Term
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Definition
1) Injury (no advisory opinions allowed)
2) Causation - injury must be fairly traceable to D's conduct
3) Redressability - injury can be redressed by a court ruling |
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Term
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Definition
Article III, Section 2, Clause 1 - matter must be
1) concrete
2) non-hypothetical
3) involve parties claiming an actual injury
4) can't be moot or unripe
5) can't involve political questions |
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Term
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Definition
| 1923 - plaintiff argues Maternity Act protecting health of mothers/babies increases her taxes, causing burden without due process - court says no standing because there is no direct personal injury |
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Term
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Definition
| Plaintiffs file suit against IRS claiming "stigmatic injury" for giving tax-exempt status to racially discriminatory private schools - court finds no injury because no particular student was denied admission and no injury traceable to IRS because there's no proof that white kids going to private school decreases value of public schools |
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Term
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Definition
| Same-sex couples denied marriage licenses claimed Prop 8 was violation of 14th Amendment - question of standing - must be determined by "concrete injury", no third-party claims |
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Term
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Definition
Determines WHEN review is appropriate
1) Hardship of parties of withholding court consideration
2) Fitness of issues for judicial decision |
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Term
| PACIFIC GAS & ELECTRIC v. SERC |
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Definition
| 1983 - statute imposing moratorium on certifying new plants until means are found to dispose of nuclear waste is ripe - if plants went ahead without knowing if they'd be shut down, it could impose considerable hardship |
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Term
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Definition
| Actual controversy must exist at all stages of court proceedings - if events after the case is filed resolve the issue, it becomes moot |
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Term
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Definition
1) Voluntary cessation - even if defendant stopped doing the act, it might still be able to move forward
2) Capable of repetition, yet evading review - if other people in the future will face the same position (e.g., Roe v. Wade) |
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Term
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Definition
| 1974 - DeFunis denied admission to law school, wins in lower court and starts attending classes - by the time it gets to SCOTUS, he is about to graduate - court finds case is moot |
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Term
| Political Question Doctrine |
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Definition
| If case deals with political question, it's not justiciable - look to textually demonstrable commitment in Constitution to having a certain branch decide the issue |
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Term
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Definition
| Congressman misappropriated funds and though re-elected, House tried to block his swearing-in - court said it was not a political question because the Constitution explicitly gave Congress the power and duty to swear in duly elected members |
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Term
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Definition
| Article VI - Constitution is the supreme law of the land |
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Term
| MARTIN v. HUNTER'S LESSEE |
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Definition
| 1816 - dispute over land in Va., SCOTUS decided case in favor of British Lord who had owned it - Va. court reverses, then SCOTUS overturns that reversal, stating that SCOTUS trumps state law, and Constitution trumps all |
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Term
| Necessary and proper clause |
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Definition
| Article I, Section 8, Clause 18 - gave Congress power to make all laws which shall be necessary and proper for carrying into the execution the powers (to levy taxes, regulate interstate and foreign commerce, etc.) and all other powers vested by the Constitution |
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Term
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Definition
| 1819 - Md. claimed it could collect tax from Bank of the US incorporated in Md. - court says Md. has no right to tax the bank because a state tax on a national bank is essentially a tax on all other states - only Congress has power to tax |
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Term
| US TERM LIMITS, INC. v. THORNTON |
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Definition
| Ak. imposes term limits on members of Congress - court finds unconstitutional, Framers intended national uniform system and Congress serves the people, not just the states - letting state set term limits would unfairly affect the other states |
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Term
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Definition
| Article I, Section 8, Clause 3 - Congress has power to regulate commerce among the several states |
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Term
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Definition
| 1824 - Gibbons operated steamboat licensed as coastal trade vessels, violating his partner Ogden's monopoly, wants to restrict Gibbons - court finds monopoly is undue restriction, trumped by federal law - Congress has complete authority to regulate all commerce among the states |
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Term
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Definition
| 1941 - Georgia lumber manufacturer Darby underpays workers, Fair Labor Standards Act prohibits shipping goods in IC by underpaid workers - court finds power of Commerce Clause extends to all intrastate activities with a "substantial economic effect" on interstate commerce (includes manufacturing, production of goods) - creates economic uniformity across states so no one state has an advantage |
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Term
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Definition
| 1942 - Filburn was dairy farmer in Ohio, penalized by federal statute regulating wheat market for raising more than his quota - claimed the extra wheat was for home consumption, didn't affect IC - court upholds statute, finds "aggregate effect" of all farmers growing more for themselves would have "substantial effect" on market |
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Term
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Definition
| 1995 - Guns-Free School Zone Act prohibits possession of firearm in school zone, Lopez was student who had a gun at school - court finds statute unconstitutional, because it doesn't regulate use of channels of IC, and doesn't try to prohibit instrumentalities |
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Term
| Congress' Power under the Commerce Clause |
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Definition
1) Regulate channels of interstate commerce
2) Regulate and protect instrumentalities (persons or things) in interstate commerce (e.g., steamboats and railroads)
