Requirements for ∏ to have Standing: - ANSWER 1) injury: the ∏ must allege and prove
that he or she has been injured or imminently will be injured; injury is NOT established with
only IDEOLOGICAL OBJECTION; ∏s may only assert injuries that they personally have suf-
fered; ∏s seeking INJUNCTIVE or DECLARATORY relief must show a likelihood of future harm
2) causation and redressability: the ∏ must allege and prove that the ▵ caused the injury so
that a favorable court decision is likely to remedy the harm
3) no third party standing: a ∏ cannot assert claims of others, of third parties, who are not
before the court, because ∏s must present PERSONALLY SUFFERED
4) no generalized grievances: the ∏ must not be suing solely as a citizen or taxpayer inter-
ested in HAVING THE GOVERNMENT FOLLOW THE LAW
exceptions to "no 3rd party standing requirement" - ANSWER -EXCEPTION #1 (most im-
portant exception): third party standing is allowed if there is a CLOSE RELATIONSHIP be-
tween the ∏ and the injured third party which means the ∏ can be trusted to ADEQUATELY
REPRESENT the interests of the third party
-EXCEPTION #2: third party standing is allowed if the injured third party is unlikely to go to
court themselves
-EXCEPTION #3: organizations
requirements for organizations to sue on behalf of its members: - ANSWER i) the mem-
bers would have standing
ii) the interests are germane to the organization's purpose
iii) neither the claim nor relief requires participation of individual members
exceptions to "no generalized grievance requirement" - ANSWER -EXCEPTION #1: taxpay-
ers have standing to challenge government expenditures pursuant to federal statutes as vio-
lating the ESTABLISHMENT CLAUSE
1
,-EXCEPTION #2: a person has standing as a citizen to allege that a federal action violates the
10th Amendment by interfering with the powers reserved to the states as long as the person
can show INJURY IN FACT and REDRESSABILITY
when assessing ripeness issues, the court considers: - ANSWER i) the hardship that will
be suffered without pre-enforcement review
ii) the fitness of the issues and the record for judicial review
exceptions to mootness - ANSWER -EXCEPTION #1: the wrong is capable of repetition but
evades review because of its inherently limited time duration (abortion cases)
-EXCEPTION #2: voluntary cessation
-EXCEPTION #3: class actions
supreme court review - ANSWER -in order for the Supreme Court to hear a case, all justi-
ciability requirements must be met
virtually all cases come to the Supreme Court by writ of certiorari
-ALL cases from STATE COURTS come to the Supreme Court by writ of certiorari
-ALL cases from U.S. Cts. of Appeals come to the Supreme Court by writ of certiorari
-Appeals exist for decisions of three-judge federal district courts (mandatory, not writ)
-the Supreme Court has ORIGINAL and EXCLUSIVE JURISDICTION for suits between state gov-
ernments
the 4 types of cases dismissed as non-justiciable political questions: - ANSWER 1) the U.S.
shall guarantee to each state a republican form of government (Art. IV, Sec. 4) (same thing as
Guarantee Clause) -- EXAM TIP: anytime you see a question asking about a challenge to the
guarantee clause, always dismiss it
2) challenges to the President's conduct of foreign policy
3) challenges to the impeachment and removal process
4) challenges to partisan gerrymandering
2
, Situations in which a State may be sued (exceptions to sovereign immunity): - ANSWER 1)
a state may expressly consent to be sued
2) states may be sued pursuant to laws adopted under Sec. 5 of the 14th Amendment
3) sovereign immunity is not a bar to the federal government suing a state government
4) bankruptcy proceedings -- the 11th Amendment does not apply to federal laws exercised
pursuant to Congress's bankruptcy power so it does not bar actions of the U.S. Bankruptcy
Courts
state officers may be sued for: - ANSWER -INJUNCTIVE RELIEF
-MONEY DAMAGES to be paid out of their own pockets
-BUT, state officers may NOT be sued if it is the state treasury that will be paying the dam-
ages
EXCEPTIONS - where Congress has police power (MILD): - ANSWER Military
Indian reservations
Lands (Federal Lands)
District of Columbia
the taxing/spending power and the commerce power: - ANSWER Congress may tax and
spend for the general welfare
according to the Supreme Court, Congress can act under the Commerce Clause in any of the
following situations: - ANSWER 1) channels of interstate commerce -- channels: the
places where commerce occurs, such as highways, waterway, the internet, etc.
