the matter adjudicated
- Three constitutional requirements to demonstrate standing:
1. Injury
2. Causation
3. Redressibility |
|
|
Term
|
Definition
- Parents of black public school children brought suit against the IRS alleging that the IRS was falling short of its duty to deny tax-exempt status to racially discriminatory private schools. The parents alleged two injuries: (1) the IRS' inaction made it more difficult for their children to go to school in an integrated environment, and (2) harm to them and their children in the fact that the government was aiding racially discriminatory schools.
- The court held that injury (1) was an actual harm, but the IRS' actions were so far attenuated from this harm and that there is no evidence that denying discriminatory schools tax-exempt status would have an effect on this harm. With respect to injury (2), the right to have government act in accordance with its laws is insufficient for jurisdiction without a personal and actual harm to the plaintiff. So, no standing.
- The dissent says that there is redressability because of economic principles. The more expensive the private schools, the less people will choose to enroll their kids there. |
|
|
Term
|
Definition
- Massachusetts asserts that the EPA is failing to enforce regulations restricting emissions on vehicles.
- The court found standing because the failure of the EPA to regulate greenhouse gas emissions presents a risk of harm to MA that is actual and imminent. Also there is a substantial likelihood that the judicial relief requested will prompt the EPA to take steps to reduce that risk of harm.
- The dissent says that the science is inconclusive, and there is no indication that if the EPA does enforce the regulations, that the amount of greenhouse gases will decrease an iota.
- Congress created a specific right of action with the Clean Air Act. But just because there was a private right of action doesn't mean that the court will automatically find standing. |
|
|
Term
| Lujan v. Defenders of Wildlife |
|
Definition
- Endangered Species Act required that certain construction project abide by regulations to prevent extinction of certain endangered species.
- Plaintiffs allege that projects overseas failed to comply with the Act, which threatened the viability of certain species, and therefore the plaintiffs' ability to enjoy and study these animals was harmed.
- The court found this injury to be insufficient because the plaintiffs had no “concrete plans” to return to the places overseas. So, standing denied. |
|
|
Term
| City of Los Angeles v. Lyons |
|
Definition
- Plaintiff was choked out by police officers and brought suit because the police department had a policy to utilize choke-holds in non-dangerous situations.
- The court did not find standing because there was no indication that the plaintiff would be choked again (this is distinguished from other cases because the plaintiff was seeking an injunction to prevent the LAPD from using the practice in the future – the plaintiff would still be eligible for damages from the past injury in another suit) |
|
|
Term
|
Definition
- Must be able to assert that you are injured by a government action or that the government has made a clear therat to cause injury to you if you fail to comply with a government law, regulation, or order.
- Some SPECIFIC injury must be allege
- Must be more than some theoretical injury that all persons suffer by seeing their government engage in unconstitutional actions
- Does not always have to economic (in some cases the injury can be to someone's well-being) |
|
|
Term
|
Definition
| - There must be a causal connection between the injury and the conduct complained of (i.e. the injury must be traceable to the challenged conduct of the defendant and not be attributable to some independent third party not before the court) |
|
|
Term
|
Definition
- When a ruling favorable to the litigant would eliminate the harm to him
- If a court order declaring the action to be unconstitutional would not eliminate the harm, then the individual does not have the type of specific in jury that would grant him standing to challenge the government action |
|
|
Term
|
Definition
- Texas had a policy of going after fathers of legitimate children who do not pay child support
- Plaintiff sued because Texas was not going after the father of her illegitimate child who wasn't paying child support
- The court found an injury, but denied standing on redressability grounds because even if they went after the father, he may just end up in jail and she still wouldn't have money |
|
|
Term
| Constitutional requirements of standing |
|
Definition
- Injury, causation, redressability
- Cannot be altered by Congress |
|
|
Term
| Prudential requirements of standing |
|
Definition
- As a general rule, third party standing not allowed (there are exceptions)
- There is a prohibition against generalized grievances (prevents claims where the only injury is that the govt isn't following the law)
- These requirements the judiciary imposes upon itself, so they can be altered by Congress |
|
|
Term
| Third party standing will be allowed when: |
|
Definition
| The plaintiff himself has suffered injury, and (1) third parties find it difficult to assert their own rights (see NAACP v. Alabama), OR (2) the injury suffered by the plaintiff adversely affects his relationship with third parties (see Craig v. Boren) |
|
|
Term
|
Definition
| Generally, an organization can sue on behalf of its members if the members themselves meet the standing requirements AND if the suit does not require direct participation of the members AND the injury to the members must be related to the organization's purpose |
|
|
Term
|
Definition
- Physicians who performed abortions brought suit challenging the prohibition of Medicaid paying for abortions. The court granted standing for the phsyicians, even though women who were going to the have abortions, by looking to two factors:
(1) the relationship of the litigant to the person whose right he seeks to assert, and
(2) the ability of the third party to assert his own right.
- The court found that (1) the doctors and the women have a very close relationship by virtue of the patient/doctor nature and (2) there are several obstacles for women to bring this kind of suit (privacy, temporary nature of pregnancy, etc.) |
|
|
Term
|
Definition
| Inmate on death row waived habeas. Inmate's mother attempted to assert an 8th Amendment violation on behalf of her son. The court denied standing because there was no controversy between the State and the inmate. |
|
|
Term
| Elk Grove Unified School District v. Newdow |
|
Definition
- Atheist father files suit on behalf of his daughter because the words “under God” in the pledge were being recited in public schools, and his daughter was an atheist.
- Christian mother then comes in the picture and asserts her control over the daughter (the divorce gave the mother a tie-breaking vote in cases of disputes over the daughter), and says the daughter is Christian and has no problem with saying the pledge.
- Christian mother then comes in the picture and asserts her control over the daughter (the divorce gave the mother a tie-breaking vote in cases of disputes over the daughter), and says the daughter is Christian and has no problem with saying the pledge. |
|
|
Term
| United States v. Richardson |
|
Definition
- Plaintiff brought suit because the CIA had not disclosed financial documents as required by the Constitution
- Court did not find standing for the plaintiff because his alleged “injury” is shared by all citizens of the U.S.
