1) Cases from state courts where thei) the constitutionality of a federal statute, federal treaty, or state statute is in issue, or ii) a state statute allegedly violates federal law. Gets to SC by writ of certiorari.

2) All cases from federal courts of appeals. Gets to SC by writ of certiorari.

Rarely, there will be cases appealed to the SC.

SC will not exercise jurisdiction if the state court judgment is based on adequate and independent state law grounds--even if there are federal issues involved.

No advisory opinions-- there must be specific present harm or threat of specific future harm. Complainants must show they have engaged in specific conduct and that the challenged action poses a real and immediate danger to their interests.

Ripeness - P cannot challenge a statute before its enforcement unless P will suffer harm or threat of future harm.

Mootness - There must be a real controversy at all stages of review. If the matter has been resolved, the case will be dismissed as moot. (Exception: Controversies capable of repetition, e.g. abortion or a D who voluntarily stops the offending practice but is free to resume.)

A person must have a concrete stake in the outcome of a case.

1) Injury - P must show she has been or will be directly and personally injured by the allegedly unlawful government action. Injury need not be economic.

2) Causation - there must be a causal connection between the injury and the conduct complained of.

3) Redressability - a decision in P's favor must be capable of eliminating her grievance.

Congress cannot grant standing to someone who has not suffered an injury. P may have standing to enforce a federal statute if she is within the "zone of interests" Congress meant to protect

Generally, one cannot assert the constitutional rights of others, but a claimant with standing may also assert rights of a third party if there is a special relationship (doctor-patient) or it is difficult for third party to assert own rights

An organization has standing if:

1) there is an injury in fact to members that gives them a right to sue on their own behalf,

2) the injury is related to organization's purpose.

3) individual member participation in lawsuit is not required

People have no standing simply as "citizens." That injury is too generalized.

Taxpayer has standing to litigate her tax bill, but NOT to challenge government expenditures

Federal courts will temporarily abstain from resolving a constitutional claim when the disposition rests on UNSETTLED state law.

Political questions will not be decided--those which are constitutionally committed to another branch of government or inherently incapable of judicial resolution.

Examples: whether an elected official meets the age, residency, or vote requirements, President's conduct of foreign policy.

11th Amendment: prohibits federal courts from hearing a private party or foreign government's claim against a state government.

Necessary and Proper Power

Taxing Power

Spending Power

Commerce Power

War and Related Powers

Investigatory Power

Property Power

No Federal Police Power

Bankruptcy Power

Postal Power

Power over Citizenship

Admiralty Power

Power to Coin Money and Fix Weights and Measures

Patent/Copyright Power

Congress has the right to make all laws necessary and proper for executing any power granted to any branch of the federal government. Not a standalone power. Must work in conjunction with another power.

Congress has the power to tax as long as the tax: 1) bears some reasonable relationship to revenue production, or

2) Congress has the power to regulate the activity taxed. Neither Congress nor the states can tax exports to foreign countries.

Congress may spend to "provide for the common defense and general welfare." Spending may be for ANY PUBLIC PURPOSE.

Congress has the exclusive right to regulate all foreign and interstate commerce. To be within Commerce Clause power, a law must:

1) Regulate the channels of interstate commerce

2) Regulate the instrumentalities of interstate commerce and persons and things in interstate commerce

3) Regulate activities that have a substantial effect on interstate commerce. (also includes intrastate activities that effect interstate commerce when taken in the aggregate)

Appointment and Removal: Executive appoints all ambassadors, federal judges, officers. Can also remove high-level, purely executive officers without interference from Congress. For other appointees, Congress may impose statutory limitations (e.g., only for good cause)

Pardons: President may grant pardons for all federal offenses, but not impeachment or civil contempt. Congress may not limit this power.

Veto Power: 2/3 vote of EACH house overrides Presidential veto.

-Pocket Veto: If President does nothing for 10 days, bill is vetoed if Congress is out of session, bill is law if Congress is in session.

-Line Item Veto is unconstitutional

Power as Chief Executive: If President acts:

1) with express or implied authority of Congress, President's authority is at maximum and actions likely valid

2) where Congress is silent, actions will be upheld unless it usurps another branch's power

3) against the express will of Congress, President has little authority and action is likely invalid

War: no power to declare war but may act militarily without a congressional declaration of war.

Foreign Relations: President has paramount power to represent the US in day-to-day foreign relations.

Treaty Power: With 2/3 consent of Senate, President has power to enter into treaties.

Executive Agreements: Signed by the President and the head of a foreign nation. Does not require Senate approval.

Privilege: can keep certain communications secret. Immunity: absolute immunity from civil damages based on any action he took within his official responsibilities. No immunity for acts allegedly occurring before taking office.

