Clause/Doctrine
Rule
Political Question 1. A textually committed delegation to another branch OR 2. A lack of discoverable
or manageable standards for resolving OR 3. An impossibility to issue a ruling
without making an initial policy decision OR 4. An impossibility to issue a ruling
without disrespecting another branch OR 5. A need to adhere to political decisions
already made OR 6. The possibility of embarrassing another branch.
Standing Rule
There must be 1. An injury in fact, which is an invasion of a legal protection which is
concrete and personal, and actual and imminent AND 2. A likelihood that the injury
is able to be redressed AND 3. There must have been a causal connection between
the defendants actions and the injury in fact.
Mootness
Moot cases will not be heard, unless 1. the case is capable of repetition OR 2. the
case involved a voluntary cessation of unlawful conduct, which the defendant could
simply begin again once the case was dropped
Ripeness
A case which is not ripe will not be heard, unless 1. not issuing a judgment would
cause hardship to the parties OR 2. the case is fit for judicial decision, it is an issue
the requires interpretation of law, and it is purely a question of law, not fact or
policy.
Adequate and
The court will not hear a case if the ruling from lower court was issued under
Independent State adequate and independent state grounds. Procedural inadequacy means that the
Grounds
state does not have the procedural ability to try the case. Substantive inadequacy
means that the states substantive rights are below those given by the constitution.
An independent ruling is a ruling issued on matters of state law. If the court is
unsure if federal law is in question, they may use discretion to take the case.
11th Amendment
In Federal Court, the only people who may bring a case against a state are other
Sovereign
states, or the United states, not citizens of that state, citizens of another state,
Immunity
citizens of a foreign country, or foreign countries. The only exceptions are when the
state consents to waive immunity, or to abrogation.
Stripping Doctrine
Necessary and
Proper Clause
State agents may be sued in federal court if they are not being sued for monetary
damages and they are being sued for a violation of federal law.
A federal law is necessary if it is useful, helpful, plainly adapted, convenient, or
appropriate. The law is proper if 1) the ends are legitimate, meaning they are an
expressly enumerated constitutional right 2) the means are legitimate, meaning the
end is necessary and 3) the means are not prohibited by the constitution or any
other authority.
Commerce Clause Commerce is buying, selling, trading, exchanging, or transporting good. Commerce
Rule 1
is not manufacturing or production. Interstate commerce is commerce which occurs
between the states. Congress may regulate interstate commerce. Events which
took place in the stream of commerce may be regulated
Commerce Clause
Rule 2
Congress may regulate instrumentalities of commerce (people and things in the
stream of commerce), channels of interstate commerce (transportation), and
anything which substantially effects economic interstate commerce. Congress may
regulate anything which, directly or indirectly, in aggregate or singularly,
substantially effects interstate commerce, which is an enumerated power and a
legitimate end.
Commerce Clause
Rule 3/
Substantial Effects
Congress may regulate instrumentalities of commerce (people and things in the
stream of commerce), channels of interstate commerce (transportation), and
economic activities which substantially effects economic interstate commerce.
Congress may regulate economic activities, which in aggregate or singularly, effect
interstate commerce, which is an enumerated power and a legitimate end; the
effects must not be too attenuated.
10th Amendment Because of the sovereign immunity of the states, laws which specifically address the
commandeering states may not force the states to enact legislation or force the states to govern in a
laws
certain way. Congress may pass laws that bribe or urge state governments to act,
but never force or coerce the states.
Laws of General
Applicability
Laws of general applicability do not violate the 10th amendment and are always
allowed to be passed by Congress.
Spending Clause
Congress may levy any taxes so long as: 1) the revenue is spent on the general
welfare 2) If there are conditions, they are clear and related to the general welfare
3) there is a legitimate federal interest which is related to the conditions AND 4)
there are no constitutional provisions preventing the grant
Treaty Power
Property Clause
Treaties are the supreme law of the land. Only congress has the power to pass
treaties.
Congress has the right to control federal lands, including the disposal or the right to
make any rules and regulations over them. Congress has police power over federal
lands.
Proportional and
Congruent Test
When applying abrogation under the 14th amendment Congress must make it clear
that there is an unequivical intention to prevnt or remedy an action based on the
14th amendment. There must be congruency, which means 1) the wrong addressed
in consitutionally based, the wrong is persistent and widespread, and there is
congressional evidence to the effect. There must be proportionality, which means
congress is not over reaching in their correction of the wrong; the correction is the
best fit for the wrong.
Preemption
Doctrine
Any valid federal law preempts conflicting state law. Preemption may be express or
implied. Implied preemption may be field or conflict. Field conflict consists of
Dominant and Pervasive. Conflict preemption may be "Physically Impossible" or
"Frustrated".
The Market
Participation
Doctrine
If a state is a market participant (buyer or seller), the Dormant Commerce Clause
does not apply. However, the state may not act as a regulator of the market.
The Delegation
(non-delegation)
Doctrine
Executive
Immunity
One branch may not delegate duties constitutionally, textually delegated to their
branch. However, where congress's duty is to delegate duties it may be permissible.
The president is immune from civil suits for damages if the he acted in his official
capacity, while in office.
Plaintiff's Burden
Discriminatory
The law discriminated either
laws- Dormant
1) facially 2) in its effects OR
Commerce Clause 3) in it's intent
Ends
There was a legitimate
state purpose for the
discrimination, a legitimate
purpose for the state is a
use of police powers
(public welfare, health,
safety, etc.), which may not
be economic
protectionism.
There was a substantial
Privileges and
A non-citizen of the state was reason for the
Immunities Clause discriminated against.
discrimination.
Means
There was no less
restrictive alternative
means or nondiscriminatory means
There is a substantial
relationship between
the means and the
reason for
discrimination
There is a reasonable
relationship between
the means and the
legitimate purpose:
Either 1) the
impairment of the
contract must be
There was a significant and reasonable OR 2) the
There was a substantial
legitimate public purpose, degree of fit is more
The Contracts
burden to a currently existing which is real. Society must than a rational
Clause
contract.
have something at stake. relationship.
The state must use
The Contract
other means of
Clause (where the There was a substantial
The law must further an
addressing this purpose
state is a party to burden to a currently existing important and legitimate if they are reasonably
the contract)
contract.
public purpose.
available.
"True" Rational
Basis Test
(Carolene
Products)
Any possible, conceivable Any rational relationship
A violation of Substantive Due or hypothetical legitimate between the ends and
Process
government interest
the means
Any rational relationship
Rational Basis Test A violation of Substantive Due A real and actual legitimate between the ends and
(Lochner)
Process
government interest
the means
Tiers of Scrutiy
Compelling
Narrowly Tailored/Best
Fit
Tiers of ScrutinyMiddle
Important and Substantial
Substantially Related
Legitimate
With This
Rationally Related
And This…
Tiers of ScrutinyLow
Balance This
Evan Handed Laws
- Dormant
The effects on interstate
Commerce Clause commerce
Executive
Privileges
The benefits to the
state/locality: 1) the nature
of the government interest 2) less burdensome
AND
alternatives
The nature of the need for The method of
The reason for the privileges disclosure
disclosure