Con Law #1 [W24]

A publisher of an obscene website (which is not constitutionally protected) challenges an internet indecency ban on behalf of those with non-obscene websites. Is there standing?

Yes, because the challenged law is substantially overbroad. The government can ban obscenity, a narrow category, but they may not ban merely indecent speech, as it is protected under First Amendment.

A company runs a "company town" (that is, a community in which an employer provides a place for employees to live which includes most of the features a city or town would have, such as police and fire protection, schools, parks, and so on). Is there state action when the company prohibits minorities from using the town park?

Yes, because the park is something that is exclusively run and provided for by the government. Therefore, the Constitution, including the Equal Protection Clause of the 14th Amendment governs what the company can do with the park.

Advisory opinions cannot be issued by federal courts because they lack _____________.

an actual dispute between adverse parties or a legally binding effect

What is the general rule for procedural due process?

an individual has right to a fair process before government deprives them of life, liberty, or property

For procedural due process, what is deprivation?

an intentional government conduct resulting in the loss of life, liberty, or property

Presidential powers derives from __________.

article 2

Federal judicial power is derived from:

article 3

The Second Amendment provides a right to bear arms for self-defense. This includes a right to keep a handgun at ___________ and the right to carry a handgun ___________.

at home in public

What is the standard for notice for procedural due process?

must be reasonably calculayed to inform the person of deprivation

Is international travel a fundamental right?

no - but protected by arbritrary interference by the federal government under the Due Process Clause of the Fifth Amendment

Characterize the Tenth Amendment with regard to federalism.

powers not granted to federal government are reserved to states or people - state police powers: rational basis, legitimate purpose - anti-comandeering principle: Congress can't commandeer the states by requiring them to enact state laws or to enforce federal laws

Characterize the privileges and immunities clause under Article IV.

prohibits states from discriminating against out-of-state citizens: - applies to important commercial activities & the ability to earn a living - only U.S. citizens (aliens, corporations, etc. not protected) - not absolute (valid if necessary to achieve an important purpose and there are no less restrictive alternatives)

What are the 3 levels of scrutiny?

rational intermediate strict

Unless the court has stated that a right is fundamental, assume that it is not and ______________ applies.

rational basis

Racial gerrymandering, i.e., using race (and other suspect classifications) as the predominant factor in drawing the boundaries of voting districts, will be held invalid unless it can satisfy _________________.

strict scrutiny

The right to vote is a fundamental right. As a result, restrictions on that right, other than on the basis of residence, age, and citizenship, are invalid unless they can pass _________________.

strict scrutiny

When a fundamental right is limited, the law or action is evaluated under _______________.

strict scrutiny

What is the standard of review for a regulation that burdens an individual's right to keep and bear arms?

the government justify the regulation by demonstrating that it is consistent with historical tradition of firearm regulation

How does the one person, one vote principle apply to state and local elections?

the populations of the voting districts must be substantially equal e.g., representatives in a state house are elected from individual voting districts - equal protection requires the population of those districts be substantially equal

Regarding the right to travel, an individual has a right to:

(1) travel from state to state, and (2) to be treated equally after moving into new state * some residency restrictions are OK

A company runs a shopping mall and excludes speakers that it does not like. Is there state action here?

No. Running a shopping mall is not a traditional or exclusive state function. The company is not bound by the First Amendment. Therefore, it may exclude speech that it does not like on its property.

The NCAA, a voluntary association of public and private universities that regulates collegiate sports, ordered the firing of a state college coach. Is there state action here?

No. The mere fact that the organization has some people who are government actors does not convert the organization to a government/state actor.

A state grants a liquor license to a private club that racially discriminates. Is there state action here?

No. When a state is generally licensing and regulating private businesses, there is not enough significant involvement to amount to state action.

President must faithfully execute the law. True or false?

True

Characterize the delegation of legislative authority.

Congress can delegate power but must include intelligible standards - usually, general standard suffices Major Questions Doctrine: regulations having extraordinary economic and political significance require clear congressional authorization

Characterize the necessary & proper clause.

Congress can use any rational, constitutional means to exercise an enumerated power

Characterize the commerce powers.

Congress has power to regulate all foreign and interstate commerce, as well as commerce with Indian tribes

Characterize Supreme Court's jurisdiction.

No review of a state court decision if there is an adequate and independent state grounds

A new resident of a state challenges its one-year residency requirement for voting. By the time the case reaches the Supreme Court, a year has passed, and the challenger can now vote. Is the case moot?