3) Regulate local activities that substantially affect/relate to interstate commerce (no longer direct effect test) |
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Term
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Definition
| 2000 - Violence Against Women Act gives federal civil remedy of money damages to victims of gender-based violence - court finds the Act is "non-economic" and regulation does not fit in the 3 avenues, thus can't be regulated - Commerce Clause can only regulate where it's economic in nature |
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Term
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Definition
| 2005 - Raich suffers from medical condition for which she takes medical marijuana - prohibited under Controlled Substances Act - court finds act constitutional, marijuana growth is local economic activity that substantially affects IC by its "aggregate effect" - different from Morrison and Lopez because regulating entire non-economic activity of one product because of substantial effect |
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Term
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Definition
| 2010 - statute allowed federal courts to order civil commitment of mentally ill, sexually dangerous prisoners beyond their sentences - court finds constitutional, because necessary and proper clause grants Congress broad authority to enact legislation that's convenient or useful |
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Term
| Taxing and Spending Power |
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Definition
| Article I, Section 8, Clause 1 - "Congress shall have power to lay and collect taxes... for the common defense and general welfare of the U.S." |
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Term
| Necessary and Proper Clause |
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Definition
| Article I, Section 8, Clause 18 - "Congress shall have power to make all laws which shall be necessary and proper for carrying into execution [its enumerated powers]" |
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Term
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Definition
| 1985 - court holds that AL tax on liquor dealer who violate state liquor laws is unconstitutional - states can't regulate activity through taxation, only Congress can |
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Term
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Definition
| 1987 - Congrssional statute limits federal highway funds for states whose drinking age is under 21 - court finds it constitutional because it's an indirect, not direct, regulation of drinking age - used to encourage/discourage conduct (O'Connor's dissent finds the statute isn't reasonably related to expenditure of federal funds so it's outside the scope of Congress' power) |
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Term
| Congress' Spending Power Requirements |
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Definition
1) Purpose is to serve the general welfare
2) Clear statement of funding condition has been made
3) Conditions are related to the spending
4) Conditional rants not limited by other parts of Constitution
5) Can't be coercive |
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Term
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Definition
| 2004 - statute bans bribery of state and local officials that receive at least $10K in federal funds - court finds it constitutional - Congress has authority to spend and tax for general welfare |
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Term
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Definition
| Powers not delegated to the U.S. by the Constitution are reserved to the states |
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Term
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Definition
| Judicial power of U.S. doesn't extend to any suit in law or equity between the U.S. and citizens of another state, or subjects of any foreign state |
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Term
| GARCIA v. SAN ANTONIO METRO |
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Definition
| 1985 - municipal transit authority subject to fed. statute's requirements for minimum wage - state protection should occur through political process, not judicial review - any state rule that's integral invites judicial review |
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Term
| FEDERALISM: Arguments for State Autonomy |
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Definition
-Tailor policies to fit locally unique circumstances
-States can experiment without affecting the whole country
-Government closer to the people |
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Term
| FEDERALISM: Arguments for Strong National Government |
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Definition
-Provide certain public goods (i.e., common defense against foreign enemies)
-Provide better social insurance against catastrophes
-Protect basic rights against the tyranny of local majorities |
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Term
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Definition
| 1992 - NY challenged federal act requiring states to provide for disposal of waste generated within their borders, and gave states three incentives to comply: monetary, access, and take title sanctions - court finds first two are constitutional - Congress cannot commandeer state governments to serve federal regulatory purposes |
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Term
| Anti-commandeering Principle |
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Definition
Alternatives to Congress commandeering state gov'ts to serve fed. regulatory purposes
1) Spending power - could condition payment of fed. funds based on state's actions
2) Commerce power
3) Condition preemption - Congress can threaten to pass federal act unless states choose to regulate according to federal standards |
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Term
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Definition
| 1997 - court held provisions of Brady Act which required state/local officers to conduct background checks on possible gun buyers were invalid - federal gov't can't commandeer state officials to administer or enforce a fed. regulatory program |
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Term
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Definition
| Article II, Section 2 - President can make treaties with 2/3 Senate approval |
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Term
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Definition
| 1920 - Treaty between U.S. and UK that protected migratory birds from hunting - court finds Constitution expressly gives federal gov't power to make treaties - a treaty can't violate the 10th Amendment because it trumps state laws |
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Term
| Arguments for Limiting Treaty Power |
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Definition
-Founders emphasized role of Senate in protecting states' rights
-Constitution delegated only limited powers to nat'l gov't
-Political process can't adequately check treaty power's encroachment on states |
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Term
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Definition
| State and local laws are unconstitutional if they place undue burden on interstate commerce - inferred from Commerce Clause powers |
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Term
| Challenges under the Dormant Commerce Clause |
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Definition
1) Is the law facially discriminatory against out-of-state commerce?
