Types of Federal Judicial Power
Law Based
Party Based
Law Based Power
1. Arising under Constitution, Federal Laws, and Treaties
2. Admiralty and Maritime Jurisdiction
Party Based Power
1. Cases affecting ambassadors, public ministers, and consuls
2. State vs. State
3. State vs. Citizens of State
4. US Gov't is a party
5. Citizens of different states (Diversity)
11th Amendment
Private individuals cannot sue states for money damages in any court
Exceptions to 11th Amendment
1. State can sue another State & Federal Gov't
2. Cities and Counties not protected
3. Injunctive Relief
4. Waiver by State
5. Congress can overcome if using power under 13th, 14th, 15th Amendments
Limitations on Federal Jurisdiction
Under "cases" or "Controversies": Ripeness, Adequate and Independent, Abstention, Mootness, Political Question, Standing (RAMPS)
Ripeness
Claims that have not fully developed
(Look for a declaratory judgment)
Abstention
Deference to State courts. Court will wait for state court to decide new issue of state law
Mootness
Dispute is over.
Exception: Cases that are capable of repetition, yet evade review
Standing
Person Must Show:
1. Injury in Fact
2. Causation
3. Redressability
Injury in Fact
Plaintiff must show direct or personal injury, actual or imminent, caused by the action that he is challenging
Individuals with no Injury
1. Legislators who think a law they voted against is unconstitutional
2. Private individual who thinks law is unconstitutional by not affected by law
3. Taxpayers who doesn't want tax dollars used to support something he thinks is unconstitutional (except
Causation
Injury was caused by the challenged action and was caused by the violation of a duty affecting the plaintiff's rights
Redressability
Plaintiff must show that he will benefit from the remedy sought in the litigation
3rd Party Standing
Generally no standing, but if following two conditions met:
1. Special Relationship
2. Incapacity
Organizational Standing
1. Would members have standing if they brought suit on their own
2. Is the purpose of the organization germane to the subject matter of the suit
3. Member participation must not be required
Political Question
A matter assigned to another branch by the constitution
Political Question Factors
1. If the constitution suggest that ultimate decision making authority is given to another actor
2. Required decision is political rather than legal in character
Adequate and Independent State Ground
SCOTUS will not take any appeal from a state supreme court if the state court's decision can be decided on state ground
exception: State law analogous to Fed. Const. and State Court says they are the same
SCOTUS Original Jurisdiction
1. State vs. State
2. Ambassadors, Public Minister, Consuls
SCOTUS Appellate Jurisdiction
Where Constitution or Federal Law are at issue
Congress' Power over Courts
Lower Federal Courts: Whatever it wants
SCOTUS: Can't prevent from hearing Federal Question
Congress Cannot: Move a case from Appellate Jurisdiction to Original (Marbury v. Madison)
Constitutionality of Federal Law
1. Has to be congressional power
2. Does not violate a Constitutional Right
Constitutionality of State Law
Cannot violate Constitutional Right
3 Sources of Congressional Power
1. Enumerated Powers
2. Enabling Clauses
3. Necessary and Proper Clause
Enabling Clauses
Extra power to prohibit anything prohibited by 13th, 14th, and 15th Amendments
Necessary and Proper Clause
Pass laws needed to put other powers into practice
Enumerated Powers
Those set out in Constitution
List of Enumerated Powers
1. Commerce Power
2. Taxing Power
3. Spending Power
4. War and Defense Powers
5. Investigatory Power
6. Property Power
7. Power of Eminent Domain
8. Admiralty and Maritime Power
9. Bankruptcy Power
10. Postal Power
Commerce Power
Congress can regulate:
1. Channels of interstate commerce
2. Instrumentalities of interstate commerce
3. Activities that "substantially affect" interstate commerce
exception: intrastate non-commercial activity
Substantial Effect
Activities that take place in one state that effect the flow of goods and people across state lines
Cumulative Effect
Small activities that if put together have a substantial aggregated effect upon interstate commerce
Taxing Power
Congress has power to impose and collect taxes in order to pay debts and spend for the general welfare
Upholding Taxes
Purposes
Objective: Does the tax actually raise revenue?