No, the case is not moot. Here, the first exception applies. The injury is indeed capable of repetition yet evades review because its inherently limited duration. The injury is not being able to vote in a state until living there for a year. Lawsuits can take well over a year to reach final judgment. Thus, the lawsuit is not moot, despite the fact that the π's injury has passed.

A strip club that the city sought to close closes, and the owner retires. Is this case moot?

No, the lawsuit for the closure is not moot. The owner has voluntarily stopped the challenged activity, but could restart at will as soon as the lawsuit is dismissed. Thus, the second exception regarding voluntary cessation applies. However, the outcome may be dependent on the facts. On the exam, look for facts that indicate it would actually be hard for the litigant to restart the challenged activity. For example, if the owner converted the strip club into a flower shop or moved to Florida, then it would be moot and the second exception would not apply because it would not be possible for voluntary cessation to happen.

A federal law sets the minimum wage at $7.25 per hour. A state law sets the minimum wage at $15 per hour. Is the state law preempted?

No, there is no conflict between state and federal law. By imposing the higher minimum wage, the state is simultaneously following the federal law. Federal law often "sets the floor" and states are allowed to go higher.

Plaintiff seeks a declaration on the constitutionality of an anticontraceptive law that has not been enforced in 80 years. Is this case ripe?

No, this case is not ripe. Although the plainitff can establish the case is fit for pre-enforcement review because it is legal in nature, that is whether the anti-contraception the constitutional, the law has not been enforced in 80 years. Therefore, there is no substantial hardship and the lawsuit is not ripe unless there are additional facts indiciating that the law is likely to be enforced in the near future.

For procedural due process, what are the appropriate clauses and amendments, and which level of government do they apply to?

due process clause of 5th amendment applies to federal government due process clause of fourteenth amendment applies to state government

The federal government has limited powers. Every exercise of federal power must be traced to the Constitution. Congress can exercise the powers ______________ in the Constitution (under Art. I § 8), plus any powers ___________________ to carry out any of its enumerated powers.

enumerated necessary and proper

Congress does not have general police powers. However, Congress has police power type powers over:

federal lands, Native American reservations, and D.C.

Characterize the regulation of interstate commerce as it relates to federalism.

federal law preempts conflicting state law - conflicting state laws are superseded and nonconflicting state or local laws in the same field may be preempted

The power relationship between the federal government and state and local governments under the Constitution is known as ______.

federalism

Characterize the limitations on Congress' regulation of interstate commerce.

- 10th amendment limitation: can't regulate noneconomic activity traditionally regulated by states - can't compel activity; only regulate

A state statute prohibits merchants from selling goods manufactured in a foreign country unless the merchant clearly marks the goods with their country of origin. The United States has a treaty with a foreign country that allows each country to import and sell goods and products from the other country. If a person is prosecuted under the state law for refusing to mark goods as being of that foreign country's origin, which of the following statements reflects the most likely outcome of the case? (A) The person will be found guilty because the treaty with the foreign country is no defense to a criminal prosecution in state courts for violating state laws. (B) The person will be acquitted, but only if the treaty with the foreign country preceded the state statute in point of time. (C) The person should be acquitted because the state statute is preempted. (D) The person will be found guilty because the treaty

(C) is the correct answer. Federal laws, including federal treaties, preempts inconsistent state laws. Here, the state law conflicts with federal treaty. The treaty allows for free trade with another country whereas the state law erects a barrier to free trade by imposing a label requirement with the threat of a criminal penalty. (A) is incorrect because any state law that conflicts with federal law, including criminal law, will be preempted, i.e., rendered invalid by the superior federal law. That means a federal treaty would serve as a defense to a state prosecution. (B) is wrong because it does not matter when the state law was enacted. Federal law will always trump under the Supremacy Clause. (D) is wrong because there is no indication that the treaty would need effectuating from Congress. The treaty in this scenario, like many treaties, are self-executing. It opens up free trade with the foreign country, leaving nothing else for Congress to do. Therefore, (C) is the better answer between (C) and (D).

Characterize the dormant commerce clause.

(a). in the absence of federal regulation regarding the subject, a state or local government may regulate local aspects of interstate commerce (b). state law can't unduly burden interstate commerce (if it does, it will violate the Commerce Clause) (c). discriminatory state law = presumptively invalid: - but valid if: (i) necessary to achieve purpose unrelated to protectionism; and (ii) no non-discriminatory alternatives (d). non-discriminatory state law = presumptively valid: - but invalid if burden outweighs benefit (law is essentially irrational)

Characterize the taxing & spending powers.