- Dissent says that the plaintiff had a personal constitutional injury that should be addressed |
|
|
Term
|
Definition
| Seeks to separate matters that are premature for review because the injury is speculative and may never occur, from those cases that are appropriate for federal action |
|
|
Term
|
Definition
| Several couples brought suit challenging a law that banned the use of contraceptives. Ripeness not found because the law had not been enforced except for one time, so there was no imminent threat of injury that the couples would be punished for using contraceptives. |
|
|
Term
|
Definition
- Group of pharmaceutical companies challenged a statute requiring companies to put the generic name of drugs on a type face half as large as the brand name. Court evaluated whether:
(1) the fitness of the issues for judicial decision (is there any benefit to waiting?, will the law become more clear at a later date?), and
(2) the hardship of the parties for withholding court consideration
- The court found the issue ripe because if no decision was made, the companies' only alternative was to spend millions of dollars changing the packaging of their products only to challenge the statute at a later time (in which they may end up spending money again to get the packaging back the way it was before) |
|
|
Term
|
Definition
| When something happens while a lawsuit is pending that makes the controversy no longer live or existent |
|
|
Term
|
Definition
1. Wrongs capable of repetition but evading review (ex. events of short duration; defendant voluntarily stops offending practice but is free to resume it)
2. Class actions (if a class representative's claim has become moot, he can still continue case so long as claims of others in the class are still viable) |
|
|
Term
|
Definition
| White male student challenged his denial of admission to law school based on affirmative action. He was allowed into the school while the case was pending, and was eventually told that he'd be allowed to graduate regardless of the court decision. Therefore the controversy became nonexistent and the court dismissed the suit at moot. |
|
|
Term
|
Definition
| Plaintiffs challenged a statute that required a certain number of signatures to run for office within a certain county. By the time the case reached SCOTUS, the election was over. The court found the case NOT moot because the issue was one capable of repetition and continuously evading review because a case challenging that statute will probably never make it to judgment before the election was over. |
|
|
Term
|
Definition
| Pregnancy is capable of repetition yet evading review (because of pregnancy's temporary nature and short duration), so the case challenging abortion laws was not moot. |
|
|
Term
| Friends of the Earth v. Laidlaw Environmental Services |
|
Definition
| FOE challenged Laidlaw's emissions in violation of the Clean Air Act. Laidlaw shut down the plant before the case was heard and decided. Court held the case was NOT moot via voluntary cessation because Laidlaw retained its emissions permit. In order to dismiss a case because of voluntary cessation, there must be no reasonable expectation that the behavior would reoccur. |
|
|
Term
| U.S. Parole Commission v. Geraghty |
|
Definition
| Plaintiff was a federal prisoner who was denied parole. He brought a class action lawsuit on behalf of himself and other federal prisoners challenging the parole guidelines. By the time the case reached SCOTUS, the plaintiff had been released. The court allowed the case to proceed (held the case to not be moot) because the controversy still existed between the defendant and at least some of the members of the class. |
|
|
Term
| Adequate and Independent State Grounds |
|
Definition
| SCOTUS will hear a case from a state court only if thte state court judgement turned on federal grounds. The Court will refuse jurisdiction if it finds adequate and independent nonfederal grounds to support the state decision. |
|
|
Term
| Martin v. Hunter's Lessee |
|
Definition
- The state of Virginia granted the same tract of land to Hunter, that a federal treaty give to the Martin. The Supreme Court of the United States declared that Martin was so entitled, but the Virginia Court of Appeals, to which the case was remanded, refused to carryout the Supreme Court’s judgment.
- Holding: The appellate power of the United States does extend to cases pending in state courts. The very nature of state court judges’ judicial duties indicates that such judges are to decide cases not only in accordance with state law, but also in accordance with the Constitution.
It is a mistake to say that the Constitution was to operate only upon the people and not upon the States.
- It’s important to recognize that this case pertains to the power of the federal courts to review decisions by state courts. In Marbury v. Madison, at issue was as a federal court’s power to review an act by another branch of the federal government. |
|
|
Term
|
Definition
- An act of Congress authorized the operation of a lottery in the District of Columbia. The Cohen brothers proceeded to sell D.C. lottery tickets in the state of Virginia, violating state law. State authorities tried and convicted the Cohens, and then declared themselves to be the final arbiters of disputes between the states and the national government.
- In a unanimous decision, the Court held that the Supreme Court had jurisdiction to review state criminal proceedings. Chief Justice Marshall wrote that the Court was bound to hear all cases that involved constitutional questions, and that this jurisdiction was not dependent on the identity of the parties in the cases. Marshall argued that state laws and constitutions, when repugnant to the Constitution and federal laws, were "absolutely void." After establishing the Court's jurisdiction, Marshall declared the lottery ordinance a local matter and concluded that the Virginia court was correct to fine the Cohens brothers for violating Virginia law. |
|
|
Term
|
Definition
- William Marbury was named Justice of the Peace for the District of Columbia. This appointment was part of a series of last minute appointments by President John Adams (Adams) before the end of his administration. The incoming Jefferson Administration chose not to honor those appointments because formal commissions had not been delivered by the end of Adam’s term. Marbury petitioned the Supreme Court for a Writ of Mandamus ordering his appointment by the Jefferson Administration.
- Marbury has a right to resort to the protection of the law and a writ of mandamus is an appropriate action. However, the Supreme Court does not have original jurisdiction over this matter.
- Congress had attempted to grant the Supreme Court original jurisdiction to issue Writs of Mandamus through a legislative act. The Court determined through Constitutional interpretation that Congress did not have the authority to grant this power and that the Supreme Court held only appellate jurisdiction over this matter. Therefore, the legislative act was overturned as unconstitutional and Marbury must resort first to the lower courts.
- Judicial review is not a power expressly granted to the Supreme Court in the United States Constitution (Constitution). The Supreme Court has determined it has the power to review acts of the other branches of government to determine their constitutionality and to overrule those acts that fall outside of the powers granted within the Constitution. |
|
|
Term
| Federal Election Commission v. Akins |
|
Definition
- The Federal Election Campaign Act of 1971 (FECA) imposes recordkeeping and disclosure requirements upon political committees which receive more than $1,000 in "contributions" or which make more than $1,000 in "expenditures" in a year "for the purpose of influencing any election for Federal office." Certain assistance does not count toward the expenditure cap if it takes the form of a "communication" by a "membership organization or corporation" "to its members" as long as the organization is not "organized primarily for the purpose of influencing [any individual's] nomination... or election." A complaint filed by a group of voters asked the Federal Election Commission (FEC) to order the American Israel Public Affairs Committee (AIPAC) to make public the information that FECA demands of political committees. Ultimately, the FEC found that AIPAC was not a political committee because its major purpose was not the nomination or election of candidates. The en banc Court of Appeals concluded that the FEC's major purpose test improperly interpreted FECA's definition of a political committee.
