Constitutional Law Final

Article III

Establishes & empower judiciary branch

Justiciability & limits on judicial power

Standing, Mootness, Ripeness, Political Question, Jurisdiction, Abstention, Adequate and Independant State grounds

Elements individual standing:

1) Injury in fact

2) Causation

3) Rederessability

Standing element 1: injury

An actual or imminent injury that is direct & personal

Standing element 2: Causation

Injury was directly caused by challenged action

Standing element 3: Redressability

The plaintiff will benefit from the remedy sought in the litigation

Third Party Standing rule & elements: 

Rule: A party may have standing to enforce the rights of a third party if: 

1) A special relationship exists between the claimant and the third party because of the connection between the claimants interests and constitutional rights of the third person AND

2) The third party is unable or finds it difficult to bring suit on their own behalf

Organization Standing rule & elements:

Rule: an organization has standing to assert claims of its members if:

1) the members would have standing in their own right

2) The interest asserted is germane to the organizations purpose

3) Neither the asserted claim nor the relief requested requires individuals to participate in the lawsuit.

Mootness rule:

If a controversy or matter has been resolved, the case will be dismissed as moot. MUST remain a live controversy throughout. 

Exception: If injury is “capable of repetition yet evading review”, case will NOT be dismissed.

Political Question rule:

Federal courts CANNOT hear cases involving political questions. A political question is a matter assigned to another branch by the constitution or incapable of judicial answer.

Key case: Baker v. Carr

Political Question

A matter assigned to another branch by the constitution or incapable of

Explain Controversy:

A real substantial dispute between parties with adverse legal interests. There must a real opposing interest, not hypothetical or collusive.

Explain case: 

A concrete legal dispute between identifiable parties where one party claims a vioaltion of rights and seeks a judicial remedy. Generally involves protection or enforcement of a legal right.

Marbury v. Madison holding:

Established judicial review

-Courts can interpret laws, declare unconstitutional

3 key takeaway from Marbury v. Madison:

1) Judicial review: SCOTUS has power of judicial review

2) Fixed Jurisdiction: Congress may NOT expand SCOTUS original jurisdiction

3) Constitutional Supremacy: Constitution is supreme law of land

Explain Marbury v. Madison 3 takeaways:

1) Judicial review: SCOTUS has power of judicial review

-SCOTUS may declare laws unconstitutional

-SCOTUS may invalidate executive actions

2) Fixed Jurisdiction: Congress may not expand SCOTUS original jurisdiction

-original jurisdiction of SCOTUS fixed by the constitution

-Original jurisdiction MAY NOT be altered by legislation

3) Constitutional Supremacy: Constitution is supreme law of the land

-When a statue conflicts with the constitution, the constitution is supreme

Hierarchy: 

1) Constitution

2) Federal Statue

3) Executive Actions  

Justiciability:

Legal doctrine restricting federal courts to hearing actual concrete disputes between adverse parties which are ripe for decision and NOT moot. This ensures courts DO NOT issue advisory opinions or decide political question. 

Doctrines of Justiciability:

1) Standing

2) Ripeness

3) Mootness 

4) Political Question

5) Advisory Opinion 

6) Abstention 

7) Adequate independant state grounds 

Ripeness:

Ripeness bars consideration of claims before if NOT fully developed. Controversy must be ripe for decision. Court will wait for a law to be enforced or injury has occurred.

Mootness: 

Courts only decide ongoing live disputes. if a case or controversy has been resolved or expired, courts will dismiss case as moot.

Exception: If the “injury is capable of repetition yet evading revie” courts will NOT dismiss as moot. 

Article I

Legislative Branch

Congress powers:

Legislative

Commerce 

Taxing 

Spending 

War & Defense

Civil War 

Delegation 

Enumerated Powers: 

Enumerated powers are the specific, limited powers expressly granted to Congress by the U.S. Constitution, primarily listed in Article I, Section 8. Because the federal government is one of limited and delegated authority, Congress may legislate only when acting pursuant to one of these enumerations (or a power that is “necessary and proper” to carrying them into execution). These powers include, among others, the power to regulate interstate commerce, tax and spend for the general welfare, declare war, raise and support armies, coin money, and establish post offices. Any federal action outside these enumerated grants is presumptively unconstitutional unless supported by another constitutional provision.

Legislative Power:

Congress has the power to pass laws, but these law may not violate any constitutional rights. 

Enabling/enforcement clause:

Congress’s § 5 power is remedial, allowing it to enforce—but not redefine—Fourteenth Amendment rights through legislation that is congruent and proportional to preventing or remedying state violations, and does not reach purely private conduct.

What can congress do under the enforcement/establishment clause: 

• Only applies to STATE action, not private parties.

• Congress cannot create new constitutional rights.

• Congress cannot alter the meaning of the 14th Amendment.

• Legislation must be congruent and proportional to real constitutional violations.

• Must be based on judicially recognized rights, not Congress’s independent judgment.

• Cannot impose sweeping remedies without evidence of state violations.

• Cannot commandeer state governments (10th Amendment limits remain).

The enablings/enforcement clause test:

1) Congruent: 

-Must be a close relationship between constitutional injury identified by the court

-and the means used by congress to remedy/prevent this injury

2) Proportional:

The law must NOT be too sweeping.

Congress must use modest, balanced means tailored to actual violations. If congress goes too far, it is unconstitutional

The necessary and proper clause: 

The Necessary & Proper Clause, found in Article I, Section 8, Clause 18, authorizes Congress to “make all Laws which shall be necessary and proper for carrying into Execution” its enumerated powers, as well as those of the federal government generally. Although phrased as a limitation, the Clause functions as a source of implied power, allowing Congress to choose the means by which it effectuates its enumerated powers.