Federal: Express - some powers are exclusively federal because the Constitution limits or prohibits the use of the power by the states (treaty power, coinage of money).

Inherent: Other powers exclusively federal because the nature of the power itself is such that it can only be exercised by the federal government (declaration of war, citizenship.) State: All powers not given to federal government are reserved to the states. Supremacy Clause: if there is a conflict between federal and state law, if the state law prevents the achievement of a federal objective, or the federal statute "occupies the field," the state law will be invalidated.

Full Faith and Credit Clause: if a judgment is final and decided on the merits, it must be recognized in sister states.

prohibits discrimination by a state against nonresidents.

-only fundamental rights protected

-exception for substantial justification (no less restrictive means) tends to mutually enforce the Dormant Commerce Clause

Discriminatory Taxes - unless authorized by Congress, state taxes that discriminate against interstate commerce violate the Commerce Clause.

Nondiscriminatory Taxes - valid IF:

-must apply to an activity having a substantial nexus to the taxing state

-must be fairly apportioned according to a rational formula

-must be fairly related to the services or benefits provided by the state

Use Taxes: imposed on goods purchased outside the state but used within. They are valid.

Discriminatory Laws

-State laws favoring commerce by in-staters over out-of-staters are generally invalid (Exception: If law is necessary to achieve important government purpose unrelated to economic protection, and no less discriminatory alternatives--i.e., ban on out-of-state live bait to prevent new parasites in state)

Non-Discriminatory Laws

-State laws that evenly apply to in-staters & out-of-staters are generally valid (Exception: invalid if burden on interstate commerce clearly outweighs non-protectionist benefits

General Exceptions

-Congressional approval of discrimination/burden (i.e., pasteurization)

-Market Participant: state may discriminate/burden interstate commerce when acting not as a regulator but as a buyer/seller (i.e., in-state tuition)

-3rd Amendment right to not have soldiers quartered in homes

-5th Amendment right to grand jury indictment

-7th Amendment right to jury in civil cases

-8th Amendment right against excessive fines

Neither state nor federal governments may pass a law which retroactively:

-makes criminal an act which was innocent when done

-prescribes greater punishment for an act than was prescribed when done

-reduces evidentiary burden from the burden when crime was committed

Protects the fundamental right to interstate travel

-Right to enter & leave a state (no fundamental right to international travel)

-Equal treatment once become permanent resident of state Federal Immunity

-States may not directly regulate or tax the federal government (i.e., no state license to build facilities on federal air force base; no assessing property tax for base)

5th Amendment – federal government

14th Amendment – states & localities

Deprivation: Intentional or reckless, NOT negligent

Liberty: Physical freedom (i.e. jail); Constitutional & statutory rights (i.e., termination of parental rights, revocation of driver’s license), NOT mere harm to reputation Property

-Real & personal, tangible & intangible

-Government entitlement to which an individual has a reasonable expectation of continued receipt (i.e., welfare benefits, public education, government licenses, tenured employment, term employment, NOT at-will employment) Minimum components of due process: notice, hearing, neutral decision-maker

-Notice: reasonably calculated to inform person of action against him

-Hearing: Pre-deprivation hearing required UNLESS government shows highly impracticable (i.e., emergency institutionalization, suspension of DL); balancing test – determines the nature & extent of procedures, considering: 1) importance of interest to individual; 2) risk of error through procedures used; 3) accuracy gain from additional procedures; 4) burden on government (inefficiency & costs)

-Neutral Decision-Maker: no actual or serious risk of bias

Clause is in 14th Amendment, but grossly unreasonable discrimination by the federal government violates Due Process Clause of 5th.

Strict scrutiny: used for fundamental rights/suspect class

Intermediate scrutiny: quasi-suspect class

Rational basis: all other inquiries

For strict or intermediate scrutiny, must have: 1) law discriminatory on its face 2) discriminatory application of a facially neutral law 3) discriminatory motive behind the law

Through the 5th and 14th Amendments, federal and state governments cannot take private property for public use without just compensation. (public use: must be rationally related to a legitimate public purpose)

Physical taking: any occupation or confiscation, even tiny or temporary (exception: i.e., required to build public roads as part of permit award, other development requirements; emergency exception: if pursuant to public emergency such as war)

Regulatory taking: regulations on use that do not merely diminish but leave no economic value (i.e., prohibition on building on beachfront property)

Government can regulate the conduct associated with speech and assembly, and speech through time, manner, and place regulations.

if government action includes a preference for one religious sect over another, it is not valid unless it is narrowly tailored to promote a compelling interest if no sect preference--Lemon test: law will be valid under Establishment Clause if it:

-has a secular purpose

-has a primary effect that neither advances nor inhibits religion

-does not produce excessive government entanglement with religion