- the Court held that voters seeking information, to which they believe FECA entitles them, have standing to challenge the FEC's decision not to bring an enforcement action. Because FECA seeks to address the voters' injury, the failure to obtain relevant information, Justice Breyer concluded that the voters had prudential standing. Furthermore, because the voters' inability to obtain information constitutes an "injury in fact," continued Justice Breyer, the voters had standing under Article III. |
|
|
Term
|
Definition
- Plaintiffs claimed that a local zoning ordinance excluded persons of low and moderate income from living in a certain community. Defendants responded by claiming that Plaintiffs lacked standing to bring suit.
- the Plaintiffs claimed the enforcement of zoning ordinances against third parties had the effect of precluding the construction of housing suitable to their needs. For standing, a plaintiff must allege that the challenged practices affect him specifically and that court intervention would personally benefit the plaintiff.
In order for an organization to have standing, it must claim that all or any one of its members are suffering immediate or threatened injury as a result of the challenged action. Plaintiffs in this case fail to do so. |
|
|
Term
|
Definition
- Barrows, a white man, who had signed a racially restrictive covenant, was sued for breach of K for allowing nonwhites to occupy the property. As a defense, he raised the rights of blacks, who were not parties, to be free from discrimination.
- Since African Americans were not parties to the covenant, it would difficult to impossible for them to ever challenge it; thus, the court allowed Barrows to raise the rights of African Americans as a defense. |
|
|
Term
|
Definition
- The State of Oklahoma prohibited the sale of “nonintoxicating” 3.2% alcohol beer to men under the age of 21 and women under the age of 18. Suit was brought against the State, alleging the law violated the Equal Protection clause of the Fourteenth Amendment of the Constitution.
- Court held this to violate the EPC of the 14th Amendment
- Brennan argues that case precedent dictates that an intermediate level of scrutiny should be applied in analyzing the statute. Specifically, the gender-based classification must serve an important government objective and be substantially related to the achievement of such objective.
The District Court unequivocally found that the objective to be served by the statute is increased traffic safety. Brennan is not persuaded by Craig's statistics that the statute closely serves the stated objective. As such, it is not constitutional. |
|
|
Term
| Int’l Longshoremen’s & Warehousemen’s Union v. Boyd |
|
Definition
- The Immigration and Nationality Act of 1952 involved the status of aliens residing within the United States. The International Longshoremen’s Local 37 labor union and a number of its members sued to enjoin Boyd, District Director of the Immigration and Naturalization Service (INS), from construing the Act as to treat all aliens domiciled within the continental United States returning from temporary work in Alaska as if they were aliens entering the country for the first time. The plaintiffs also sought a declaratory judgment that the Act is unconstitutional. Plaintiffs did not show that any sanctions had been sought against any union members or that any of the proposed hypothetical situations had yet arisen.
- A party may not seek a declaratory judgment regarding a statute if no sanctions have been sought under the statute and no occasion for doing so has arisen.
- That is not a lawsuit to enforce a right; it is an effort to obtain assurance from a court that a statute will or will not apply under certain hypothetical situations. Determination of the scope and constitutionality of a law before a concrete case exists involves an inquiry that is too remote and abstract for a court to resolve. The complaint does not present a case or controversy and must therefore be dismissed. |
|
|
Term
| Political Question Doctrine |
|
Definition
- Refers to matters that the court finds inappropriate for judicial review because it is best left for the legislature (Court will not decide political questions)
- All other elements of justiciability are met, but court still declines to hear the issue |
|
|
Term
| Situations in which the political question doctrine is utilized: |
|
Definition
1. Malapportionment
2. Congressional Self-Governance
3. Foreign Policy
4. Impeachment and Removal |
|
|
Term
|
Definition
- Creating legislative districts that are disproportionate to population
- One situation of this is legal: every state gets 2 senators, so that means voters in Rhode Island have more pull in senate than voters in California
- Guarantee Clause: guarantees to every state in the union a republican form of government
- Apportionment cases brought under the Guarantee Clause were continuously dismissed because the Court said those cases involved political questions and were best left to legislature |
|
|
Term
|
Definition
- Plaintiff brought an apportionment case under the Equal Protection Clause (instead of the Guarantee Clause) and the Court determined it had jurisdiction to hear the case
- Determined that political questions exist when (the first two appear the most):
1. There is a textual grant
2. If there are any manageable standards the judiciary can use to resolve the issue
3. If a policy determination is necessary that the court doesn't want to get involved in
4. If the resolution will involve lack of respect for the other branches of government
5. There is an unusual need for unquestioning adherence to a political decision already made
6. A potential of embarrassment from several decisions for various departments on one question
- The court held that this case was justiciable and did not present a political question (because of EPC) |
|
|
Term
|
Definition
- Plaintiff brought a gerrymandering case and the Court declined to adjudicate because there were no articulable standards that existed in order to remedy the situation (plurality opinion)
- Overturned Davis v. Bendemer where the Court held these types of cases were justiciable
- Justice Kennedy concurred in the judgment because there are no standards yet, but stated that once there are standards, these types of cases should be heard |
|
|
Term
|
Definition
- Political gerrymandering cases are not per se nonjusticiable, but pretty close
- Racial gerrymandering cases are justiciable under the Voting Rights Act |
|
|
Term
|
Definition
- A congressman was elected that had a lot of financial scandals. Congress did not want to seat him and didn't
- Congressman brought suit asserting that he met all the constitutional requirements to be a congressman, but Congress asserted it had the right to determine who can be a member
- The issue was not barred from being heard in federal courts. The Supreme Court also notes that to hold otherwise would nullify the framers’ decision to require two-thirds vote for expulsion. |
|
|
Term
|
Definition
- The president rescinded a treaty with Taiwan and a senator brought suit because although the executive branch makes treaties, they have to be ratified by Congress before they take affect, so the senator said Congress should have a say in rescinding treaties
- The Court says the Constitution is silent on who can rescind treaties and denied to adjudicate the issue because it involves foreign policy (the executive and legislative branches have more expertise than the judiciary on issues involving foreign policy) |
|
|
Term
|
Definition
- Judge was impeached, tried, and convicted by the Senate
- Judge lost his judgeship and brought suit because the majority of his trial was held by a committee of senators as opposed to the entire Senate
- The Court refused to hear the case because the Constitution grants the Senate the sole power to try impeachments, so the Senate gets to decide how to do it |
|
|
Term
|
Definition
| Denotes federal executive power - what authority the executive branch, primarily the President, may exercise |
|
|
Term
| Inherent Presidential Power |
|
Definition
- Authority of the President not specifically delegated in the Constitution
- Alexander Hamilton viewed the president to have powers beyond what is written in the Constitution by comparing the language in Article I to Article II (“Congress shall have the power herein stated...” versus “Executive power shall be invested in the President”); President has broad powers while Congress has limited powers
- James Madison disagreed and believed Article II merely identified the title of the single officer who would hold executive authority |
|
|
Term
| Youngstown Sheet & Tube Co. v. Sawyer |
|
Definition
- Labor dispute arose to strike of all steel company employers. The government had a direct hand in both setting the price of steel and managing employee wages. Because the Korean War was going on, the President took control of the steel companies via Executive Order to seize the mills in order to keep the industry in production. Steel owners begrudgingly complied but filed suit seeking injunctive relief.
