Constitutional Law – Core Doctrines

55 question-and-answer flashcards covering major Constitutional Law doctrines: judicial power, standing, Eleventh Amendment, congressional & presidential powers, Dormant Commerce Clause, due process, equal protection, takings, speech, religion, and association.

Which specific section of the U.S. Constitution establishes and grants judicial power to the federal courts?

Article III, Section 1 of the U.S. Constitution establishes and grants judicial power to federal courts.

What foundational principle, derived from Article III of the Constitution, limits federal courts to hearing only actual disputes?

Federal courts are constitutionally limited to resolving only "Cases" and "Controversies", ensuring they address genuine disputes, not hypothetical scenarios.

Beyond the two most common types, identify at least three additional categories of disputes where federal courts have jurisdiction, as outlined in Article III, Section 2 of the Constitution?

Article III, Section 2 grants federal courts jurisdiction over: (1) federal question; (2) ambassadors & consuls; (3) admiralty & maritime; (4) U.S. as a party; (5) between two or more states; (6) diversity suits; and (7) between a state (or its citizens) and foreign states or citizens.

Which seminal U.S. Supreme Court case established the principle of judicial review, granting the Court authority to declare acts of Congress unconstitutional?

Marbury v. Madison (1803) is the landmark case that established the Supreme Court's power of judicial review over congressional acts.

Explain the primary protection offered to states under the Eleventh Amendment regarding lawsuits in federal courts.

States are generally immune from suits in federal court for money damages or equitable relief brought by citizens of another state or foreign citizens.

Identify a specific circumstance under which a state may not claim Eleventh Amendment immunity from suit in federal court?

Exceptions to Eleventh Amendment immunity include: (1) state’s consent; (2) suits for prospective injunctive relief against state officials (Ex parte Young); (3) damages sought from an individual officer personally; and (4) Congress clearly abrogates immunity under the 13th, 14th, or 15th Amendments.

What are the three essential elements a plaintiff must demonstrate to establish constitutional standing to bring a case in federal court?

The three constitutional standing requirements are: (1) Injury-in-fact; (2) Causation; and (3) Redressability.

Under what narrow circumstances is a taxpayer typically granted standing to challenge federal government actions in court?

A taxpayer has standing to sue the federal government only to challenge specific congressional expenditures that violate the Establishment Clause.

Identify the two primary conditions that allow a litigant to assert the rights of a third party (third-party standing) in federal court.

Third-party standing typically requires a close relationship to the third party AND a hindrance to the third party’s ability to sue.

What three criteria must an association or organization satisfy to have standing to sue on behalf of its members in federal court?

An organization must show: (1) members would have standing; (2) the issue is germane to organization’s purpose; and (3) neither the claim nor relief requires individual member participation.

In the context of justiciability, explain the doctrines of ripeness and mootness and how they limit federal court jurisdiction.

Ripeness: case brought too early; injury is speculative. Mootness: case brought too late; live controversy no longer exists.

Provide one of the key factors identified in Baker v. Carr that signals a case involves a non-justiciable political question, meaning federal courts should decline to rule on it.

One trigger for a political question, identified in Baker v. Carr, is when the Constitution commits the issue to another branch, or no judicially manageable standards exist.

Describe one of the abstention doctrines that allows federal courts to decline to hear a case, even when they have jurisdiction.

Pullman abstention: federal court stays until state court resolves an unclear state-law issue tied to a federal claim.

Under its Commerce Clause power, what are the three broad categories of interstate commerce activity that Congress is permitted to regulate?

Congress may regulate three categories of interstate commerce activity: (1) Channels; (2) Instrumentalities/persons/things; and (3) Activities that substantially affect interstate commerce.

When evaluating whether an intrastate activity falls under Congress's Commerce Clause power, what key factors do courts consider to determine if it "substantially affects" interstate commerce?

Courts consider factors like: economic nature, jurisdictional element, congressional findings, or strong link between activity and interstate impact.

Explain the "aggregation principle" articulated in Wickard v. Filburn, which expands Congress's power to regulate local activities under the Commerce Clause?

The aggregation principle (Wickard v. Filburn) states that even a local act may be regulated if, in the aggregate, similar acts have a substantial economic effect on interstate commerce.

Why was the Gun-Free School Zones Act invalidated in United States v. Lopez, limiting Congress's Commerce Clause authority?

