STANDING
Whether P is the proper party to bring a matter to the court for adjudication
a. Injury
b. Causation & redress-ability
c. No Third Party standing
d. No generalized grievance
3 exceptions to rule against 3rd party standing
- close relationship between p and injured party
- if injured third party is unable to assert his or her own rights
- an organization may sue for members.
Exception to rule against generalized grievances
Taxpayers have standing to challenge government expenditures pursuant to federal (or state and local) statues as violating the establishment clause
Ripeness
Whether fed. court can grant pre-enforcement review of a statute/regulation
a. hardship that will be suffered w/out pre-enforcement review
b. fitness of the issues and record for judicial review
Mootness
If events after the filing lawsuit end plaintiff’s injury the case must be dismissed as moot.
3 exceptions re: mootness
- wrong capable of repetition but evading review
- voluntary cessation by D
- class action suits
Political question doctrine
Political ? doctrine refers tl constitutional violations that teh federal courts will not adjudicate
a. “Republican form of govt. clause.
b. Challenges to Pres.’s conduct on foreign policy
c. Challenges to the impeachment and removal process
d. Challenges to partisan gerrymandering.
Exceptions to sovereign immunity. States may be sued under the following circumstances
i. waiver permitted
ii. state may be sued pursuant to fed laws adopted under sec. 5 of the 14th. Congress cannot authorize suits against states under other constitutional provisions
iii. fed. gov. may sue state govts.
iv. BR proceedings
Suits against state officers are allowed (2 instances)
- State officers may be sued for injunctive relief
- State officers may be sued for money damages to be paid out of their own pockets
- -> State officers may not be sued if it is the state treasury that will be paying retroactive damages.
Abstention
Federal courts may not enjoin pending state court proceeding
Congress’ authority to act [5]
- express or implied
- N/P clause
- Taxing/spending & commerce power
- 10th am as limit
- Congress’ power under section 5 of the 14th am.
Delegation of powers (congress)
- NO limits exist on Congress’ ability to delegate legislative power
- Legislative veto and line-item vetos are unconstitutional
- Congress may not delegate executive power to itself or its officers
