Constitutional Law

Power of the judiciary

Federal courts have the power to hear cases and controversies that are based on a federal question, diversity cases, and admiralty and maritime cases.

Determining Justiciability

SRMP

Standing, Ripeness, Mootness, and Political Question Doctrine

Standing

An individual needs an injury in fact, causation, and redressability to file a lawsuit. The case must be ripe and cannot be moot. A court will not render advisory opinions!

No Third party standing: EXCEPT (1) close relationship (2) injured 3rd party unlikely to assert his own rts OR (3) Associational standing: indivs would have standing; germane to organization’s purpose; neither claim nor relief requires participation of indivs.

Injury

A plaintiff must have injury to have standing. The P must allege and prove they personally have been or imminently will be injured. Ps seeking injunctive or declaratory relief must show a likelihood of future harm.

• Injury does not need to be economic!

Causation and Redressability

A plaintiff need have causation and redressability (along with injury) to have standing. There must be a causal connection between the injury and the conduct complained of. P must allege and prove that D caused the injury so that a favorable ct decision is likely to remedy the injury.

Generalized Grievances

A plaintiff may NOT have standing if they are suing solely as a taxpayer or citizen interested in having the government follow the law, EXCEPT taxpayers have standing to challenge gov’t expenditures pursuant to fed or state & local statutes as violating Establishment Clause.

Ex: YES standing to challenge fed law providing $$ to parochial schools, NO standing to challenge: fed gov’t grants of property to religious institutions, fed gov’t expenditures from general exec revenues, state tax credits that benefit religious institutions.

Ripeness

Ripeness is the question of whether a fed court may grant pre enforcement review of a statute or regulation (via declaratory judgment) Federal courts consider 2 factors: (1) hardship that will be suffered w/o pre enforcement review and (2) fitness of the issues and record for judicial review (does ct have all it needs to effectively decide the issue)?

Mootness

If the events after the filing of a lawsuit end P’s injury, the case must be dismissed as moot - EXCEPT if (a) it is a wrong capable of repetition but evading review, (b) voluntarily cessates offending conduct but free to resume it at any time, or c) in a class action suit, at least one member of class has ongoing injury

Political Question Doctrine

Federal courts will not hear political questions (those given to another branch of government by the Constitution), particularly in 5 cases: challenges to Amend’s; Foreign policy; Repub form of gov; Impeachment & removal process; partisan gerrymandering.

When may the Supreme Court review a state court decision?

Only if:

1. There is a federal issue;

2. There is a final judgment;

3. It comes from the highest state court that can hear the case; and

4. There is no adequate and independent state ground.

What is an adequate and independent state ground?

A state-law basis for the decision that alone supports the judgment, regardless of the federal issue.

Ask: If SCOTUS reversed the federal issue, would the outcome change?

• Yes → SCOTUS may hear the case.

• No → Adequate & independent state ground; SCOTUS cannot hear the case.

Why can't SCOTUS review cases resting on adequate and independent state grounds?

Because reversing the federal issue would not change the outcome, making the decision advisory only

When does the Supreme Court have original and exclusive jurisdiction?

Cases between states (Only SCOTUS can hear State v. State)

What cases fall within the Supreme Court's original jurisdiction?

Cases involving:

• Ambassadors

• Public ministers

• Consuls

• A state as a party

Mnemonic: APS

State court decision rests on both federal and state grounds. Can SCOTUS review?

Only if reversing the federal ground could change the result.

If the state ground independently supports the judgment, SCOTUS lacks jurisdiction.

Eleventh amendment

Bars suits against states in federal court (a private individual cannot sue a state for money damages in fed court)

Congress & Judicial Powers

Congress cannot eliminate supreme court or divide it. However, Congress may est lower federal courts and give those courts jx to hear same types of cases that go to SCOTUS (and it has done so for all cases besides cases btwn states)

Principle of Sovereign Immunity

States generally cannot be sued by private parties (11A = federal court; sovereign immunity = broader protection).

Exceptions (WAC-BASS):

• Waiver (express state consent)

• Army & Navy powers (Congress)

• Congress validly removes immunity (under § 5 of 14Am)

• Bankruptcy proceedings

• Actions by the federal government against a state

• State officials sued for prospective injunctive relief

• State officials sued for damages from their own pockets

NOT allowed: Retroactive damages paid from the state treasury.

Types of Supreme Court Jx

Original & Exclusive Jurisdiction → for cases between states (ONLY SCOTUS can hear cases between states)
Original Jx → Over any case that involves APS (Ambassadors, Public ministers, Consuls, state as a party)

Appellate Jx → Over a final judgment from highest state court if case has a fed issue & there are no adequate & independent state grounds (also rare mandatory appellate jx)

Abstention

Fed courts should not enjoin pending state court proceedings unless case is brought in bad faith or for harassment purposes

Powers of Congress

Congress makes the laws but needs bicameralism (approval by both houses) and presentment (approval by the president) in order to pass a law

Congress’s Authority to Act

1. Must be express or implied congressional power (no general fed police power except for Military; Indian

   reservations; Land (fed); DC)

2. Necessary and Proper Clause

3. Taxing & Spending Power

4. Commerce Power

5. 10th Amendment as Limit on Congressional POwer

6. Congressional power under § 5 of 14am

Express or Implied Congressional Power

Necessary & Proper Clause

Congress can choose any means not prohibited by the Constitution to carry out its authority - ex: army & navy they can implement the draft, schools, etc.

Must be combined with another power.

General Welfare

Congress may only adopt for general welfare any tax or revenue program that it reasonably believes will serve the general welfare (but it cannot ACT for the general welfare

Commerce Power

Congress can regulate any channels (places) instrumentalities, persons or things, anything economic that substantially affects interstate commerce, and anything noneconomic that has a substantial effect + based on cumulative impact but NOT inactivity