The Court struck down the Gun-Free School Zones Act in United States v. Lopez because gun possession in a school zone is non-economic activity lacking a substantial effect on interstate commerce.

What general standard does the Supreme Court employ to determine the constitutionality of a federal tax enacted under Congress's Taxing Clause power?

A federal tax is sustained under the Taxing Clause if it is reasonably related to raising revenue.

According to the Supreme Court's ruling in South Dakota v. Dole, what four criteria must federal spending conditions attached to grants to states meet to be constitutional?

Under South Dakota v. Dole, federal spending conditions must: (1) pursue general welfare; (2) be unambiguous; (3) be related to federal interest; and (4) not violate another constitutional provision & not be coercive.

What is the constitutional source of Congress's power to conduct investigations, and what are the key limitations on this power?

Congress’s investigatory power derives from the Necessary & Proper Clause; inquiries must further a legitimate legislative purpose and respect constitutional rights.

What cases fall within the Supreme Court’s exclusive original jurisdiction that Congress may NOT share with lower courts?

The Supreme Court has exclusive original jurisdiction over controversies between two or more states; Congress cannot share this with lower courts.

Explain the power granted to Congress by the "Exceptions Clause" concerning the U.S. Supreme Court's appellate jurisdiction.

The "Exceptions Clause" allows Congress to make exceptions to and regulations of the Supreme Court’s appellate jurisdiction.

Define the doctrine of "adequate and independent state grounds" and explain its effect on federal judicial review, particularly by the Supreme Court.

Adequate and independent state grounds are state-law grounds that fully resolve a case and do not rely on federal law, barring Supreme Court review.

Explain why the Necessary and Proper Clause is considered an auxiliary power, rather than an independent source of legislative authority for Congress.

The Necessary & Proper Clause is not an independent power source; it only authorizes means that carry into effect another enumerated power.

Among the Civil War Amendments (13th, 14th, 15th), which one is unique in granting Congress the power to prohibit purely private discriminatory conduct, not just state action?

The Thirteenth Amendment uniquely allows Congress to regulate purely private discriminatory conduct.

What constitutional standard, established in City of Boerne v. Flores, limits Congress's power to enforce the Fourteenth Amendment?

Congress’s §5 Fourteenth Amendment enforcement power is limited by the "congruent and proportional" test (City of Boerne), requiring laws to prevent or remedy constitutional violations in a fitting manner.

Describe the specific type of presidential veto known as a "pocket veto" and the conditions under which it occurs.

A "pocket veto" occurs when the President takes no action on a bill while Congress adjourns within 10 days, preventing the bill from becoming law.

Under what conditions may Congress constitutionally impose "for-cause" removal protections on executive branch officers, limiting the President's removal power?

Congress may require "for-cause" removal protection for members of independent multimember agencies with no executive power or for inferior officers with limited duties.

Explain the scope of executive privilege in criminal proceedings, as determined by United States v. Nixon.

Executive privilege is qualified in criminal proceedings (U.S. v. Nixon); it must yield to a demonstrated, specific need for evidence in a criminal trial.

Does a sitting President of the United States possess absolute immunity from civil lawsuits concerning actions taken before or unrelated to their official duties in office? Refer to a relevant Supreme Court case.

No; Clinton v. Jones allows civil suits against a sitting president for conduct unrelated to official duties.

Under the Dormant Commerce Clause, when is a state law that discriminates against interstate commerce considered valid and constitutional?

State regulation discriminating against interstate commerce is valid only if necessary to achieve an important local interest and no reasonable nondiscriminatory alternatives exist.

Explain the "market-participant" exception to the Dormant Commerce Clause doctrine.

The "market-participant" exception allows a state, when acting as buyer or seller, to favor in-state interests in that market.

According to Complete Auto Transit, Inc. v. Brady, what four criteria must a state tax satisfy to be considered constitutional when applied to interstate commerce?

The four Complete Auto factors for state taxes on interstate commerce are: (1) Substantial nexus; (2) Fair apportionment; (3) Nondiscrimination; and (4) Fair relation to services provided.

Identify one of the classic scenarios where purely private conduct can be deemed "state action" for the purpose of applying constitutional constraints.

Private party performing a traditional & exclusive public function (e.g., running a town) can trigger constitutional scrutiny.

