CSL2601.

Constitutional Law
(comprehensive)
1. [I. THE JUDICIAL POWER] What are the Article III justiciability
doctrines?: -
Standing, ripeness, mootness, political-question doctrine, and no advisory opinions.
2. [I. THE JUDICIAL POWER] What cases/controversies fall within
federal judicial power?: Federal questions, treaties, admiralty/maritime, diversity, state-party
disputes, and disputes involving foreign states/citizens.
3. [I. THE JUDICIAL POWER] What are the core standing requirements?:
Injury in fact, causation, redressability, no generalized grievances, and generally no third-party
standing unless an exception applies.
4. [I. THE JUDICIAL POWER] What must a plaintiff show for an
injunction?: Like-lihood of success, irreparable harm, balance of hardships favors plaintitt, and
injunction is in the public interest.
5. [I. THE JUDICIAL POWER] When does federal taxpayer standing
exist?: Usually never. Exception: taxpayer challenges a congressional taxing/spending measure as
violating a specific constitutional limit, especially the Establishment Clause.
6. [I. THE JUDICIAL POWER] What are the third-party standing
exceptions?: As-sociational standing; or plaintitt has close relationship with the right-holder and
the right-holder faces a hindrance to suing.

Associational =

One member could sue on their own At least one member personally suttered an injury;

The lawsuit fits the group's purpose The issue is related/germane to what the organization does; AND

The case does not require individual members to participate Usually okay for injunction/declaratory relief;
harder if damages require each member to prove individual harm.
7. [I. THE JUDICIAL POWER] What two factors determine ripeness?:
Fitness of the issues for judicial review and hardship of withholding review.
8. [I. THE JUDICIAL POWER] When does ripeness usually arise?: Pre-
enforcement challenges/declaratory judgments: plaintitt wants review before violating the law.
9. [I. THE JUDICIAL POWER] When may SCOTUS review a state-court
judgment?-
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, Constitutional Law
(comprehensive)
: Only final state judgments turning on federal law. No review if an adequate and independent state
ground supports the result.




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, Constitutional Law
(comprehensive)
10. [I. THE JUDICIAL POWER] How does mootness differ from
standing?: Standing asks whether injury existed when filed. Mootness asks whether a live
injury remains throughout litigation.
11. [I. THE JUDICIAL POWER] What are the main mootness
exceptions?: Capable of repetition yet evading review; voluntary cessation; certified class
actions; collateral consequences; unexpired damages claim.
12. [I. THE JUDICIAL POWER] What is the Guarantee Clause rule?: Article
IV guarantees a republican form of government, but claims under it are nonjusticiable political
questions.
13. [I. THE JUDICIAL POWER] What are classic political-question
areas?: Guarantee Clause, many foreign-attairs/war-power disputes, treaty termination
disputes, and partisan gerrymandering.
14. [I. THE JUDICIAL POWER] When may a plaintiff sue a state
officer despite sovereign immunity?: Oflcial capacity for prospective injunctions (Ex parte
Young) and individual capacity for personal damages. Retroactive damages from state treasury are
barred.
15. [I. THE JUDICIAL POWER] What does state sovereign immunity
bar?: Private suits against states in federal court, state court, or federal agencies unless waiver, valid
abrogation, or structural waiver applies.
16. [I. THE JUDICIAL POWER] When may Congress abrogate state
sovereign immunity?: Only with unmistakably clear intent and valid power, usually §5 of the
Fourteenth Amendment; not Commerce Clause alone.
17. [I. THE JUDICIAL POWER] What structural waivers of state
immunity mat-ter?: Bankruptcy and certain war-powers/Army-Navy contexts: states surrendered
immunity in the constitutional plan.
18. [I. THE JUDICIAL POWER] When must a federal court abstain
under Younger?: Generally when there is an ongoing state criminal/civil enforcement proceeding,
important state interest, and adequate chance to raise federal claims; exceptions for bad faith, harassment,
flagrantly unconstitutional law, or extraordinary circumstances.
19. [I. THE JUDICIAL POWER] When must SCOTUS hear a case?: Almost
never. Cert is discretionary; direct review mainly exists for certain three-judge district-court
injunction orders.
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20. [I. THE JUDICIAL POWER] When does SCOTUS have original
jurisdiction, and when is it exclusive?: Original: ambassadors/public ministers/consuls
and cases where a state is a party. Exclusive only for state-v-state disputes.
21. [I. THE JUDICIAL POWER] What if a claim invokes the Guarantee
Clause?: -
Dismiss as nonjusticiable under political-question doctrine.




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