Constitutional Law

Question 1

What 5 things are required for a claim to be justiciable?

Answer 1

(1) plaintiff must have standing
(2) the claim must be ripe
(3) the claim cannot be moot
(4) the claim does not trigger the political question doctrine; and
(5) the court will not issue an advisory opinion.

Question 2

What are the 3 elements required for a plaintiff to establish [constitutional] standing?

Answer 2

injury in fact, causation, redressability

(1) plaintiff suffered an actual or imminent injury in fact
(2) the injury was caused by defendant’s actions, and
(3) the relief sought will redress the plaintiff’s injury (the harm can be fixed by the court).

Question 3

What are the 3 tests (standards of review) for testing the constitutionality of laws/actions?

Answer 3

(1) Strict Scrutiny
(2) Intermediate Scrutiny
(3) Rational Basis

Question 4

What is required for a law/action to survive Strict Scrutiny?

Answer 4

To survive, the law/act must be
(1) Related to a compelling government interest, and
(2) narrowly tailored to achieve it

Act/law presumed invalid and government has burden of proof.
Gov usually loses.

Question 5

What is required for a law/action to survive Intermediate Scrutiny?

Answer 5

To survive, the law/act must
(1) Further an important government interest, and
(2) be substantially related to it.

Act/law presumed valid. Burden of proof is on government.

Question 6

What is required for a law/action to survive Rational Basis review?

Answer 6

To survive, the law/act must be
(1) Rationally related to a legitimate government interest.

Act/law presumed valid. Burden of proof is on plaintiff/petitioner.

Question 7

What is required for someone to have 3rd Party Standing (standing to assert the rights of another)?

Answer 7

(1) a special relationship between the claimant and 3rd party, OR
(2) a showing of difficulty for the 3rd party to assert their own right.

Question 8

What 3 things are required for an organization to have standing on behalf of its members (organizational standing)?

Answer 8

(1) there is an injury in fact to members of the organization that would give individual members a right to sue on their own behalf;
(2) the injury to the members is related to the organization’s purpose; and
(3) neither the nature of the claim nor the relief sought require the participation of the individual members in the lawsuit.

Question 9

What is the general rule regarding Taxpayer Standing?

Answer 9

Generally, one does not have standing to challenge government action based on the mere fact they are a taxpayer.

Question 10

When does a taxpayer have standing to challenge government spending?

Answer 10

A taxpayer has standing to challenge spending that may violate the establishment clause.

Question 11

What does the Establishment Clause of the First Amendment do?

Answer 11

Prevents the government from establishing an official religion or favoring one religion over another.

The Establishment Clause states: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.”

Question 12

What must a plaintiff show in order to prove a case is ripe and proper for review?

Answer 12

A plaintiff must show that harm has already occurred or will imminently occur.

Question 13

When is a case rendered moot?

Answer 13

A case is rendered moot if the live controversy ceases to exist at any point during the litigation.

Question 14

When is a case that no longer has a live controversy NOT moot/dismissed for mootness?

Answer 14

A case will not be dismissed for mootness:
(1) if the injury is “capable of repetition, yet evading review” (defendant stops their conduct but could repeat it later),
and/or
(2) where any plaintiff in a class action lawsuit continues to have a live controversy, even if the representative’s claim is moot.

Question 15

What does the Privileges and Immunities Clause of Article IV of the Constitution do?

Answer 15

requires states to treat non-residents the same way it treats residents.

Exception for non-residents exploiting the state’s natural resources.

Question 16

What does the Privileges and Immunities Clause of the 14th Amendment do?

Answer 16

prevents states from infringing upon the fundamental rights of U.S. citizens

Helps with ensuring equal treatment and protecting rights like interstate travel, accessing courts, owning property, and basic civil liberties.

Question 17

When can a person who is in an organization that advocates for illegal conduct be punished or disqualified for a state benefit?

(3 requirements)

Answer 17

can be punished or disqualified for a state benefit only when they:
(1) are an active member of the organization
(2) know the org advocates for illegal conduct, and
(3) have the specific intent to bring about the accomplishment of the org’s illegal goal.

Question 18

Do federal courts have control over the conduct of executive branch officials (even if they are carrying out presidential orders)?

Answer 18

Yes.

Question 19

Does SCOTUS have jurisdiction to interpret state constitutions?

Answer 19

No.

Question 20

If an activity is largely of local concern, when can a state regulate it instead of the federal government?

Answer 20

State may regulate it
- in the absence of a federal statute specifically authorizing regulation by the states.

Question 21

When is a class action case not moot if the representative’s case is?

Answer 21

Not moot if any plaintiff in the class action suit continues to have a live controversy.

Question 22

When will a court refuse to hear a case on a political question basis?

Answer 22

If the case or controversy directly relates to a political question better suited for another branch of government.

Question 23

What issues have courts repeatedly found to be non justiciable for political question reasons?

Answer 23

Issues related to impeachment practices, president’s decisions related to foreign affairs, and questions related to the amendment ratification process.

Question 24

When will federal courts abstain from resolving a constitutional claim?
(Abstention)

Answer 24

When the constitutional claim is based on an unsettled question of state law.

Question 25

What does the 11th Amendment do regarding claims, cases, and controversies?