- Congress may tax and spend to promote general welfare - Spending conditions on grants to state or local gov't ("strings"): 1. clearly stated 2. related to purpose 3. constitutional 4. not unduly coercive

Fundamental rights include:

- all First Amendment rights - the right to interstate travel - privacy-related rights - voting

There is a constitutional framework for the protection of individual liberties. Characterize some of the constitutional restrictions on power over individuals.

- bill of rights limits federal power - due process clause of 14th Amendment applies most of the rules to state and local governments

Characterize sovereign immunity and the eleventh amendment.

- can't sue states - exceptions: 1. waiver: express or structural 2. local governments and entities 3. states can sue other states 4. federal government can sue states 5. bankruptcy 6. state officials 7. congress abrogates (civil rights law)

Because of the Supremacy Clause, a federal law may supersede or preempt state (or local) laws. Characterize preemption as it relates to the context of federalism.

- express - implied: 1. conflict between state and federal law requirements 2. state law prevents acheievement of federal objective 3. field preemption (e.g., federal laws are comprehensive or an agency has been created to oversea the area - preemption may be found)

Characterize strict scrutiny.

- fundamental right or suspect classification - necessary (least restrictive alternative) to compelling government purpose - burden on government: government almost always loses

Characterize the relationship between substantive due process and equal protection.

- government denies everyone = due process - government denies targeted group = due process & equal protection

For procedural due process, characterize the neutral decision maker.

- government provided - no actual risk or serious risk of bias

The type and extent of the hearing required for procedural due process are determined by a balancing test that weighs:

- important of interest to the individual and the value of the procedural safeguards to the interest against the government interest in fiscal and administrative efficiency

A live controversy must exist at all stages of review. Therefore, the plaintiff needs to be suffering from an ongoing injury, or else the case will be dismissed as moot. Characterize mootness.

- live controversy + ongoing injury - exceptions: 1. the injury is capable of repetion but evading review 2. ∆ voluntary stops the challenged activity, but can resume at will 3. class actions with one live claim

Characterize substantive due process for privacy-related rights.

- marriage: law prohibiting a class of adults from marrying is likely to be invalid unless government can demonstrate that the law is narrowly tailored to promote a compelling or, at least, important interest - procreation: individuals have a fundamental right to reproduce that cannot be limited by the state - use of contraception: a state cannot prohibit the distribution of non-medical contraceptives to adults or minors - parental rights: parental rights are fundamental and include the companionship, care, custody, and upbringing of children - living with extended family: right to live with extended family members, but does not extend to unrelated people

The President has the power to enter into treaties with the consent of two-thirds of the Senate. Characterize treaties.

- negotiated by President - approved by 2/3 Senate - Constitution > (federal law = treaties) > state law - conflicts with federal law = first-in-time rule (later law trumps earlier law)

Characterize abortion.

- no fundamental right in Constitution - states may regulate - restrictions entitled to strong presumption of validity: rational basis review

Characterize rational basis review.

- no fundamental rights, no suspect classification (e.g., age, disability, poverty) - rationally related to legitimate government purpose - burden on challenger: government usually wins

Characterize separation of powers as it relates to Congress' legislative powers.

- no line item vetos: President either approves or rejects entire bill - bicameralism (approval by both houses) & presentment (to President for signature or veto) required for passage of a bill - no legislative vetos: violates bicamerialism and presentment requirements

To avoid issuing advisory opinions, courts wait until laws and policies have been formalized and can be felt in concrete ways. Characterize ripeness.

- no pre-enforcement review unless: 1. fit for decision - legal issue, not factual 2. substantial hardship

For procedural due process, characterize liberty.

- physical freedom - legal freedom - but not mere harm to reputation

Characterize intermediate scrutiny.

- quasi-suspect classification - substantially-related (or narrowly tailored) to important (or significant) government purpose - burden (likely) on government: outcome varies

For procedural due process, characterize property.

- real or personal - intangibles - some government benefits: reasonable expectation of continued receipt

Characterize executive agreements.

- signed by the President and head of a foreign country - used for any purpose that treaties can be used for - no Senate approval - Constitution > federal law > executive agreements > state law

Characterize the implied presidential powers.

- strongest when authorized by Congress - if Congress silent, and constitutionality of action is uncertain, Court will consider all relevant circumstances - if against express will of Congress, likely invalid

For purposes of standing, generally, there is no third party standing. The plaintiff must be the one who suffered the injury, but there are exceptions to the rule. What are the exceptions?

