Threshold Doctrines
“The most important thing
we do is not doing.”
Justice Brandeis
Jurisdiction
Definition: the power, right, or authority
to interpret and apply the law
Constitution defines courts’ jurisdiction as
“all cases, in law or equity” and
“controversies between two or more
states”
Standing
The ability of a party to demonstrate
to the court sufficient connection to
and harm from the law or action
challenged to support that party's
participation
Justiciability
That which is capable of being
determined by a court of law.
The case must present a legal
question, rather than a question of
politics, or a question in which there
is no clear legal standard.
Jurisdiction
Doctrines
–Advisory Opinions
–Ripeness
–Mootness
Advisory Opinions
No non-adversarial proceedings
Used to gain judicial “blessing” in
some state proceedings
Used in many European legal
systems
Ripeness
Issue has not matured. There are still
alternative forms of resolution, no
harm has occurred or imminent
Poe v. Ullman (1962). CT had not
prosecuted anyone for using
contraception in years.
Mootness
A dispute in which the alleged potential
harm is no longer present
DeFunis v. Odegaard (1974). After DeFunis
alleged reverse discrimination, District
Court ordered him admitted to law
school. Was in final semester when
heard in Sup Ct, which found case moot
as DeFunish would graduate irregardless
of whether he won or not
Standing
Injury: Must have suffered or
imminently will suffer injury
Causation: Defendant is
responsible for injury
Redressability: Must be asking for
relief that a court is capable of
providing.
Standing
Problem in constitutional law:
Injury must be particularized to
individuals.
Keeps courts out of public policy
Preserves legislative supremacy
Frothingham v. Mellon (1924)
Frothingham sues to stop federal spending
under Maternity Act of 1921
Claims that welfare is state, not federal,
function (companion case: MA v. Mellon)
Court denies standing as no particularized
injury
No single taxpayer is sufficiently harmed, as
all our dollars are just drops in a bucket
Hein v. Freedom from Religion
Foundation
FFRF challenged the use of discretionary
executive branch funding to support the
White House Office of Faith-Based and
Community Initiatives
Sup Ct found that lack of congressional
action meant that FFRF lacked standing
under the 2 part test
Berg v. Obama (3rd Circuit, 2009)
Berg, a “birther,” challenged Obama’s status
as a “natural born” citizen and thus his
qualifications to serve as President
Court denied Berg standing, noting that he
shared any possible injury w/ >300 million
others, and noting multiple political
remedies (electoral college, Congress) and
other litigants (states, other candidates,
political parties, members of Congress, etc)
Arizonans for Official English v. AZ (1997)
Arizonans passed initiative requiring all
official state acts to be carried out in English
District Court struck down part of initiative as
overbroad. AZ chose not to appeal, AOE files
to appeal District Court ruling
Sup Ct denies for other reasons, but also
notes that AOE was not “authorized by state
law to represent the State's interests” and
denies standing
Environmental Standing
Legal Personality: A person or
organization that can legally enter
into a contract, and may therefore
be sued for failure to comply with
the terms of the contract.
Also includes: Corporations, Ships
Sierra Club v. Morton (1972)
Sierra Club challenges Forest Service
permit for ski resort in valley then
near (now in) Sequoia Nat’l Park
Question was: Should Sierra Club
have standing to sue?
Majority found no injury to SC
members, rather than generalized
harm
Sierra Club v. Morton (1972)
“The river as plaintiff speaks for the
ecological unit of life that is part of it.
Those people who have a meaningful
relation to that body of water - whether
it be a fisherman, a canoeist, a zoologist,
or a logger - must be able to speak for
the values which the river represents
and which are threatened with
destruction....”
William O. Douglas (dissenting)
U. S. v. Students Challenging Regulatory
Agency Procedures (S.C.R.A.P.) (1973)
SCRAP challenges railroad rate setting that
made shipping recyclables more expensive
Claims standing because each member’s
outdoor experience “was disturbed by the
adverse environmental impact caused by
the nonuse of recyclable goods brought
about by a rate increase on those
commodities.”
Massachusetts v. EPA (2007)
Majority grant MA standing to challenge EPA
inaction on greenhouse gases as
“the State has an interest independent of
and behind the titles of its citizens, in all
the earth and air within its domain. It
has the last word as to whether its
mountains shall be stripped of their
forests and its inhabitants shall breathe
pure air."
Enforcement Provisions – Private
Attorney Generals
Civil Rights Act of 1964. Allows any individual
to sue a public accommodation on account
of discrimination in service.
Americans with Disabilities Act of 1991.
Provides disabled individual right to sue a
public accommodation on account of
discrimination because of lack of access.
Luther v. Borden (1849)
During Dorr’s Rebellion, citizens attempted
to overthrow the charter government of
Rhode Island in order to expand the
franchise to non-propertied white males.
Dorr’s supporters adopted a “People's
Constitution” while state's General
Assembly drafted the “Freemen's
Constitution.” Each side held elections
and “took office.”
Luther v. Borden (1849)
Martin Luther, a Dorr supporter, was
arrested by Luther M. Borden, a state
official, and sued Borden for illegal search
and seizure and damage to his property.
Key Question: Was Borden acting with
proper state authority? Question required
Court to decide which was proper
government.
Political Questions
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Republican Form of Government
Mode of amending Constitution
Partisan Gerrymandering
Termination of Treaties
Recognition of Indian Tribes
Form of Senate Impeachment Trials