- Issue: Did the President have inherent authority under the Constitution to seize control of the steel mills, where there was no explicit constitutional or statutory provision allowing him to do so?
- Holding: No, there is no inherent presidential authority
- Concurring opinion by Justice Jackson: Inherent presidential authority exists in 3 spheres:
1. President is on strongest ground when Congress okays the action it by ratifying the it ahead of time or shortly thereafter
2. Middle ground (“twilight zone”) where President and Congress may have concurring authority (President relies on his own independent powers and Congress has neither approved nor disapproved of the action)
3.. President is on weakest ground when Congress has disapproved of the action the President has taken
(Says this falls within the last category) |
|
|
Term
| Martin v. Hunter's Lessee |
|
Definition
| Declared authority to review state court judgments |
|
|
Term
|
Definition
- reiterated authority to review state court judgments
- criminal defendants can seek review when they claim conviction violates the Constitution |
|
|
Term
| Robertson v. Seattle Audubon Society |
|
Definition
| Congress violates separation of powers when it directs the judiciary as to decision making under an existing law and does not apply when Congress adopts a new law |
|
|
Term
|
Definition
| - Duty of making recommendations regarding pensions is not of a judicial nature (prohibition on advisory opinions) |
|
|
Term
| Nashville, C & St. L. Ry. v. Wallace |
|
Definition
| Case is justiciable if it has the essentials of an adversary proceeding |
|
|
Term
|
Definition
| No standing because plaintiffs did not live in any of the alleged gerrymandered districts |
|
|
Term
| Federal Election Commission v. Akins |
|
Definition
| citizens were denied information so they had standing |
|
|
Term
|
Definition
| plaintiffs lacked standing because they could not prove that appropriate housing could be constructed without the exclusionary zoning ordinances |
|
|
Term
| Simon v. Eastern Kentucky Welfare Rights Org. |
|
Definition
| patients lacked standing to challenge denial of care by tax-exempt hospitals because court ruling would not result in plaintiff’s receipt of medical care |
|
|
Term
| Duke Power Co. v. Carolina Environmental Study Group |
|
Definition
| held standing for possible future injuries |
|
|
Term
|
Definition
| standing of property owner to bring suit regarding violation of a racially restrictive covenant by renting to African Americans, asserting rights of potential renters (third party standing) |
|
|
Term
|
Definition
| bartender had standing for customers because age differential drinking law between men and women caused him actual injury in sales (third party standing) |
|
|
Term
| United Public Workers v. Mitchell |
|
Definition
| not ripe because the opinion sought was advisory where federal employees sued regarding Hatch Act (inability to participate in political campaigns) |
|
|
Term
| Int’l Longshoremen’s & Warehousemen’s Union v. Boyd |
|
Definition
| case was not ripe where aliens wanted to be sure they could return to U.S. after going to work in Alaska (before statehood) |
|
|
Term
| Regional Rail Reorganization Act Cases |
|
Definition
| where inevitability of a statute working against certain individuals is patent, it is irrelevant that there where be a time delay before disputed provision come into effect; there is ripeness |
|
|
Term
| Lake Carriers Assn. v. MacMullan |
|
Definition
| inevitability of enforcement of a law makes a case ripe |
|
|
Term
| U.S. Parole Commn. v. Geraghty |
|
Definition
| class action does not become moot when named petitioner claim on the merits has expire |
|
|
Term
|
Definition
| it is up to the judiciary to decide whether an action by the state legislature violates the 14th Amendment (political question doctrine) |
|
|
Term
|
Definition
| made political gerrymandering a political question by plurality |
|
|
Term
|
Definition
| issue of unseating a member of Congress is a political question where people elected the member and Congress had to oust by 2/3 majority |
|
|
Term
|
Definition
| nonjusticiable when Senator challenged presidential rescinding of treaty (political question doctrine) |
|
|
Term
|
Definition
- regard the scope and extent of executive privilege and how much control the president has over the executive branch
a. There is executive privilege from the nature of enumerated powers
b. Court decides the scope of the privilege
c. Need to investigate criminal activity outweighs privilege |
|
|
Term
| Clinton v. City of New York |
|
Definition
The veto power allows the President only to approve or reject a bill in tot; he cannot cancel in part (through a line item veto) and approve other parts
- Rationale: The President's veto power does not authorize him to amend or repeal laws passed by Congress |
|
|
Term
| Domestic powers of the executive branch |
|
Definition
- Appointment and removal of officers
- Pardons
- Veto Power
- Power as Chief Executive |
|
|
Term
| U.S. v. Curtiss-Wright Export Corp. |
|
Definition
| non-delegation doctrine does not apply in the realm of foreign affairs, president has to be given a great deal of discretion in this area |
|
|
Term
| Executive power over external affairs |
|
Definition
- War (president may act militarily under his power as commander in chief and can establish military governments in occupied territories)
- Foreign Relations (President can represent and act for the US in day-to-day foreign relations; can appoint and receive ambassadors and make treaties)
- Treaty Power
- Executive Agreements |
|
|
Term
|
Definition
| The President, with implicit approval of Congress, has power to settle claims of US citizens against foreign governments through an executive agreement |
|
|
Term
|
Definition
- When can the president detain someone on his authority alone without allowing an individual to contest the detention?
a. Executive wanted the court to stay out of the affair in order to prevent release of enemy combatants
b. Court held that a citizen has to have some measure of due process |
|
|
Term
|
Definition
| president has absolute immunity for official acts as president |
|
|
Term
|
Definition
| president does not escape litigation by executive privilege; courts can deal with any national security concerns |
|
|
Term
|
Definition
- Not a constitutional power, but rather an inherent privilege necessary to protect the confidentiality of presidential communications
- presidential documents and conversations are presumptively privileged, but the privilege must yield to the need for such materials as evidence in a criminal case (so long as they are relevant and admissible) |
|
|
Term
|
Definition
- President has absolute immunity from civil damages based on any action taken within his official responsibilities.
