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Definition
No advisory opinions
Ripeness
Mootness
Standing |
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| Federal courts will not determine the constitutionality of a statute if it has never been enforced and there is no real fear that it ever will be. |
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Definition
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A real controversy must exist at all stages of review.
Controversies capable of repetition but evading review are not moot. |
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Definition
Injury: Plaintiff must show that she has been or will be directly and personally injured by the allegedly unlawful government action
Causation
Redressability |
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Term
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Definition
Generally, no citizenship standing
Plaintiff can enforce a federal statute if within zone of interests.
Taxpayers can attack congressional SPENDING based on establishment grounds.
Person may have standing to allege federal action violates 10th Amendment. |
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Term
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Definition
| i. there is an injury in fact to members that gives them a right to sue on their own behalf ii. the injury is related to the organization's purpose iii. individual member participation in the lawsuit is not required. |
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| Adequate and Independent State Grounds |
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Definition
| The Supreme Court will not exercise jurisdiction if the state court judgement is based on adequate and independent state law grounds. |
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Definition
Unsettled questions of state law
Pending state proceedings: criminal, unless harassment or bad faith. |
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Definition
| 1. Constitutionally committed to another branch of government 2. inherently incapable of judicial resolution. |
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Term
| Political question examples |
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Definition
| Republic form of government clause of article 4; basis for ratifying constitutional amendments; whether person meets Congress agency, residency, or vote requirements; President's conduct on foreign policy questions |
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Term
| Eleventh Amendment Limits on Federal Courts |
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Definition
| Prohibits federal courts from hearing a private party's or foreign government's claims against a state government. |
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Term
| Political question: non political |
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Definition
Legislative apportionment
Abritrary exclusion of a congressional delagate
production of presidential papers |
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Term
| Eleventh amendment: actions against state officers |
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Definition
i. actions to enjoin an officer from future conduct that violates the Constitution or federal law, even it will require prospective from state
ii. actions against officer personally |
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Term
| Eleventh amendment: fourteenth amendment |
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Definition
| Congress can remove Eleventh Amendment immunity as to actions created under the Fourteenth Amendment |
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Term
| Necessary and Proper Power |
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Definition
| Congress has the power to make all laws necessary any proper for executing any power granted to any branch of the federal government. |
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Term
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Definition
| Congress has the power to tax, and most states will be upheld if they bear some reasonable relationship to revenue production or if Congress has the power to regulate the activity tax. |
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Term
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Definition
Congress may spend to provide for the common defense and general welfare.
Spending may be for any public purpose. |
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Term
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Definition
1. Regulate the channels of interstate commerce
2. Regulate the instrumentalities of interstate commerce
3. Activities that have a substantial effect
4. Economic or commercial activities |
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Term
| Military courts and tribunals |
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Definition
Court martial = no j review
Enemy soldiers = military courts. cannot deny habeus corpus w/o meaningful review.
American soldiers: all offenses committed by armed service members
American civilians: only if martial law and federal courts shut down. |
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Term
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Definition
| Congress has the power to dispose of and make rules for territories and other properties of the United States. |
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Term
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Definition
| Congress has police power type powers over DC. |
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Term
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Definition
Aliens have no right to enter U.S. whatsoever
Resident aliens = notice before deportation
Naturalization = Congress has exclusive power.
Cannot take away citizenship w/o consent |
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Term
| Delegation of legislative power |
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Definition
| Intelligible standards are set and the power is not uniquely confined to Congress |
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Term
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Definition
Executive appoints all ambassadors, other public ministers and consuls, justice of the Supreme Court, and all other officers of the United States whose appointments are not otherwise provided for with advice and consent of senate.
Congress may vest appointment of inferior officers in President alone. |
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Term
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Definition
President can remove high level at will
Congress may provide statutory limitations on the President's power to remove all other executive appointees. |
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Term
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Definition
The president may grant pardons for all federal offenses but not for impeachment or civil content.
Pardon power cannot be limited by Congress. |
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Term
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Definition
President has 10 days to exercise the veto power. If he fails to act within that time, the bill is automatically vetoed if Congress is not in session.
In session, bill becomes law. |
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Term
| President: internal affairs |
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Definition
Congressional authority = max
Silence = upheld unless it usurps the power of another branch
Against Congress = likely invalid |
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Term
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Definition
| President has no power to refuse to spend appropriated funds when Congress has expressly mandated that they be spend. |
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Term
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Definition
The president has no power to declare war but may act militarily in actual hostilities against the United States without a congressional declaration of war.
Appropriation may limit the president. |
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Term
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Definition
Require the consent of two-thirds of senate.
A conflict between a congressional act and a valid treat is resolved by order of adoption: the last in time prevails |
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Term
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Definition
Signed by the president and the head of a foreign country.
They do not require the consent of the senate.
Federal law prevails over agreement. |
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Term
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Definition
Pressing charges
Grounds include treason, bribery, high crimes, and misdemeanors.
A majority vote in House is necessary to invoke charges and a 2/3 vote in senate for conviction. |
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Term
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Definition
| A federal law may supersede or preempt local laws: 1. conflict 2. prevents federal objective 3. preemption (occupy field) |
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Term
| Interstate compact caluse |
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Definition
| If the agreement increases the states' power at the expense of federal power, congressional approval is required. |
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Term
| Full faith and credit clause |
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Definition
1. Court that rendered the judgment had jurisdiction over the parties and the subject matter
2. The judgment was on merits
3. The judgment is final |
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Term
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Definition
| Public policy forbids a state from suing the United States without its consent. |
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Term
| Federal officer as defendant |
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Definition
A suit against a federal officer is deemed to be brought against the United States itself if the judgment sought would be satisfied out of the public treasury or would interfere with public administration.
Specific relief will be granted against officer if officer acted ultra vires. |
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Term
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Definition
One state may sue another state without the latter's consent.
Supreme court has exclusive original jurisdiction. |
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Term
| Tax or regulation applying to both state and private entities |
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Definition
Valid
Tax regulation applying ONLY to states may be limited by 10th Amendment |
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Term
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Definition
| Congress may indirectly regulates states through the spending power by imposing conditions on the grant of money. |
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Term
| Commandeering state officials |
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Definition
| Congress may not require state officials to enforce federal laws because such a requirement would upset the Constitution's dual sovereignty structure. |
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Term
| Article IV- Privileges of state citizenship |
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Definition
Interstate privileges and immunities clause prohibits discrimination by a state against nonresidents
Only protects fundamental rights: commercial activities and civil liberties |
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Term
| Fourteenth Amendment: privileges of national citizenship |
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Definition
| States may not deny their citizens the privileges or immunities of national citzenship |
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