11th amendment state sovereign immunity
prohibits a party from suing a state or state agency in federal court unless
consent
suit pertains to law adopted under section 5 of 14A
suit is against state official
does not apply to local gov, state v. state suits, or suit by fed gov against state
standing
- injury in fact: concrete and particularized injury
injunctive/declaratory relief = P must show concrete, imminent threat of future injury - causation and
- injury is redressable by court order
third party standing
prohibited unless
- close relationship exists
- difficult or unlikely for third-party to assert their rights on their own or
- third-party is an organization and suit is brought on behalf of members and is related to an issue germane to org purpose, members would have standing to sue, and member participation is not necessary
ripeness
whether the case is ready to be litigated
case is ripe when actual harm or an immediate threat of harm exists
pre-enforcement review of state statute allowed after considering hardship of parties if no review and fitness of the record
mootness
when a dispute has ended or was resolved before review
exceptions:
1. capable fo being repeated but evading review
2. voluntary cessation, but capable of resuming at any time or
3. class actions, where at least one member has ongoing injury
commerce clause
applies to channels of interstate commerce, people and instrumentalities of interstate commerce, economic/commercial activity that has substantial effect on interstate commerce
federal regulation of interstate commerce will be upheld when
- rational basis
- to conclude that the cumulative impact (aggregation)
- has substantial effect on interstate commerce
**aggregation not allowed when activity is not commercial or economic in nature
taxing power
congress has power to lay and collect taxes, duties, imposts and excises
must be geographically uniform throughout US
16A allows C to collect taxes on income from any source
spending power
congress has power to spend for common defense and general welfare
conditions or restrictions on receiving federal funds
conditions attached to funding will be upheld if
- imposed unambiguously
- condition related to federal interest in national program or project
- condition is not so coercive as to turn pressure into compulsion and
- spending it is attached to is for the general welfare
domestic powers of the president
execute laws
appoint ambassadors, counsels, fed judges, and officers (with senate advice and consent)
appoint inferior officers when C gives power
remove cabinet-level appointees without cause
remove independent regulatory agency appointees without cause unless C imposes a law requiring good cause
pardon federal crimes and
act as commander in chief of military
treaty & foreign affair president powers
pres shares treaty powers with C. treaties may be negotiated by pres, but must be ratified by Senate
pres has the power to enter into exec agreements without Senate approval
pres has power to control and deploy US troops in other countries
delegation of C powers
congress may delegate legislative powers if
- the powers are delegable under constitution and
- congress provides reasonably intelligible standards to guide the delegation
non-delegation doctrine: C cannot delegate powers it does not have
state immunity
all powers not granted to the fed are reserved for the states unless prohibited by constitution
congress cannot compel state gov’t to implement legislation but may induce action by attaching restrictions and conditions pursuant to spending power
dormant commerce clause
a state may regulate commerce if congress has not enacted laws on subject matter (if laws regulating it are enacted, state law is preempted)
states cannot pass laws that discriminate against out of state commerce or place an undue burden on interstate commerce
dormant commerce clause - unduly burdensome regulations
laws that are not discriminatory, but place undue burden on interstate commerce are unconstitutional when
- burden is on interstate commerce
- clearly excessive to the putative benefits to state or local gov’t
* balancing test on case by case basis
dormant commerce clause - discriminatory regulations
discriminatory regulations: laws that are discriminatory or have a discriminatory impact are unconstitutional unless
- burden is narrowly tailored to achieve a legit, non-protectionist state objective or
- state is a market participant rather than a regulator of economic activity
preemption
under the supremacy clause, a validly enacted federal law will always preempt conflicting state law
- express - occurs when the fed law specifically states that it is exclusive
implied - occurs when direct conflict with state law or state law substantially interferes with the objective of federal law
- field preemption - fed law is so expansive the state law is unnecessary or consumed by application of federal law
incorporation doctrine
amendments are applicable to the states by incorporation through 14A Due Process clause
exceptions: 3A, 5A, 7A
14A Equal Protection is incorporated into 5A DP clause, making it applicable to fed gov’t
government action of a private actor
courts will find gov’t action when
- traditional public function (powers traditionally and exclusively reserved to the gov’t) or
- significant gov’t involvement exists to authorize, encourage, or facilitate private unconstitutional conduct
Due Process
no person shall be denied life, liberty or property without due process of law
states - 14A
federal - 5A
- substantive - gov’t power to regulate activities
when regulating fundamental rights (marry, procreate, contraceptive, family, custody, vote, privacy, interstate travel) strict applies (necessary to achieve compelling gov’t interest)
non-fundamental rights = rational basis test - procedural - certain procedures req when gov’t deprives a person of life, liberty, or property (entitlement)
adequate due process requires notice, opportunity to be heard, unbiased hearing
determining procedure req is done by balancing
- importance of private interests
- risk of error under current procedure and the value of additional procedures and
- importance of state interest and burden imposed by additional safe guards
equal protection
prohibits gov’t from denying citizens equal protection of laws. discriminatory classification exists when law is discriminatory on its face, is applied in discriminatory manner or a discriminatory motive exists
the test is based on the basis of discrimination suspect class or infringes on a fund right = strict quasi-suspect = intermediate all other classes = rational basis
suspect classes
race, nationality, alienage classification under state law
quasi-suspect class
gender, non-martial children, and likely sexual orientation
strict scruit
gov’t has burden of showing classification is necessary to serve compelling gov’t interest