- However, no immunity from private actions based on conduct that allegedly occurred before taking office (Rationale: the immunity exists so president can perform designated functions without fear of liability) |
|
|
Term
|
Definition
| military tribunals are ok; constitutional guarantees are not afforded to non-citizen detainees |
|
|
Term
|
Definition
| habeas for Gitmo detainees after Military Commission Act stripped federal courts of jurisdiction for habeas writs |
|
|
Term
| Enumerated and implied congressional powers |
|
Definition
1. Necessary and Proper Power
2. Taxing Power
3. Spending Power
4. Commerce Power
5. War and Related Powers
6. Investigatory Power
7. Property Power
8. No federal police power
9. Bankruptcy Power
10. Postal Power
11. Power Over Citizenship
12. Admiralty Power
13. Power to Coin Money
14. Patent/Copyright Power |
|
|
Term
| Necessary and Proper Power |
|
Definition
- Necessary and Proper Clause grants Congress the power to make all laws necessary and proper for carrying into execution ANY power granted to ANY branch of the federal government
- So, it is not itself a basis of power; just give Congress power to execute specifically granted powers
- Limitation: Congress can't adopt a law that is expressly prohibited by another provision of the Constitution |
|
|
Term
|
Definition
| Congress has the power to charter banks since that power is appropriate to executing Congress's enumerated powers to tax, borrow money, regulate commerce, etc. |
|
|
Term
|
Definition
| Article I, Section 8, Clause 3 empowers Congress to "regulate commerce with foreign nations and among the several states, and with the Indian tribes" |
|
|
Term
|
Definition
- Defined commerce as "every species of commercial intercourse...which concerns more states than one" and included within the concept virtually every form of activity involving or affected two or more states
- Where monopoly conflicted with federal statute, monopoly was invalid; Commerce Clause touches on intrastate commerce when there is a commercial connection with another state |
|
|
Term
|
Definition
- Congress does not have the power to suppress a monopoly because it occurs at the point of manufacture
b. 10th Amendment
1. Just a reminder OR
2. Reserves some zone of exclusive domain to the states |
|
|
Term
| Carter v. Carter Coal Co. |
|
Definition
| the fact that commodities are being sold out of state does not mean that the production or manufacture is subject to federal regulation under the Commerce clause |
|
|
Term
| A.L.A. Schechter Poultry Corp. v. U.S. |
|
Definition
| once the production stops within the stream of commerce, it can no longer be regulated no connection to interstate commerce when transaction are confined to NY |
|
|
Term
| Houston, East & West Texas Railway Co. v. U.S. |
|
Definition
| (Shreveport Rate) – regulation of intrastate carriers was permissible because of the nature of trains as instruments of interstate commerce |
|
|
Term
|
Definition
| Lottery tickets are not articles of commerce so they are subject to interstate regulation |
|
|
Term
|
Definition
| Cour struck down a statute that prohibited interstate transport of articles produced by children younger than certain ages or under certain conditions |
|
|
Term
| NLRB v. Jones & Laughlin Steel Corp. |
|
Definition
- upheld NLRA because of substantial effect on interstate commerce
- Three theories of interstate commerce:
1. Substantial economic effect
2. Cumulative effect
3. Commerce-prohibiting protective technique (prohibitions) |
|
|
Term
| Substantial Economic Effect |
|
Definition
| SCOTUS has sustained congressional power to regulate any activity, local or interstate, that either in itself or in combination with other activities has a "substantial economic effect upon" or "effect on movement in" interstate commerce |
|
|
Term
|
Definition
| Congress can control a farmer's production of wheat for home consumption. Rationale: cumulative effect of many instances of such production could be felt on the supply and demand of the interstate commodity market |
|
|
Term
|
Definition
| so long as Congress can point to something in the Constitution, it can act – thus Congress can regulate fair labor standards and prohibit certain conduct |
|
|
Term
| Heart of Atlanta Motel v. U.S. |
|
Definition
| significant effect on ability of African Americans to travel - permissible use of Civil rights Act legislation |
|
|
Term
|
Definition
| cumulative effect by discrimination, hook into commerce was buying of food across interstate lines |
|
|
Term
|
Definition
| upheld a federal law that regulated strip mining and required reclamation of strip-mined land |
|
|
Term
|
Definition
| dealt with loan sharking as having an effect on interstate commerce and not being a local activity only |
|
|
Term
| Three modern categories of commerce clause regulation |
|
Definition
1. Channel of interstate commerce
2. Instruments of interstate commerce, or person or things in interstate commerce, even though the threat may come from intrastate activities
3. Those activities having a substantial relation to interstate commerce (where most disputes arise) |
|
|
Term
|
Definition
| struck down regulation of intrastate activity that was non-economic in nature (Gun-Free School Zone Act of 1990) |
|
|
Term
|
Definition
| struck down Violence Against Women Act of 1994 on the basis there was no substantial effect on interstate commerce |
|
|
Term
| Pierce County, Washington v. Guillen |
|
Definition
| since this program involved channels of interstate commerce, it was within the purview of Congress to regulate release of information from studies regarding need of highway funds |
|
|
Term
|
Definition
| regarding Compassionate Use Act in California; defers to the rational basis of Congress to regulate, personal growth of marijuana for personal use is non-economic, but Congress is trying to reach the national market, cumulative effect like Wickard |
|
|
Term
| New York v. United States |
|
Definition
| regarding disposal of radioactive waste; Federal government cannot compel the states to enact or administer a federal regulatory program |
|
|
Term
|
Definition
| challenge to the Brady Handgun Violence Prevention Act where Court held that compelling the LEO to perform the background check was similar to New York v. United States |
|
|
Term
|
Definition
| Law of general applicability as opposed to a direct mandate to the states; state just has to refrain from allowing strangers to obtain private information – upholding Driver’s Privacy Protection Act of 1994 |
|
|
Term
| Article I, Section 8, clause 1 – Interpretations |
|
Definition
a. It is its own substantive power not hooked into other enumerated powers
b. It is limited by the enumerated powers |
|
|
Term
|
Definition
| Taxing and spending go beyond enumerated powers |
|
|
Term
| Chas. C. Steward Mach. Co. v. Davis |
|
Definition
| upheld Social Security Act which provided employers with a set-off against a federal tax if they were paying into a qualified state unemployment program |
|
|
Term
|
Definition
| Federal employees are stewards f federal funds, thus necessary and proper clause in conjunction with taxing and spending power is within the power of Congress |
|
|
Term
|
Definition
