• Diversity Cases
• Federal Question

11th Amendment 

State Sovereignty

1. A State may not sue another State in Federal Court
2. Nor may an individual sue a State in Fed Court for money damages.. UNLESS

• Consent
• Congress Authorization
• State Officer

Adequate= fully dispositive

Independent= decision not based on fed. interpretation

• Federal Courts may not review cases based on state law/grounds..UNLESS..
  • Fed. Courts review of STATE decision under FED grounds
  • Fed. Courts review of STATE decision if not clear basis decision via STATE/FED Constitution
  • -remand to STATE CT.
  • -affirm under FED CT.

STANDING in SCOTUS

• Injury in Fact
• Causation
  • connect b/w injury & complaint conduct
• Redressability

*NOTE: Ruling in challenger's favor will eliminate Harm

Standing for Organization

1. Entity sustains injury OR;
2. Member of entity
3. injury related to entity purpose
4. Neither nature of claim nor relief requires indv. member participation

1. Ripeness= actual/immediate harm
2. Mootness= controversies of repetition

A federal case may not be dismissed for mootness..

• if event is short duration
• if ∆ voluntarily stops offending prac, but is free to resume it.

Abstention

• Younger- pending state crimes
• Pullman- unsettled state law cases
  • leave to state to decide

Prior Restraint

Advanced censorship for unprotected speech

UNCONSTITUTIONAL unless..

• avoid specific harms
• procedural safeguards
  • narrow 
  • definite
  • reasonable
• Must seek injuction

Procedural Due Process

(3 Questions)

1. Life, Liberty, or Property taken?
2. Individual or Govt interest?
3. Pre-deprivation, Post-deprivation, or Public Employee 

*Public Employee= 'For Cause"

• Pre-deprevation OR
• Post-deprivation + back pay + reason

Enforcement Clause of the

Fourteenth Amendment

Congress power to regulate state action

*NOt a source of power

Supremacy Clause

Federal law is supreme law of land.

State may not pass laws that..

1. conflict with federal laws
2. interrupt federal objectives
3. interfere where Congress 'occupies the field'

Supremacy Clause

(2 Questions)

1. Congress authorize or prohibit State regulation?

2. Federal law preempts state law via..

Pervasiveness; of fed. reg.

Uniformity; Need to uniform fed. reg

Similarity- of State/Fed Law

History- Subject-matter is Local/Federal

General Welfare Clause of 

Article 1, sec. 8

Commerce Clause of 

Article 1, sec. 8

Federal Laws that regulate ISC

• channels
• instrumentalities
• activity substantially affect ISC

Due Process Clause of 

Fifth Amendment

Due Process of the 

Fourteenth Amendment

Congress' power to enact legislation necessary to execute authority to any fed. branch.

*Not a source of power

Abolish slavery

• Congress power to legislate against public or private racial discrimination

Appointment Clause 

Art. 2 § 2 cl. 2

President shall..

"Nominate and by and with the advice of the senate, shall appt officers of the U.S."

The validity of Federal Statutes

(2 ways)

Federal statute must be..

1. Rationally related to enumerated powers

or 

2. Necessary & Proper to effectuate enumerated power

*CREATES DICES

The Validity State Statutes

(3)

State statutes.. 3 part test

1. Law within state power
2. Must not violate the constitutional rights
3. Must not unduly burden ISC

Privileges & Immunities Clause

Fourteenth Amendment

Privileges & Immunities 

Article IV

State may not discriminate vs out of state citizens via fundamental rights.. UNLESS..

• Substantial justification
• no less restrictive means

Title 42 USC § 1983: Public Employment Discrimination

Used to enforce rights based on Federal Constitution and Federal statutes

Application:

• Must show ∆ act in color of State law
• no private conduct
• Courts find liability on case by case basis depends on facts

Dormant Commerce Clause:

priv. & imm. of state citizenship (4)

ABSENT of Federal Regulation..

• No discrimination against out of state interests
• Regulation does NOT unduly burden ISC
• Reg not apply to wholly extraterritorial Activity

DCC: Priv. & Immu. of State Citizenship

EXCEPTIONS

1. State as market participant (state buying/selling)
2. state subsidies (welfare, in-state tuition)
3. Federal approval; congress auth. state regulation

Equal Protection of Fourteenth Amendment

(State vs private action)

STATE Action= violating individuals 14th amendment right of Life, Liberty, and Property

or 

PRIVATE Action=

• significant govt involvement
• Public function

Federal Regulation:

• no legal requirement of residency for private employment
• Forbids serious discrimination vs. out of state residents
  • absent substantial justification

EX POST FACTO

Clause of Art. 1 Sec. 10

• criminalizes crime at time committed
• imposition of more severe penalty
• deprives ∆ of defense
• decrease π burden of proof

Expressive Conduct (symbolic speech)

(3)

• further government interest
• interest unrelated to expression
• burden < than necessary

*If law is pursued interest other than to suppress, the law is upheld

vague= not clear notice of protections

overbreadth= burden > compelling govt interest

*NOTE: govt cannot punish a substantial amount of protected speech

Prior Restraint and

Exceptions

Advanced censorship

UNCONSTITUTIONAL.. unless

• to avoid specific harms
• procedural safeguards (narrow, definite, reasonable)
• must seek injunction

*Burden of govt to prove speech not protect'd

1. Public/designated forum
2. content-neutral on face
3. Alt. channels of communication
4. Law serves narrow significant state interst

(Govt property; NOT traditional speech forum)

• viewpoint neutral
• reasonably related to legit govt purpose

Public, but not govt may chang (Civ. auditorium, theatres, etc)

• time, place, and manner test

Places with gov't discretion

• no content neutral
• must be viewpoint neutral
• reasonable regulation
• legit govt interst

Govt may restrict commercial

• unlawful activity
• misleading/fraud ads

or

ADOPT

• restrictions of substantial interest
• direct advance govt int
• narrowly tailored to serve int

False statements that damages reputations

• public figures= reckless falsity + knowledge
• Private figures = negative falsity

1. sexy
2. society; patently offensive
3. standard; defined by standards
4. serious value (SLAP)