Rule statements for con law 1

Standing

When a person has a personal stake in the outcome of the case.

Standing occurs when there is an injury in fact, causation, and redressability

Taxpayer standing

A taxpayer has standing if there is a logical link between the tax and the effect on the plaintiff

3rd party standing occurs when

The plaintiff has a close relationship with the harmed party and the harmed party can’t bring the claim themselves

Organizational Standing occurs when

A member of the group has standing and the lawsuit is related to the group’s purpose

Ripeness occurs when

The case is ready for review.

A case is not ready to be heard when disputes are premature or based on a hypothetical harm.

To meet the two part ripeness test

there has to be immediate, concrete harm and hardship in waiting

Pre-enforcement consideration occurs when

there is an active threat of injury and immediate harm

A case is moot when

The case or controversy is not alive and the court’s decision would not affect the plaintiff

But exceptions to mootness occur where

the wrong is capable of repetition yet evading review or where the defendant has voluntarily stopped to avoid litigation

The political question doctrine

prevents courts from deciding issues that are committed to another branch of government

The establishment clause

prohibits laws respecting the establishing of religion

To assert an Equal Protection claim

the plaintiff must show that they are a member of the class of persons facing a facially discriminatory or facially neutral law and that there is discriminatory intent and impact from the law

The commerce clause

gives Congress exclusive authority to regulate interstate commerce

Congress may regulate

channels, instrumentalities, or economic activity that has a substantial effect on interstate commerce

Congress may regulate economic activities

if there is a rational basis to conclude that the activity substantially affects interstate commerce

Congress may regulate non-economic activity

if it has direct, substantial economic effect on interstate commerce (tough burden to satisfy)

The 10th amendment

reserves power to the states or the people

The two views of the 10th amendment are

the 10th amendment is broadened while the commerce clause is restricted

the commerce clause is broadened and the 10th amendment is restricted

The Privileges and Immunities Clause

means states cannot discriminate against citizens of other states in important economic activities or fundamental rights unless there is a substantial reason for the discrimination and no better alternative exists

The right to travel is

protected by the 14th amendment giving citizens the right to enter and leave states freely, the right to be treated equally as a visitor to a state, and P&I

Congress may tax and spend

in any way deemed necessary for the general welfare (concerning taxing, spending, Congress’s limited police power)

The spending power must

serve the general welfare, include unambiguous conditions, and relate to federal interests

Congress can use taxing power

to achieve a regulatory effect if the tax’s intent is to raise revenue and a reasonable link between the tax and regulation

The 14th amendment applies to

state action only

Express preemption

makes federal law explicitly override state/local law

Implied preemption

means state laws are preempted when the federal and state laws conflict

States cannot regulate

in fields fully occupied by federal law and state law cannot obstruct federal objectives unless serving a permissible purpose

The dormant commerce clause provides that

state and local laws are unconstitutional if they unduly burden interstate commerce

A facially neutral law

that discriminates against interstate commerce in effect are struck down

A non-discriminatory law

is upheld unless the burden on commerce exceeds local benefits

To defend their law a state must show

the law has an important purpose and there is no reasonable non-discriminatory alternative

The pike balancing test asks

if the burden the law puts on interstate commerce excessive compared to the local benefits. If yes it is unconstitutional, if not it is upheld.

The exceptions to the dormant commerce clause are

congressional approval and the market participant exception

The market participant exception says that

a state acting as a buyer or seller can discriminate in favor of people in the state but they can’t impose regulations that have a substantial effect outside of that market

The 13th amendment

abolishes slavery and involuntary servitude, except as a punishment for a crime and applies to both private individuals and state actors

The 14th amendment

ensures due process, equal protection, and privileges and immunities for all individuals applicable only to state and local governments

The enforcement clause

allows congress to pass laws that remedy or prevent violations of the 14th amendment

The state action doctrine applies

only to state actions not private conduct

The exceptions to the state action doctrine are

public functions and entanglement exception

The public functions exception

says a private entity must comply with the Constitution if its performing a function normally and only done by the government

The entanglement exception

says if the government authorizes, facilitates, or encourages unconstitutional conduct, then the constitution applies and the government has to stop the business or conform to the Constitution

Entwinement means

private organizations closely tied to public functions are states actors