Congress can achieve a regulatory effect by making conditions on receipt of federal funds (highway safety by raising drinking age); Gave limitations:
1. Pursuit of general welfare
2. States have to make decision knowingly
3. Relation to federal interest on particular national programs or projects
4. Other constitutional provisions may provide and independent bar to the conditional grant of federal funds |
|
|
Term
|
Definition
1. Individual mandate – minimum essential healthcare coverage; those who don’t comply and are not exempt have to make a shared responsibility payment
a. Commerce clause – cannot be regulated for abstention from an activity, BUT
b. Power to Tax – operationally the IM is a tax because there is a monetary payment as consequence or not having health insurance
2. Medicaid expansion – Congress stated that if states didn’t take new Medicaid conditions, all Medicaid funding would be cut
a. This is coercive
b. However, expansion not struck down, states just have to comply with new conditions to receive new funds, will still get old funds |
|
|
Term
|
Definition
|
|
Term
|
Definition
| Equal Protection & Due Process |
|
|
Term
|
Definition
| Right to vote can't be denied because of race |
|
|
Term
| Who can Congress regulate? |
|
Definition
- Civil Right Act of 1875 – acknowledges that private conduct can be regulated but cannot extend to discriminatory conduct generally
- 14th Amendment applies to state conduct and cannot be used by Congress to regulate private behavior
- Congress can pass legislation to end slavery |
|
|
Term
| What is the scope of congressional enforcement authority? |
|
Definition
- 1. Rights creating/expanding view – Congress can interpret the 14th Amendment and can go beyond what SCTOUS has said is constitutionally required
- 1. Narrow view – remedial in nature; Congress can only provide remedies for rights recognized by the courts 1. Narrow view – remedial in nature; Congress can only provide remedies for rights recognized by the courts |
|
|
Term
| Test to determine if something constitutes a tax for the purposes of congressional taxing power |
|
Definition
1. Does the measure operate as a tax (i.e. does it raise some revenue)?
2. Does it function in way that is more properly characterized as penalty? |
|
|
Term
| Tests for a challenge based on the Equal Protection Clause |
|
Definition
1. Strict scrutiny (race or national origin)
2. Intermediate scrutiny (gender)
3. Mere rationality |
|
|
Term
| Strict scrutiny (equal protection challenge) |
|
Definition
- Applies to any statute regarding race or national origin
- To be upheld, a statute must serve a compelling government interest and there must be no other alternative way of achieving this interest |
|
|
Term
| Intermediate scrutiny (equal protection challange) |
|
Definition
- Used for challenge based on gender
- Statute must serve important governmental objectives and must be substantially related to those objectives |
|
|
Term
| Mere rationality (equal protection challenge) |
|
Definition
| There must be a rational relation between means selected by the legislature and a legitimate legislative objective |
|
|
Term
| Katzenbach v. Morgan & Morgan |
|
Definition
| New York’s voting law requiring English literacy is discrimination in violation of the Equal Protection Clause; Congress can overturn state legislation without judicial determination if it violates equal protection |
|
|
Term
|
Definition
| struck down Violence Against Women Act – 14th Amendment cannot reach purely private conduct, the remedy must come from the states themselves |
|
|
Term
|
Definition
| Congress cannot use its 14th Amendment remedial powers to prevent local governments from unintentionally burdening individual’s freedom in certain ways; Religious Freedom Restoration Act declared unconstitutional – Congress has the power to enforce, but not the power to determine what makes a constitutional violation |
|
|
Term
|
Definition
|
|
Term
| States cannot be sued by citizens of other states |
|
Definition
1. No diversity of citizenship jurisdiction (11th Amendment)
2. No subject matter jurisdiction (no federal question) |
|
|
Term
| Exceptions to state sovereign immunity |
|
Definition
1. Can sue state officials in their official capacity for injunctive relief
2. States can waive immunity and consent to be sued
3. Congress, pursuant to Section 5 of 14th Amendment, can allow suit against a state government |
|
|
Term
|
Definition
| Congress may authorize suits under Section 5 of the 14th Amendment that are normally impermissible in another context |
|
|
Term
| Seminole Tribe v. Florida |
|
Definition
| College Savings argued a property interest in patent on college savings plan, but Court stated it cannot force a state to defend a private patent damage suit in federal court |
|
|
Term
| Kimel v. Florida Board of Regents |
|
Definition
Age Discrimination in Employment Act – age is not enough of a suspect classification to warrant heightened scrutiny; as long as there is a rational basis for the discrimination, it is not subject to equal protection
1. State governments cannot be sued under ADEA
2. If means are rationally related to a state interest, discrimination is legitimate
3. Statutory remedy under Section is not congruent with any pattern constitutional violation |
|
|
Term
| Florida Prepaid v. College Savings Bank |
|
Definition
| College Savings argued a property interest in patent on college savings plan, but Court stated it cannot force a state to defend a private patent damage suit in federal court |
|
|
Term
| Board of Trustees, Univ. of Alabama v. Garrett |
|
Definition
| employees of the state cannot recover monetary damages for violations of ADA; under rational basis review |
|
|
Term
| Nevada Dept. of Human Resources v. Hibbs |
|
Definition
a. claimed violation of FMLA and sued Nevada, Court ruled:
1. FMLA is a valid abrogation of 11th Amendment
2. Sex discrimination is evaluated using intermediate scrutiny – government has to purport of an important governmental interest rather than a rational basis
3. What looks like generous benefits to women actually perpetrate the stereotype |
|
|
Term
|
Definition
| involved ADA and access of disabled people to courts, Court found access to court is a fundamental due process right |
|
|
Term
|
Definition
| prisoner asserted violation of ADA, Court held Congress can create private remedies against the state for actual violations of Section 5 |
|
|
Term
|
Definition
| states have full sovereign immunity from any private suit in the state’s own courts seeking damages for state’s violation of federal law |
|
|
Term
| Limits of state regulatory and taxing power |
|
Definition
1. Preemption from the Supremecy Clause
2. Dormant commerce clause |
|
|
Term
|
Definition
| State law must conform to the dictates of the Constitution, and yield to constitutionally valid federal law whenever a conflict between the two arises |
|
|
Term
| Supremacy Clause implicated when.. |
|
Definition
1. Conflict between state and federal law
2. When state attempts to tax or regulate a federal program |
|
|
Term
|
Definition
1. Express - when Congress expressly describes the extent to which a federal law preempts state law
2. Implied by Congressional intent (2 types)
a. Conflict preemption - state law is invalidated by its conflict with federal law