What three factors established by Mathews v. Eldridge do courts use to determine the specific procedural due process safeguards required before the government can deprive an individual of a life, liberty, or property interest?

The three Mathews v. Eldridge factors for procedural due process are: (1) Private interest at stake; (2) Risk of erroneous deprivation vs. value of additional safeguards; and (3) Government interest/burden.

Identify at least three fundamental rights that the Supreme Court has recognized as protected under the Substantive Due Process Clause of the Fifth and Fourteenth Amendments.

Fundamental rights protected under substantive due process include: travel, vote, and privacy (marriage, contraception, child-rearing, etc.).

Fully define the legal standard of "strict scrutiny" and explain when it is applied in constitutional law.

Strict scrutiny: Law must be narrowly tailored (least restrictive) to achieve a compelling governmental interest; government bears the burden.

Which two specific classifications, typically based on personal characteristics, trigger the application of intermediate scrutiny in Equal Protection Clause analysis?

Gender and legitimacy (nonmarital children) are classifications that trigger intermediate scrutiny.

To trigger strict or intermediate scrutiny in an Equal Protection challenge to governmental discrimination, what must the plaintiff prove beyond mere disparate impact?

A plaintiff must show governmental discriminatory intent—facial, applied, or motive—not just disparate impact, to trigger strict or intermediate scrutiny.

Identify the two types of government actions that are considered "per se" (automatic) takings, requiring just compensation under the Fifth Amendment.

The two "per se" takings under the Fifth Amendment are: (1) Permanent physical occupation; and (2) Regulation leaving no economically viable use of property.

In the context of the Fifth Amendment's Takings Clause, what is the expansive "public-use" standard that the government must meet to justify taking private property?

The "public-use" standard in takings cases is met if the taking is rationally related to a conceivable public purpose (Kelo v. New London).

According to the Miller v. California test, what are the first two primary elements that must be met for material to be officially deemed "obscene" and therefore unprotected by the First Amendment?

The first two key obscenity prongs under Miller are: (1) Appeals to prurient interest AND (2) depicts sexual conduct in a patently offensive way, judged by community standards.

State regulation of truthful, lawful commercial speech must satisfy what four-part Central Hudson test first prong?

Truthful, lawful commercial speech must concern lawful activity and not be misleading; then regulation must directly advance a substantial interest and be narrowly tailored.

Regarding speech in a traditional public forum, what three specific criteria must a government's time, place, and manner restriction satisfy to be constitutionally permissible?

Time-place-manner restrictions in a public forum must be content-neutral, narrowly tailored to a significant interest, and leave open ample alternative channels.

Define the concept of a "prior restraint" on speech, and explain the heavy burden the government faces when attempting to impose one.

A "prior restraint" is a regulation preventing speech before it occurs; it is presumed unconstitutional unless government shows it is necessary and narrowly tailored.

What legal doctrine or approach has the Supreme Court used to uphold the constitutionality of long-standing religious monuments or displays on public land, such as an aged cross, against Establishment Clause challenges?

Historical practices and understandings—a presumption of constitutionality for long-standing monuments (American Legion) protects religious displays.

Explain the standard set by Employment Division v. Smith regarding the Free Exercise Clause, particularly concerning laws that incidentally burden religious practice?

Employment Division v. Smith states that neutral, generally applicable laws that incidentally burden religion need only satisfy rational basis.

Describe the "ministerial exception" doctrine under the First Amendment, which limits the application of employment discrimination laws to religious organizations.

The ministerial exception allows religious institutions to hire or fire "ministers" without interference; the First Amendment bars application of discrimination laws in that context.

Distinguish between the constitutionality of government limits on campaign contributions and limits on independent campaign expenditures under the First Amendment.

Contributions may be capped (intermediate scrutiny); independent expenditures generally may not (strict scrutiny).

Explain the "Government-Speech Doctrine" and its implication for the application of First Amendment speech principles.

The Government-Speech Doctrine means that when the government itself speaks, First Amendment constraints (like viewpoint neutrality) do not apply.

Distinguish between the constitutional doctrines of "overbreadth" and "vagueness" as they apply to government regulations impacting speech.

Overbreadth: law burdens a substantial amount of protected speech. Vagueness: law fails to give reasonable notice of what is prohibited.