Professional Documents
Culture Documents
Notes/Hypos
11th Amendment
Limitations on jurisdiction of
federal courts
1.
2.
3.
4.
5.
6.
Case or controversy
Standing
Ripeness
Mootness
Political question
Abstention (refusal to hear) undecided state
law issues
7. Adequate and independent state grounds
(apply only to S.Ct.)
CRAMPS
Standing
1. injury in fact
a. P must show direct & personal injury,
actual (past) or imminent (future),
caused by the govt. action
2. causation
3. redressability
a. P must show that the relief sought will
redress the injury
Exception:
** capable of repetition but evading review ** the
facts of the case can recur but because of the
nature of the facts, it is very difficult for the courts
to hear the case.
Appellate jurisdiction:
1. where the constitution or federal law are at
issue
Congress has the power to do what it wants to
lower federal courts because it created them
except add to or restrict a courts original
jurisdiction.
1.
2.
3.
4.
5.
Powers of the Congress
6.
7.
8.
For a
1.
2.
9. Power of eminent
domain
10.
Admiralty
Legislative power
and maritime
Commerce power
power
Taxing power
11.
Bankruptcy
Spending power
power
War & defense
12.
Postal power
power
13.
Copyright/Pa
Immigration &
tent power
naturalization
14.
Speech/deba
Investigatory
te clause
power
15.
Civil War
Property power
amendments
16.
Delegation
of power
fed law to be constitutional:
Congress must have the power to pass the
law, and
It must not violate a constitutional right
Commerce power
Taxing power
Spending power
Delegation power
Executive Power
1. As Chief Executive:
a. Enforcement of laws
b. Appointment power high officials like
Ambassadors /cabinet members with
advice and consent of the Senate
c. Removal power
i. Any executive appointee can be
removed w/o cause
ii. Those with fixed terms must be
removed only for cause
iii. Cannot remove judges
(impeachment by Congress)
iv. Congressional approval of
removal
d. Veto power
i. Congress can override with 2/3rd
vote in both houses
ii. Line-item veto is unconstitutional
e. Pardon power only for federal crimes,
not state. Cannot undo impeachments
f. Executive privilege absolute privilege
to refuse to disclose info related to
national security; presumptive privilege
over confidential matters unless
subpoenaed as evidence in criminal
trial (Nixon)
SEPARATION OF POWERS:
Congressional limits on the
Executive
Things
1.
2.
3.
State action
Exceptions
1. Public function theory where a private
entity is carrying out activities traditionally
performed by the govt.
2. Significant state involvement theory
where a private partys action is closely
encouraged and supported by the state, the
private partys action can be treated as govt.
action for the purpose of state action
doctrine. (entanglement theory)
1.
2.
3.
4.