Constitutional Law - MBE

Constitutional Law - MBE Judicial Power - Article 3 of constitution, actual cases and controversies Justiciability: what, when, who Advisory Opinions - May not render advisory opinions which are cases that lack: 1) actual dispute 2) any legally binding effect on the parties. Ripeness - Too earl, no pre-enforcement review of laws unless 1) P can show substantial hardship 2) Issues and records are fit for review Mootness - Courts may decide only live controversies Live if: 1) for injuctive or declaratory challenged law or conduct continues to injure 2) for damages Exceptions: 1) injury capable of repetition yet evades review (abortion laws) 2) D voluntarily stops but may restart at will 3) Class Actions, only one plaintiff needed Standing - Injury + causation and redressability Injury - Almost any harm counts, must have occurred or be immanent Who? Plaintiff, no 3rd party standing Not ideological objections or generalized grievances as citizen or tax payer unless challenging own tax liability or violations of establishment clause Exceptions to Injury - Exception: close relationship = P suffered injury, 3rd party unlikely or unable to sue & P can represent 3rd parties interests Or organizations may sue on behalf of members Or Free Speech overbreath claims = P who's speech is not protected may raise claim of 3rd party whose speech is protected if there is substantial overbreath in the law (illegitimate to legitimate sweep) & it's not commercial speech Legislative Standing - Only for acts that injure them personally vs. acts that injure the legislature generally Causation and Redressability - Causation: P must show that injury is fairly traceable to D Redressability: P must show that favorable court decision can remedy the harm Political Question Doctrine - Federal Courts won't hear questions committed by constitution to the political branches of govt. OR incapable of, or inappropriate for judicial resolution. Examples: 1)Guarantee to republican form of govt. 2) Foreign Affairs 3) Impeachment 4) Partisan jerrymandering 5) Challenges of election and qualification of members of congress 6) Seating of delegates at political convention Sovereign Immunity - State actions against states barred in federal courts and agencies and state courts Exceptions: Waiver by express consent Suits by other states or the fed. govt. Bankruptcy proceedings Clear abrogation of sovereign immunity by congress under 14A Not barred by Sovereign Immunity - Suits against state officials for injunctive relief or money damages; suits against local govt. Abstention - Fed. courts may decline to decide a question involving unsettled question of state law and generally may not enjoying state administrative or judicial proceedings. Supreme Court Review - Hears only after "final judgement" Independent and Adequate State Grounds (IASG) = outcome would be the same regardless of how the court ruled Legislative Power: Overview - Art 1, limited to enumerated powers, no general police power except fed land, DC and Indian reservations Necessary and Proper Clause - Not a basis of legislative power, allows congress to choose any rational means to carry out an enumerated power Taxing and Spending Powers - Congress may tax and spend to provide for general welfare. Includes any public purpose not prohibited by Constitution Commerce Power - Congress may regulate commerce with: 1) Foreign Nations 2) Indian Tribes 3) Among the states Interstate Commerce - Channels of interstate commerce 1) Instrumentalities of interstate commerce 2) Activities that in aggregate have a substantial effect on 3) Interstate commerce. Exception: non-economic activity in area traditionally regulated by states Delegation of Power - To Agencies - May broadly delegate power as long as some intelligible principle guides exercise of delegated power To President - No line item veto To Congress - can't delegate around bicameralism and presentment Speech and Debate Clause - Members of Congress enjoy immunity from civil and criminal liability Executive Power - Enforcement = power and duty to execute laws Appointment = Ambassadors, judges and officers, must receive majority vote in Senate. Congress may vest apt. power in President for inferior officers Removal = high level - at will, others for good cause Pardon Power - May pardon anyone accused or convicted of a federal crime, does not cover civil liability, can't pardon crimes underlying impeachment in th house Foreign Power - Congress declares war President, as commander in chief, has broad discretion to deploy troops internationally Treaties - President negotiates, Senate ratifies via 2/3rd vote Trumps existing and future state law Trumps existing federal law