2) Is the law facially neutral but has a protectionist purpose/effect on out-of-state commerce?
3) Is the law facially neutral but has a disproportionate adverse effect on interstate commerce? |
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Term
| PHILADELPHIA v. NEW JERSEY |
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Definition
| 1978 - NJ law kept landfills in state exclusively for their use by preventing importation of out-of-state waste - court finds it's facially discriminatory by imposing protectionist measures and doesn't have a legitimate local purpose |
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Term
| How to Apply Dormant Commerce Clause Test |
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Definition
| Look to purpose, text, and effect |
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Term
| CHEMICAL WASTE MANAGEMENT, INC. v. HUNT |
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Definition
| 1992 - AL imposed hazardous waste disposal fee on out-of-staet waste disposed at commercial facility in AL - but imposed no fee on in-state waste - court finds it's facially discriminatory, can't tax more when transaction crosses state lines than when it's local |
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Term
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Definition
| 1986 - ME statute prohibits importation of live baitfish because out-of-state baitfish threaten the fisheries - court upholds law, because though it's facially discriminatory in text and effect, there is a legitimate local purpose (purpose trumps text or effect) |
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Term
| DEAN MILK CO. v. CITY OF MADISON |
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Definition
| 1951 - city ordinance requires all milk to be pasteurized by approved plant within 5 mi. of the city - court strikes it down, finds it discriminatory, can't erect economic barrier that protects local industry from out-of-state competition even if it also discriminates against in-staters - also aggregate effect |
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Term
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Definition
| MINNESOTA v. BARBER (1890), FOSTER-FOUNTAIN PACKING CO. v. HAYDEL (1928), JOHNSON v. HAYDEL (1928) - all invalidated state statutes requiring local inspection/packaging before goods were shipped out-of-state |
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Term
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Definition
Even neutral laws must have legitimate local purpose - looks to whether purpose could be promoted with lesser impact on interstate activities
"When statute regulates to effectuate a legitimate local interests, and its effects on IC are only incidental, it will be upheld unless the burden on IC outweighs the local benefits" |
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Term
| PIKE v. BRUCE CHURCH, INC. |
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Definition
| 1970 - AZ statute required cantaloupes grown in-state to advertise state of origin on package - court strikes it down, unconstitutional because burden outweighs the benefit |
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Term
| MILK CONTROL BOARD v. EISENBERG |
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Definition
| 1939 - PA statute's Milk Control Board controls minimum prices of milk - court upholds - statute's effect on IC is only incidental; not protectionist because most of the milk is produced and consumed in-state |
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Term
| SOUTHERN PACIFIC CO. v. ARIZONA |
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Definition
| 1945 - AZ law puts limits on length of trains to ensure safety - court finds law is invalid - though facially neutral, legitimate local purpose doesn't outweigh burden on IC |
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Term
| BACCHUS IMPORTS, INC. v. DIAS |
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Definition
| 1984 - HI statute exempts local brandy and fruit wine from state's liquor tax - court finds statute unconstitutional - had purpose and effect of discriminating in favor of local product - any effort to benefit local industry not also given to out-of-state industry is per se discriminatory |
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Term
| HUNT v. WASHINGTON STATE ADVERTISING COMM. |
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Definition
| 1977 - NC statute prohibited stickers on apples showing state of origin - WA would have to take all the stickers off its apples in case they ended up in NC _ court finds law is facially neutral but discriminatory in its impact (raises costs for WA, removes competitive edge WA has carved out, levels WA growers, giving NC unfair advantage) |
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Term
| MINNESOTA v. CLOVER LEAF CREAMERY CO. |
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Definition
| 1981 - MN statute banned retail sale of milk in plastic containers, but allowed sale in paper containers - court finds facially neutral despite discriminatory effect - regulating all milk retailers, not just in-state, and other states will benefit from the environmental impetus |
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Term
| Law is discriminatory if... |
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Definition
-Facially discriminates against out-of-staters, or
-Facially neutral but has discriminatory purpose/impact (by excluding out-of-staters from a specific market, imposing costs on out-of-staters that's not imposed on in-staters, etc.) |
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Term
| Market-Participant Exception |
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Definition
| Even in cases of overt discrimination, state is acting not as regulator of private conduct, but as a market participant - regulates its own conduct, not that of others |
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Term
| SOUTH-CENTRAL TIMBER v. WUNNICKE |
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Definition
| 1984 - AK law requires all timber cut down in-state to be processed in-state - court strikes it down as unconstitutional regulation - conditions imposed downstream |
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Term
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Definition
| 2007 - flow control ordinance requires trash haulers to deliver solid waste to a particular state-owned processing facility - court finds the regulation is neutral because it focuses regulatory cost on in-staters - state isn't regulating private market to benefit local industry |
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Term
| Privileges and Immunities Clause |
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Definition
| Article IV, Section 2, Clause 1 - gives citizens of each state entitlement to all privileges and immunities of citizens in the several states - prohibits state from discriminating against citizens of another state |
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Term
| Privileges and Immunities Clause Violation Test |
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Definition
1) Does the law discriminate against out-of-staters regarding fundamental rights (life, liberty, property, happiness, safety)?