b. Field goal preemption - State law will be void where it operates in an area that Congress intends be under exclusive federal control |
|
|
Term
| Florida Lime & Avocado Growers v. Paul |
|
Definition
| when two laws can successfully co-exist, the there is no preemption |
|
|
Term
| Pacific Gas & Electric v. State Energy Resources Commn. |
|
Definition
| Allowing states to require adequate storage and disposal of hazardous waste does not conflict with the purposes behind the federal regulatory scheme |
|
|
Term
|
Definition
| area of field preemption – Congress intends to occupy the entire field of immigration so PA alien registration act is preempted |
|
|
Term
|
Definition
Arizona’s “Support Our Law Enforcement and Safe Neighborhoods Act” –
1. Section 3 – Arizona cannot enforce federal law on its own, so this is preempted
2. Section 5 – 5(c) – not Arizona’s place to make a law imposing penalties on immigrants seeking work
3. Section 6 – cannot provide state officers greater authority than immigration officers
4. Section 2(b) – “show me your papers” provision is inappropriate without interpretation by state courts that this conflicts with federal law |
|
|
Term
|
Definition
| Where Congress has not legislated under the Commerce Clause and the Clause thus remains dormant, state laws that burden or discriminate against interstate or foreign currency may still be invalidated |
|
|
Term
| Reasons for dormant commerce clause |
|
Definition
1. Free trade rationale - state boundaries should not be used to prohibit the flow of goods in interstate commerce
2. National unity
3. Process-based - generally the idea that residents of a state are disadvantaged by acts of a state they have no say in |
|
|
Term
|
Definition
| a state cannot promote its economic interests by denying a right to operate in interstate commerce |
|
|
Term
| Cooley v. Board v. Wardens |
|
Definition
(old commerce clause approach) Involved fine to use non-local pilots on ships
1. Court found this touched on matters of local concern even though it had incidental bearing on interstate commerce
2. Not much guidance on how one is supposed to know whether a state statute is permissible because it touches on local interest |
|
|
Term
| Contemporary test for dormant commerce clause |
|
Definition
- If law discriminates against out-of-state commerce, it will be upheld only if there is a legitimate local purpose and the purpose cannot be achieved by any other means
- If the law does not discriminate, balancing test between burdens on interstate commerce and the benefits |
|
|
Term
| South Carolina State Highway Dept. v. Barnwell |
|
Definition
| requirement for trucks traveling on SC roads are within state power for safety interest even if there is an incidental burden on interstate commerce |
|
|
Term
| Southern Pacific Co. v. Arizona |
|
Definition
| Arizona Train Limit Law of 1912 – imposed an undue burden on interstate commerce because longer trains are standard practice |
|
|
Term
| City of Philadelphia v. New Jersey |
|
Definition
| allowed state to limit the market of landfills to out of state providers |
|
|
Term
| Carbone v. Town of Clarkstown |
|
Definition
| state or local government cannot require that its own garbage be locally processed |
|
|
Term
| United Haulers Assn. v. Oneida-Herkimer Solid Waste Management Authority |
|
Definition
| rule from Carbone does not apply when government owns facility – government can have monopoly |
|
|
Term
| Hunt, Governor of North Carolina v. Washington State Apple Advertising Commn |
|
Definition
| NC statute requiring imported apples to bear a U.S. grade or standard is discriminatory in effect and purpose (increase cost to WA growers to put their product in NC) |
|
|
Term
| Exxon Corp. v. Governor of Maryland |
|
Definition
| fact that statute fell on some out of state companies was insufficient to establish that “interstate commerce” was discriminated against |
|
|
Term
| West Lynn Creamery v. Healy |
|
Definition
| pricing order unconstitutionally discriminates against out-of-state farmers |
|
|
Term
| State of Minnesota v. Clover Leaf Creamery Co. |
|
Definition
| statute was enacted for environmental reasons, so burden on interstate commerce to change packaging to not plastic is slight |
|
|
Term
| Dean Milk v. City of Madison, Wisconsin |
|
Definition
| prohibition that it is unlawful to sell milk that hasn’t been pasteurized within five miles of the city is specific to discriminate in favor of local business |
|
|
Term
|
Definition
| facially discriminatory law to prevent importing of baitfish served purpose to protect environment from non-native species, no other way to protect the environment that ban |
|
|
Term
| Pike v. Bruce Church, Inc. |
|
Definition
| balancing test of state interests versus burden on interstate commerce – interest of enhancing reputation of Arizona cantaloupes outweighed by national interest in unencumbered commerce |
|
|
Term
| Bibb v. Navajo Freight Lines |
|
Definition
| local mud flap requirement that is nondiscriminatory placed undue burden on interstate commerce because most states have straight mudflap requirement |
|
|
Term
| Consolidated Freightways v. Kassel |
|
Definition
| shorter truck requirement is a heavy burden on interstate commerce |
|
|
Term
| Exceptions to the dormant commerce clause |
|
Definition
1. Congressional approval
2. Market participant - state can preferentially treat its own citizens when it acts as a participant in the market |
|
|
Term
| Western & Southern Life Ins. v. State Board of Equalization of California |
|
Definition
| CA imposed a state tax on out-of-state insurance companies, not a violation because Congress removed commerce clause restriction on power to tax insurance companies (congressional approval to dormant commerce clause) |
|
|
Term
|
Definition
| because SD is the business and not a regulator, they can favor their own citizens in supplying cement |
|
|
Term
| White v. Mass. Council of Construction Employers, Inc. |
|
Definition
| local statute that required city funded construction projects must be half worked by residents was allowed because government funded construction projects as a market participant |
|
|
Term
| South-Central Timber Development, Inc. v. Commissioner, Dept. of Natural Resources of Alaska |
|
Definition
| downstream regulation is beyond the scope of market participant where purchasers of state owned timber were required to have it processed in AK before being shipped out-of-state |
|
|
Term
| Privileges and Immunities Clause |
|
Definition
- States cannot discriminate against non-citizens in fundamental rights and economic securities
- If there is a differentiation based only upon citizenship, it must be justified |
|
|
Term
|
Definition
| where out of state residents were required to pay $2500 to fish for shrimp and residents $25, was discriminatory because it prevents noncitizens from accessing state resources to earn a living (P&I Clause) |
|
|
Term
| United Building & Construction Trades Council v. City of Camden |
|
Definition
| P&I Clause is not subject to market participant exception where local ordinance required 40% of work force on city funded projects to be city residents |
|
|
Term
| Baldwin v. Fish & Game Commn. of Montana |
|
Definition