Subjective: Was the tax meant to raise revenue? Even if it didn't
- If congress has power to regulate activity directly, then it can tax it
Spending Power
Congress can spend for the general welfare
Congress can place condition on federal funds if
1. Serves General Welfare
2. Condition is unambiguous
3. Condition Relates to federal program
4. Cannot require state to do something unconstitutional
5. Amount of spending cannot be so great that is crosses line from inducement to coercion
War and Defense Powers
Congress May:
1. Declare War
2. Raise and Support Army
3. Provide and maintain Navy
4. Call forth, organize, and arm malitia
Congress power during wartime
1. Enact Military Draft
2. Control Prices and Wages
3. Confine citizens to designated areas
Congress establishing military courts
Can try enemy combatants, court martial proceedings
Investigatory Power
may extend to any matter related to its legitimate lawmaking power
- may do things necessary to facilitate investigations, like subpena
- Cannot override any individual constitutional rights
Property Power
Can regulate and dispose of federal property (DC and federal territories)
Power of Eminent Domain
Implied Power, must pay compensation
Admiralty and Maritime Power
Complete and plenary power to fix and determine the maritime laws through the country
Postal Power
Can establish post offices
Bankruptcy Power
Congress has the power to "establish uniform Laws on the subject of Bankruptcies throughout the Unites States
Speech and Debate Clause
Members of Congress cannot be punished or prosecuted for anything they say during debate on floor of either house
Civil War Amendments
13: Bans Slavery
14: Prohibits state from violating due process, equal protection, and Privileges and Immunities of people
15: Prohibits states from discrimination as rights regarding voting
Civil War Amendments: Enforcement
- 13th applies to states and private actors
- 14th and 15th only applies to states
- Congress must justify enforcement by showing a violation
- Remedy cannot go to far beyond limits: Congruent and Proportional
Congressional Delegation of Power
Congress can create an agency and give it some legislative power as long as there is some intelligible principle
Executive Power
President
1. Enforcement: can enforce but not make laws
2. Appointment Power - Appoints high level officials such as Ambassadors and Cabinet members, with advice and consent of Senate
Delegation of inferior officers
Congress can delegate appointment of inferior officers to:
President, Courts, Heads of executive departments
Executive Power of Removal
Executive officials: can remove without cause
Executive officials w/ fixed terms: For cause including quasi-judicial
Federal Judges: Only through impeachment
Special Prosecutors
Ok for congress to allow courts to appoint special prosecutor to investigate president that cannot be removed
Veto power
President must affirmatively veto a bill. If does not sign within 10 days a bill becomes law, except for Pocket Vetoes
Pocket Veto
President fails to sign a bill received in last 10 days of congressional term
Line-item Veto
Unconstitutional. Allows President to select parts of bill he likes and veto others.
Pardon Power
Limitations:
1. Can only issue a pardon for federal crimes
2. Cannot undue an impeachment
Executive Privileges
Absolute
Presumptively
Absolute Privilege
Can refuse to discuss information about national security secrets
Presumptively Privileged
Confidential communication between President and advisers
Commander in Chief
Without a declaration of war a President's powers are limited to
1. Repelling attacks
2. Seizing property, unless denied by Congress
Treaty Power
President can make power with 2/3 approval of Senate
Treaties and Law
Federal Law: Same status, preempts prior federal law
State Law: preempts inconsistent state law
Executive Agreements
Like treaties but without force of law. Prevail over state but not federal law.
Impeachment
Used to remove federal officials
House: Sole power to impeach (indite)
Senate: Conducts trial, removes official with 2/3 vote
Reasons for Impeachment
Treason, Bribery, Other High Crimes and Misdemeanors
Appropriation Power
(Power of Purse)
Congress explicitly directs the President to spend appropriated money, cannot refuse
Presidential Limits on Congress
Veto: Can refuse to sign a law (congress can overcome by 2/3 majority of both Houses)
Pardon: Can pardon people guilty of laws he doesn't like
Judicial Limits on Congress and President
Judicial Review of laws and Actions
Scope of Power
Federal: Gov't of limited power, by Const.
State: Have police power, can pass laws without identifying course of power
Limit on State's Power
1. Exclusive Federal Power
2. Individual Right - Fed. Constitution
3. Preemption
Exclusive Federal Power
Coin Money, Maintain Army, Foreign Affairs
Preemption
Federal law and State law contradict, Fed wins
Federal Government Immunities
Sovereign: Fed cannot be sued without consent
Supremacy: Contrary State and Fed Law-> Fed wins
Taxation: Immune from state taxes
State Government Immunities
11th Amendment
Federal Taxes: if activity is unique to state government, or essential gov't function
Anti-commandeering doctrine
10th amendment prohibits feds from using power to force state legislature to pass a law or state official to administer federal program
Dormant Commerce Clause
States cannot discriminate against out of state groups or economic actors
State law discriminating on its face
1. Regulation serves a compelling interest
2. State has no other way to serve interest
State law merely burdens interstate commerce
1. Regulation serves and important state interest
2. Burden on interstate commerce is not excessive in relation to the interest served
Exceptions to Dormant Commerce Clause
1. Congress may affirmatively authorize states to legislate in areas that would violate the Dormant Commerce Clause
2. When states act as market participants, they may discriminate between in and out of state business