1. A claimant with standing in their own right may assert the rights of a third party if: i. difficult for third-party to assert own rights; or ii. close relationship b/w plaintiff & third party so that π can adequately represent the third party (e.g., parent representing child) 2. Organization has standing to sue on behalf of members if: i. injury to members; ii. member's injury related to purpose iii. member participation not needed 3. free speech overbreadth claims: - a person has standing to bring a free speech claim alleging that the government restricted substantially more speech than necessary, even if person's speech is not protected under First Amendment. Does not apply to restrictions on commercial speech

State whether the durational residency requirements below are valid or invalid. (1). One-year residency to receive full welfare benefits. (2). One-year residency to receive state-subsidized medical care. (3). One-year residency to vote in state. (4). Thirty-day residency to vote in state. (5). One-year residency to get divorced.

1. Invalid 2. Invalid 3. Invalid 4. Valid - prevent people temporarily staying in the state to vote 5. Valid - states want to avoid becoming a divorce mill

1. Ban on discrimination at hotels and restaurants. Does this fall within Congress's commerce power? 2. Criminal ban on possessing a gun within 1,000 feet of schools. Does this fall within Congress's commerce power? 3. Criminal ban on possessing a gun within 1,000 feet of schools in connection with drug trafficking. Does this fall within Congress's commerce power? 4. Mandate to purchase individual health insurance. Does this fall within Congress's commerce power?

1. Yes, Congress can ban discrimination at hotels and restaurants. If all local hotels and restaurants were to discriminate on the basis of race, they would have a substantial effect on interstate commerce as it would suppress travel and related spending. 2. No. Here, the 10th Amendment limit applies. This is a noneconomic activity traditionally regulated at the local level. But watch out for facts that could flip the outcome. 3. Yes, because there is a commerce hook attached. Congress is using the gun ban in connection with drug trafficking. Drug trafficking in and around schools, in the aggregate, substantially affects interstate commerce. 4. No. Although the failure of people to buy health insurance has a substantial effect, they cannot compel people to act. They can only regulate. Congress could however, tax the failure to buy health insurance to incentivize people to buy it.

1. You sue your state to enjoin it from bulldozing your home. Is this action barred? 2. You sue the state director of transportation to enjoin them from bulldozing your home. Is this action barred?

1. Yes, no exceptions apply. Therefore, sovereign immunity applies and you cannot sue a state. 2. No. You can sue state officials, no matter how high or law. Just be sure it is the right state official so that court can redress the injury.

Characterize interstate commerce.

1. channels (highways, waterways, telephone lines, internet) 2. instrumentalities (planes, trains, automobiles) 3. local activities with substantial or aggregate effects on interstate commerce

Characterize the exceptions to the dormant commerce clause.

1. congressional approval - may permit violations or prohibit laws that would otherwise be upheld 2. market participant - state or local gov't may prefer its own citizens in receiving benefits from the gov't or dealing with gov't owned businesses (e.g., awarding construction contracts to its own citizens)

What are the procedural requirements for due process?

1. notice; 2. hearing (an opportunity to be heard); and 3. a neutral decision maker

To have standing, a person needs to show an injury in fact, which requires both:

1. particularized harm - injury must affect π in a personal and individual way 2. concrete injury - must actually exist, not hypothetical

Characterize concurrent federal and state power and the effect of the Supremacy Clause.

Because of the Supremacy Clause, a federal law may supersede or preempt state (or local) laws Federal law includes the Constitution, federal statutes and regulations, treaties, and executive agreement

Characterize the state action doctrine.

Because the Constitution generally applies only to governmental action, to show a constitutional violation, a "state action" must be involved. This includes: - laws - acts of government officials in official capacity - does NOT apply to private action: (i) exception: activities traditionally and exclusively performed by government - significant state involvement in private conduct

A firm subject to a tax seeks a declaratory judgment on the tax's constitutionality. Is this suit seeking an advisory opinion?

No, this happens often. As long as there are adverse parties, such as the taxpayer and the IRS, and the declaratory judgment would be legally binding on the parties.

After pulling a man over for speeding, a member of the Los Angeles Police Department dragged the man from his car and beat him. The driver sued the LAPD for using excessive force. Is this action barred?

No, you can sue local governments. Thus, Rodney King can sue LAPD along with the officers involved.