| the right to recreationally hunt is not fundamental to national unity, so higher charge for non-resident hunting license does not violate P&I |
|
|
Term
| Supreme Court of New Hampshire v. Piper |
|
Definition
| required residency to be admitted to state bar, privilege to practice law is a fundamental right not limited to state residents |
|
|
Term
| Incorporation of the Bill of Rights to the states |
|
Definition
- Selective: fundamental liberties should be incorporated; individual liberties are to be made applicable to the states on a case-by-case determination by Court
- Total: all of the Bill of Rights should be incorporated to the states; problem is that state/local governments can't do a lot of things they used to do |
|
|
Term
|
Definition
| where plaintiff argued city took his wharf by making the water too shallow, Court held that 5th Amendment only applies to federal government and purpose is not to place restrictions on state or local legislation |
|
|
Term
|
Definition
| Monopoly to one facility in New Orleans did not deprive butchers of equal protection of the law to practice their trade (selective incorporation) |
|
|
Term
|
Definition
| right to travel embraces a citizen’s right to be treated equally in a new place of residence, so CA law limiting welfare benefits to individuals in residence less than 12 months violate Constitution (selective incorporation) |
|
|
Term
|
Definition
| allowed jury to draw an unfavorable inference from Defendant’s failure to testify, self-incrimination not a fundamental right applicable to the states even if state cannot deny due process under 14th Amendment (old law) |
|
|
Term
|
Definition
| specific interest against double jeopardy is not a fundamental right (old law) |
|
|
Term
|
Definition
| prosecutor can comment on a defendant’s failure to testify (old law) |
|
|
Term
|
Definition
| guaranteed right of jury trial only for capital cases – right of jury trial prevents oppression (old law) |
|
|
Term
|
Definition
| - The Fourteenth Amendment applies only to state and local governments, not private entities. |
|
|
Term
| Public function doctrine (state action) |
|
Definition
| If a private individual or group is entrusted by the state to perform functions that are traditionally viewed as governmental in nature, the private individual or group becomes an agent of the state (so 14th would apply) |
|
|
Term
| State involvement doctrine (state action) |
|
Definition
| When the state is entangled with a private actor, 14th may apply |
|
|
Term
|
Definition
| Court held anti-discrimination law was unconstitutional because Constitution only applies to the actions of the state |
|
|
Term
|
Definition
| free exercise outweighs whatever the interests are of the owner of the town; operation of the town is a public function |
|
|
Term
| Jackson v. Metropolitan Edison Co. |
|
Definition
| not a sufficiently close nexus between state and challenged action of regulated entity so that the action of the regulated entity can be treated as state action; where PA not connected enough with utility company in terminating service (state action) |
|
|
Term
|
Definition
| where park is administered by the state, it cannot be segregated |
|
|
Term
| Amalgamated Food Employees Union Local 590 v. Logan Valley Plaza, Inc. |
|
Definition
| private shopping center is the functional equivalent of the business district in Marsh, center’s owner could not constitutionally use state trespass law to bar peaceful union picketing of a store in the center |
|
|
Term
|
Definition
| barred anti-war activists from distributing leaflets at shopping center (state action) |
|
|
Term
|
Definition
| Lloyd overruled Logan Valley, and 1st Amendment did not guarantee free speech at privately owned shopping centers, whether or not the speech relates to the business (state action) |
|
|
Term
| Entanglement (state action) |
|
Definition
| private conduct must comply with the constitution if the government has authorized, encourage, or facilitated the unconstitutional conduct |
|
|
Term
|
Definition
| state action where state permitted pre-primary elections to usurp the role of the official primary |
|
|
Term
|
Definition
| voter initiative was unconstitutional when it repealed open housing laws and prevented the enactment of future anti-discrimination laws |
|
|
Term
|
Definition
| there was no state action when a private school that received almost all of its funding from the government fired a teacher because of her speech |
|
|
Term
| Brentwood Academy v. Tennesee School Athletic |
|
Definition
| private entity regulating high school athletics was a state actor based on the governments entwinement with (state action - entanglement) |
|
|
Term
|
Definition
| courts cannot enforce racially restrictive covenants - action of state courts and judicial officers in their official capacities is action of the state within the meaning of the 14th Amendment (state action) |
|
|
Term
| Lugar v. Edmonson Oil Co. |
|
Definition
| found there was state action when a creditor obtained a writ of prejudgment from a court – involvement of the court and sheriff for enforcing it was sufficient for state action |
|
|
Term
| Test for determining entanglement for judicial and law-enforcement actions: |
|
Definition
1. Deprivation must be caused by the exercise of some right or privilege created by the state, or a rule of conduct imposed by a person for whom the state is responsible
2. The party charged with the deprivation must be a person who may fairly be said to be a state actor because he is a state official or obtained aid from state officials, or because conduct is otherwise charged to the state |
|
|
Term
| Edmonson v. Leesville Concrete Co. |
|
Definition
| Batson challenges apply in private civil litigation (judicial state action) |
|
|
Term
| Burton v. Wilmington Parking Authority |
|
Definition
| government was so entangled with the restaurant that there was a symbiotic relationship enough to create state action (where restaurant refused to serve African Americans) |
|
|
Term
| Moose Lodge No. 107 v. Irvis |
|
Definition
| state grant of a liquor license to a private club was not sufficient government entanglement – liquor board has no control over membership or guest policies of the lodge |
|
|
Term
|
Definition
| there was state action when the government gave free text books to private schools that engaged in racial discrimination |
|
|
Term
|
Definition
| no state action because it was the decision of the private nursing home to transfer the patients – neither the extent of state regulation nor the size of state funding is a basis for finding state action – state financial incentive for transfer are insufficient for state action |
|
|
Term
| Lorillard Tobacco Co. v. Reilly |
|
Definition
| MA state regulations were preempted by Federal Cigarette Labeling and Advertising Act (express preemption) |
|
|
Term
| Types of activity under the Commerce Clause |
|
Definition
1. Commercial and economic
2. Non-commercial |
|
|
Term
| Categories of regulation under Commerce Clause |
|
Definition
1. Channels of interstate commerce
2. Instruments of interstate commerce (or person or things used to carry out interstate commerce)
3. Activities that have a substantial relation to interstate commerce |
|
|
Term
|
Definition
| Activity involved in the commercial exchange of goods and services |
|
|