Answer 25

11A prohibits federal courts from hearing a private party’s claims against state gov unless - private party sues the proper state official, - the state consents to the suit, or - Congress removes immunity.

Question 26

Where is the executive power vested?

Answer 26

The entire executive power is vested in the President under Art. II, Section 1 of the US Constitution.

Question 27

What are the 3 tests for acts being within Presidential powers set forth in *Youngstown*?

Answer 27

1. President acts with express or implied authority of Congress. - exec. Powers are at highest and actions are likely valid. 2. President acts where Congress is silent. - Action upheld as long as act does not violate separation of powers and does not prevent another branch from carrying out its tasks. 3. President acts against the express will of Congress. - President has little authority and action is likely invalid.

Question 28

What are the Executive Powers relating to Foreign Affairs?

Answer 28

1. Military Power - President has no power to declare war. - President DOES have extensive military powers which include domestic affairs involving military necessities. 2. Treaty Power - treaty must conform to advice and consent of the senate “provided 2/3 of senators present concur.” 3. Executive Agreements - executive agreements preempt contrary state laws. - they do not preempt federal laws.

Question 29

What are the Executive Powers relating to Domestic Affairs?

Answer 29

1. Appointment and Removal Power 2. Pardons - can pardon anyone for violations of federal law 3. Vetoes - can veto bills in their entirety - canNOT line item veto to strike only portions of bills. 4. Executive Privilege and Immunity - president is immune from civil suits for damages caused by official acts while in office. - immunity does not extend to suits arising from events before president took office.

Question 30

When Congress is acting pursuant to its enumerated powers, and a plaintiff challenges the constitutionality of the legislation, - who has the burden of proof? - and what must be shown?

Answer 30

Plaintiff challenging the constitutionality of the legislation has burden of proof. Must show that the legislation - is not rationally related - to a legitimate government interest.

Question 31

What does the Necessary and Proper clause allow Congress to do?

Answer 31

It allows Congress, pursuant to an enumerated power, - to make all laws - that are necessary and proper - to effectuate its authority under that power.

Question 32

What 3 things does the Commerce Clause allow Congress to regulate?

Answer 32

Allows Congress to regulate (1) channels of interstate commerce (2) instrumentalities of interstate commerce (3) activities with a substantial relation to, or effect on, interstate commerce.

Question 33

Under the Commerce Clause power, when can Congress regulate INTRAstate economic activity?

Answer 33

Congress may regulate intrastate economic activity if (1) the activity has a multi-state impact, or (2) the activity in the aggregate has a substantial impact on interstate commerce.

Question 34

What clause can Congress use in conjunction with the Commerce Clause power to protect a strong federal interest?

Answer 34

The Necessary and Proper Clause.

Question 35

What does Congress’s Tax and Spend power allow it to do?

Answer 35

Allows Congress to tax and spend to provide for the common defense and general welfare of the United States.

Question 36

When is a tax valid under Congress’ Tax and Spend power?

Answer 36

A tax is valid so long as it - is related to some revenue raising purpose, - is uniform across the union, and - does not constitute a penalty.

Question 37

Congress may incentivize a State to act or not act by placing conditions on state funding. What are the 4 elements required for these conditions to be valid?

Answer 37

Such conditions must be (1) in pursuit of the general welfare (2) unambiguous (3) directly related to the federal interests, and (4) cannot be too coercive.

Question 38

What can Congress do under its War Power?

Answer 38

Under the War Power, Congress has the power to: (1) declare war (2) raise and support armies (3) provide for and maintain a navy, and (4) tax and spend for the national defense.

Question 39

What are the 10th Amendment limitations on the Federal Government’s powers?

Answer 39

10th Amendment makes it so that Powers - not delegated to the US by the constitution, - nor prohibited to the US by the states, - are reserved to the states or to the people.

Question 40

What does the Supremacy Clause of Article VI provide?

Answer 40

Provides that the Constitution, and laws and treaties made pursuant to it, are the supreme law of the land.

Question 41

What does the Supremacy Clause of Article VI do in regards to Preemption?

Answer 41

Where both state and federal government pass legislation on the same subject matter, the Supremacy Clause provides that - the federal law is supreme, - and the conflicting state law is rendered void.

Question 42

When will a local law that does not conflict with federally related conduct or objectives fail under the Supremacy Clause?

Answer 42

Local law will fail under Supremacy Clause if it appears that Congress intended to occupy the entire field.

Question 43

What does the Dormant Commerce Clause do?

Answer 43

Prohibits state and local governments from - enacting laws - that place an undue burden on interstate commerce - in the absence of an important state interest.

Question 44

State laws designed to discriminate against out-of-state economic interests in favor of in-state economic interests are unduly burdensome and thus unconstitutional unless the state can show _____?

Answer 44

Unless the State can show that there is an important state interest at stake with no less discriminatory means of accomplishing that interest.

Question 45

What does the Market Participant Exception do in regards to states discriminating against out-of-state interests in favor of in-state ones?

Answer 45

The Market Participant Exception - allows a state to prefer its own citizens - when the state is acting as a market participant (a buyer or seller in the market) - and not as a market regulator. Only use this exception when the State law prefers in-state interests over out-of-state ones. It is only an exception to discriminatory practices.