2) Is there a substantial reason for the discrimination - is the state justified?
3) Does the discrimination bear a close relationship to that fundamental right?
*CORPORATIONS HAVE NO PROTECTION UNDER THE P&I CLAUSE*
*No market-participant exception under P&I Clause* |
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Term
| UNITED BUILDING v. MAYOR AND COUNCIL OF CAMDEN |
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Definition
| 1984 - Camden ordinance required 40% of private employers in the city to be residents - equally affects out-of-state citizens and NJ citizens not living outside of Camden - court remands - though discriminatory, ordinance meant to remedy inherent issues (poverty, middle-class flight) |
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Term
| Threshold requirement of Article IV privilege |
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Definition
| Only fundamental activities are considered privileged |
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Term
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Definition
| In case of conflict, federal law trumps state law |
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Term
| YOUNGSTOWN SHEET & TUBE CO. v. SAWYER |
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Definition
| 1952 - dispute between steel companies and employees over collective bargaining agreements - steelworkers wanted to strike - Truman issued exec. order issuing gov't takeover of the mills - court overrides, as President must first seek Congressional approval |
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Term
| Youngstown/Jackson levels of presidential power |
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Definition
1) President acting WITH Congressional authority - most powerful
2) President acting in ABSENCE of Congressional authority - can only rely on his power - less powerful
3) President acting AGAINST Congressional authority - only has his Article II powers, minus Congress' constitutional powers - least powerful |
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Term
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Definition
| 1981 - Presidents Carter and Reagan froze Iranian assets/lawsuits under the IEEPA, claiming emergency power - court upholds, finding power was taken with Congrssional authorization - less scrutiny of actions in time of int'l crisis |
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Term
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Definition
| 1983 - Legislation authorized one House, by resolution, to void decision of Exec. Branch suspending deportation of alien - court finds the act is unconstitutional, stating that Congress can only legislate if there's 1) bicameralism (passage by both House and Senate) and 2) presentment (giving the bill to the President to sign or veto) |
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Term
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Definition
| Applying certain provisions of the Bill of Rights to states by the due process clause of the 14th Amendment |
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Term
| BARRON v. MAYOR AND CITY COUNCIL OF BALTIMORE |
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Definition
| 1833 - Barron owned profitable wharf in the harbor - sued for damages when city diverted stream flow while doing construction - court finds state governments not bound by 5th Amendment requiring gov't to offer just compensation in eminent domain cases |
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Term
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Definition
| 1876 - white militia murdered blacks who were congregating outside courthouse - court finds militia didn't deprive blacks of right to peaceably assemble under 1st Amendment because it wasn't incorporated into state actions |
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Term
| McDONALD v. CITY OF CHICAGO |
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Definition
| 2010 - handgun registration ordinance banned almost all private handgun possession by private residents of Chicago - court finds 2nd Amendment right incorporated against the state, ordinance is unconstitutional |
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Term
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Definition
Fourteenth Amendment - no state shall deny people the equal protection of the law
Must have a rational basis (lowest level of judicial scrutiny) |
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Term
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Definition
| Applied when fundamental constitutional right is infringed (under due process, etc.), or when gov't action involves using a suspect classification (like race) that is rendered void under the Equal Protection Clause |
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Term
| Protecting liberty and equality - cases |
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Definition
Griswold v. Connecticut (1986) - law prohibiting use of contraceptives is unconstitutional because it violates right to marital privacy
Bowers v. Hardwick (1986) - upheld law that criminalized sodomy - overturned in 2003 with Lawrence v. Texas, when the court said such a law violates due process |
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Term
| LIBERTY: Strict Scrutiny vs. Rational Basis |
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Definition
Strict scrutiny - ends are compelling and the means are ncessary
Rational basis - ends are legitimate and the means are necessary |
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