Constitutional Law 1 with Ciara Torres-Spelliscy
Spring 2014
Textbooks: Constitutional Law 4th and Constitutional Law Supplement 2013 edition by Erwin Chemerinsky
Tuesday, May 13, 2014
4:24 PM
1.FEDERAL JUDICIAL POWER
A.) Article 3 of the Constitution defines powers of fed crts – the authority of judicial review.
1.) Marbury v. Madison- creates authority for judicial review of legis & exec actions.
2.) S.C. also has the authority to review the constitutionality of state crt judgments & the actions of state gvmt officials. In other cases like Martin v. Hunter’s Lessee & Cone v. Virginia, the S.C. can also review decisions of state crts.
B.) Requirement for cases & Controversies- 4 justiciability doctrines must be met for any fed crt at any level to hear the case.
1.) Standing- most important. Whether the P is the proper party to bring a matter to crt for judification. Has 4 requirements:
(1.) Injury- P must allege and prove that he has been or imminently will be injured. P may present only personally suffered injuries
(2.) P seeking injunctive or declaratory relief must show a likelihood of future harm.
(3.)Causation & Addressability- P must allege & prove that D caused the injury so that a favorable crt decision is likely to remedy the injury. Note: No third party standing is allowed. P can not present the claims of third parties. Exceptions: P must meet the standing requirements and one of these exceptions must be present. First, there is a close relationship between the P and the injured third party (Dr-patient). Or second, if the injured third party is unlikely to be able to assert his own rights.
(4.) No generalized grievances are allowed. P must not be suing solely as a citizen or a taxpayer objecting that the government is violating the law. One exception, taxpayers have standing to challenge gvmt expenditures as violating the establishment clause. This is a narrow exception. Taxpayers can’t challenge fed gvmt grants of property to religious institutions. Can’t challenge expenditures from general executive revenue. Can’t challenge tax credits that benefit religious institutions.
2.) Rightness- asking may the fed crt grant pre-enforcement review of a statute or regulation? Sometimes people want a declaratory judgment that a law is unconstitutional without violating and being prosecuted for the law. Two criteria to look at:
(1.) The hardship that the P will suffer without pre-enforcement review. The greater the hardship, the more likely the fed crt will hear the case.
(2.) The fitness of the issues in the record for judicial review- does the fed crt have before it all that it needs to decide the issue?
3.) Mootness- if events after the filing of the lawsuit, end the P’s injury, the case shall be dismissed for moot. P must present a live controversy in all stages of the litigation. Exceptions:
(1.) Exception for wrongs capable of repetition but evading review. (Roe v. Wade- at the time Roe was pregnant, by the time the S.C. heard the case, she was no longer pregnant. S.C. was able to hear the case bc she may become pregnant again and seek a abortion.)
(2.) Voluntary Cessation- if the def voluntarily halts the practice, but is free to resume it at any time, the case will not be dismissed as moot.
(3.) Class actions suits- if the named plaintiff’s claim becomes moot, the class action will not be dismissed so long as one member of the class has an ongoing injury.
4.) Political Question Doctrine- refers to allegations of constitutional violations that the fed crt will not adjudicate. The matters are left to the elected political branches to resolve. 4 types of cases that are dismissed as non-judiciable political questions.
(1.) Cases under the Republican Form of Government Clause (Guarantee Clause)- refers to Article 4, Section 4 of Con which says the U.S. shall guarantee to each state a republican form of gvmt.
(2.) Challenges to the President’s conduct of foreign policy
(3.) Challenges to the impeachment and removal process
(4.) Challenges to partisan gerrymandering- political party that controls the legislature draws election districts to maximize said seats for that party.
II. FEDERAL LEGISLATIVE POWER
A. Article 1defines Congress’ powers. Congress generally lacks the police power. For Congress to act, there must be express or implied authority in the Constitution. State and local gvmt have the police power, can do anything except what is prohibited by the Constitution. Congress can’t do anything except what is authorized by the Constitution.
B. Necessary & Proper Clause- Artic
ce v. U.S.- fed act that state local law must do background checks before issuing permits for firearms. S.C. said that this was unconstitutional bc Congress was commandeering state and local gvmt.) Congress is allowed to induce local gvmts by putting strings on grants, as long as the conditions are clearly stated and relate to the purpose of the program. (South Dakota v. Dole- Congress wanted a 21 year old drinking age. Said every state taking state highway money must make it 21. S.C. said Congress was allowed to do this bc the conditions were clearly stated and related to the purpose. Congress can not compel the state to make it a law)
2.) Congress may prohibit harmful commercial activity by state activity.
E. Congress’s powers under section 5 of the 14th Amendment- authorizes Congress to construct laws to help enforce the 14th Amendment. Congress can not create new rights or expand the scope of rights. All Congress may do is act to prevent or remedy the violation of rights already recognized by the courts. Such laws must be narrowly-tailored and proportional and congruent to remedy constitutional violations.
III Federal Executive Power- Article 2 of the Constitution defines the powers of the president and the executive branch of government.
A. Foreign Policy
1.) treaties- agreement to the united states and a foreign country that’s negotiated by the president and is effective when ratified by the senate.
(A.)State laws that conflict with treaties are invalid. (Ex: US and Canada enter a treaty that protects the bald eagle from being hunted. Alaska has a law allowing the hunting. The Alaska law would be struck down. )
(B.) If there is a conflict between a treaty and a federal statute, the one adopted last in time controls.
(C.) Treaties are invalid if they conflict with the Constitution. The Constitution is the supreme law of the land.