2) instrumentalities of interstate commerce AND persons or things in interstate commerce
3) activities that have a SUBSTANTIAL EFFECT on interstate commerce
-in the area of non-economic activity, a substantial effect CANNOT be based on CUMULATIVE
IMPACT
3
that he or she has been injured or imminently will be injured; injury is NOT established with
only IDEOLOGICAL OBJECTION; ∏s may only assert injuries that they personally have suf-
fered; ∏s seeking INJUNCTIVE or DECLARATORY relief must show a likelihood of future harm
2) causation and redressability: the ∏ must allege and prove that the ▵ caused the injury so
that a favorable court decision is likely to remedy the harm
3) no third party standing: a ∏ cannot assert claims of others, of third parties, who are not
before the court, because ∏s must present PERSONALLY SUFFERED
4) no generalized grievances: the ∏ must not be suing solely as a citizen or taxpayer inter-
ested in HAVING THE GOVERNMENT FOLLOW THE LAW
exceptions to "no 3rd party standing requirement" - ANSWER -EXCEPTION #1 (most im-
portant exception): third party standing is allowed if there is a CLOSE RELATIONSHIP be-
tween the ∏ and the injured third party which means the ∏ can be trusted to ADEQUATELY
REPRESENT the interests of the third party
-EXCEPTION #2: third party standing is allowed if the injured third party is unlikely to go to
court themselves
-EXCEPTION #3: organizations
requirements for organizations to sue on behalf of its members: - ANSWER i) the mem-
bers would have standing
ii) the interests are germane to the organization's purpose
iii) neither the claim nor relief requires participation of individual members
exceptions to "no generalized grievance requirement" - ANSWER -EXCEPTION #1: taxpay-
ers have standing to challenge government expenditures pursuant to federal statutes as vio-
lating the ESTABLISHMENT CLAUSE
1
,-EXCEPTION #2: a person has standing as a citizen to allege that a federal action violates the
10th Amendment by interfering with the powers reserved to the states as long as the person
can show INJURY IN FACT and REDRESSABILITY
when assessing ripeness issues, the court considers: - ANSWER i) the hardship that will
be suffered without pre-enforcement review
ii) the fitness of the issues and the record for judicial review
exceptions to mootness - ANSWER -EXCEPTION #1: the wrong is capable of repetition but
evades review because of its inherently limited time duration (abortion cases)
-EXCEPTION #2: voluntary cessation
-EXCEPTION #3: class actions
supreme court review - ANSWER -in order for the Supreme Court to hear a case, all justi-
ciability requirements must be met
virtually all cases come to the Supreme Court by writ of certiorari
-ALL cases from STATE COURTS come to the Supreme Court by writ of certiorari
-ALL cases from U.S. Cts. of Appeals come to the Supreme Court by writ of certiorari
-Appeals exist for decisions of three-judge federal district courts (mandatory, not writ)
-the Supreme Court has ORIGINAL and EXCLUSIVE JURISDICTION for suits between state gov-
ernments
the 4 types of cases dismissed as non-justiciable political questions: - ANSWER 1) the U.S.
shall guarantee to each state a republican form of government (Art. IV, Sec. 4) (same thing as
Guarantee Clause) -- EXAM TIP: anytime you see a question asking about a challenge to the
guarantee clause, always dismiss it
2) challenges to the President's conduct of foreign policy
3) challenges to the impeachment and removal process
4) challenges to partisan gerrymandering
2
, Situations in which a State may be sued (exceptions to sovereign immunity): - ANSWER 1)
a state may expressly consent to be sued
2) states may be sued pursuant to laws adopted under Sec. 5 of the 14th Amendment
3) sovereign immunity is not a bar to the federal government suing a state government
4) bankruptcy proceedings -- the 11th Amendment does not apply to federal laws exercised
pursuant to Congress's bankruptcy power so it does not bar actions of the U.S. Bankruptcy
Courts
state officers may be sued for: - ANSWER -INJUNCTIVE RELIEF
-MONEY DAMAGES to be paid out of their own pockets
-BUT, state officers may NOT be sued if it is the state treasury that will be paying the dam-
ages
EXCEPTIONS - where Congress has police power (MILD): - ANSWER Military
Indian reservations
Lands (Federal Lands)
District of Columbia
the taxing/spending power and the commerce power: - ANSWER Congress may tax and
spend for the general welfare
according to the Supreme Court, Congress can act under the Commerce Clause in any of the
following situations: - ANSWER 1) channels of interstate commerce -- channels: the
places where commerce occurs, such as highways, waterway, the internet, etc.
2) instrumentalities of interstate commerce AND persons or things in interstate commerce
3) activities that have a SUBSTANTIAL EFFECT on interstate commerce
-in the area of non-economic activity, a substantial effect CANNOT be based on CUMULATIVE
IMPACT
3
