Con Law Outline
Justiciability – Case or Controversy Doctrine
Standing (Lujan)
Functionalism (living document, always changing) v formalism (what is the actual intent)
Standing is created by 1) injury in fact, 2) complained of action must be the cause, 3) redressability-relief
Clearly traced to the defendant
Case in Controversy Art. 2 section 2
Generalized grievances/harm is not addressed by the court. Harm must be done on a specific person or group of people and be particular. Generalized harm must addressed by the legislature
Harm cannot be too “attenuated.” The link can not be too distant and stretched out.
Congress cannot give someone standing who has not been harmed.
Other exceptions
Taxpayer Standing: One cannot sue government just because they pay taxes
Citizen Standing – Don’t have standing just because you are a citizen. Cannot sue for government action that does not effect you.
Cannot be Ripe
Cannot be Moot
No advisory opinions
No political questions
Should be left to a political branch (legislative, presidential)
Impeachment process in the Senate will not be reviewed by the Supreme Court. Nixon v. U.S.
General harm that can be redressed by voting. A bad law must be changed in the legislature.
Must have constitutional and prudential standing
Prudential Standing – Judiciary can put additional limits on standing, whereas constitutional standing is rooted in the constitution
Judiciary Act of 1791:
Original but not exclusive
Original but exclusive- state is a party or foreign minister
Appellate
Political Restraints on the SC- congress had power over budget of SC, judges can be impeached, president can pick them but must be confirmed by the senate…checks and balances
Seperation of Power: Congress makes the law, Executive carries out the law, and Judiciary
A. Youngstown
i. 3 possibilities of power
a. Executive/President + Congress (lowest ebb)
b. Executive/President not knowing how Congress feels/opinion (twilight zone)
c. Executive/President acting against Congress (unconstitutional)
Congress: bicameralism (2 houses) and presentment (must present to the president who has ultimate veto power)
Non-delegatiuon doctrine- cannot delegate powers to other branches
B. Dames and Moore
i. Don’t see 3 categories, think of it as a spectrum
ii. An executive agreement (foreign nation)
iii. Court upheld the executive power
President-Congress Presiden
tion is followed and consistent
Federalism
I. The line between federal and state government is always changing and is not clear.
II. Constitutional protections for states
A. 10th reserves power for the states
B. States ratify amendments, Art V
C. State legislature does re-districting
D. President is elected by the electoral college
III. Congressional power to regulate interstate trade allocates power between the Fed and State governments.
a. Commerce Clause
IV. Pros of Federalism
a. Personal
b. Allows states to experiment
c. The local majority can differ from the national majority
d. Vote with your feet, if you don’t like the laws of one state, move
V. Cons of Federalism
a. Competition at the bottom
A. Ex: business will move to areas with weak environmental laws
b. Lack of uniformity
VI. Powers of State
a. Law enforcement
b. Education
c. Family
VII. Federal
a. Spending power
b. Supremacy Clause, when in doubt, Federal
c. Coin money