Art. II, § 3, Clause 4

Take Care Clause President has an express power and duty to faithfully execute the laws

wo adult males set up a tent in a remote and secluded overnight camping area of a state park. A park ranger who happened to be in the area heard them engaging in sexual relations and pulled open the tent flap and arrested them. They were charged and convicted under the state's century-old anti-sodomy statute, which the state still enforced. If the defendants appeal to the state appellate court claiming a violation of their constitutional rights, what should the court do? (A) Reverse the conviction, because the defendants' due process rights were violated when they were arrested in the secluded park area. (B) Reverse the conviction, because consenting adults are free to engage in sexual activity. (C) Uphold the conviction, because the United States Constitution provides no right to engage in sodomy in a private setting. (D) Uphold the conviction, because the defendants were in a state park, a public area.

The correct answer is (A). Although they are in a public park, they are in a secluded camping area, which is considered to be the equivalent of a private bedroom or hotel room. These are areas in which private consenting individuals, regardless of gender, have the right to engage in sexual intimacy without state interference. (B) is wrong because it is an over-broad statement. Consenting adults are not free to engage in sexual activity anywhere in any way. The state can, for example, criminalize sex in public or sex for money. (C) is wrong because the Court has overruled the previous standard that did not allow for same-sex couples to engage in sodomy in a private setting. (D) is incorrect because the secluded camping area is deemed to be equivalent to a private area such as a hotel room.

A procedural due process violation is most likely to be found where: (A) A judge with a personal financial interest in a case refuses to recuse himself (B) A deputy sheriff's negligent act causes injury to a prison inmate (C) A new state law prospectively changes the requirements for a driver's license so that some new drivers will no longer qualify for a license

The correct answer is (A). Here, the judge having a personal financial interest poses a serious risk of bias to the case. Due process requires a neutral decision maker, provided for by the government, who poses no serious risk of bias to the case. Negligent acts are irrelevant to due process, thus (B) is wrong. (C) is incorrect because you cannot have a property interest in something that you do not even own. The new drivers do not even own a driver's license yet.

Under the Due Process Clause, the following government acts are considered deprivations of liberty except: (A) Denial of the right to engage in gainful employment (B) Defamation without a tangible loss (C) Loss of a freedom provided by the Constitution (D) Denial of the right to vote

The correct answer is (B). Defamation is not a protected liberty interest. (A) is incorrect because gainful employment is a protected liberty interest. (C) and (D) are incorrect because constitutional rights, including the right to vote, are protected liberty interest as well.

As an aide to a member of the Congress of the United States, you are expected to provide an analysis of the constitutionality of proposed legislation that your employer is called to vote on. A bill has been proposed that would create a mandatory price schedule for every motor vehicle sold in the United States. Which of the following should you tell your employer is the strongest constitutional basis for the proposed legislation? (A) Congress has the power to legislate for the general welfare of the people of the United States. (B) Congress has the power to regulate transportation in the United States. (C) Because the purchase or sale of a motor vehicle, by definition, involves commerce, the federal government may regulate such transactions under the commerce power. (D) All motor vehicle transactions in the United States, taken as a whole, have a significant impact upon interstate commerce.

The correct answer is (D). (C) is incorrect. Congress does not have power to regulate commerce merely because it involves commerce. That is an overbroad statement. Congress may only regulate interstate commerce, not commerce generally. (B) is incorrect for being too broad. Congress can only regulate transportation in connection with commerce. Regulation of the general welfare is not an enumerated power, thus (A) is incorrect.

An inmate suing to change prison conditions completes their sentence. Is this case moot?

Yes, the lawsuit is moot. The former inmate is no longer subject to the prison policy, therefore he is not suffering from an ongoing injury. There may be a question of whether the first exception applies, which is the issue is not considered moot if the controversy is capable of repetition but evades review because of their inherently limited short duration. This exception does not apply. A prison sentence is not so inherently limited in duration that a federal court could not decide a challenge to a prison policy before a prisoner gets released. They can use a plaintiff who is in prison for a lontime, such a lifer.

An officer targets minorities contrary to department policy. Is there state action here?

Yes. A government official acting in their official capacity is a state actor, regardless of whether or not they're following or disobey policy set by the department or by the law.

Plaintiff sues at the request of defendant, who finances and directs the suit. Is this lawsuit seeking an advisory opinion?

Yes. Although there is a lawsuit, there is no adverse parties because the parties are in cahoots with each other. Thus, the court cannot hear the case.

A state court enforces a racially restrictive covenant. Is there state action here?

Yes. Even though these were private real estate contracts, the contracts barred the sale of homes to minorities and it was the power of the state judiciary that have this private contract restriction public enforcement muscle, so there is significant state involvement.

Multiple drug firms seek a declaration that the Food and Drug Administration lacked the authority to require generic names on all drug labels and ads. The cost to comply with this requirement would be substantial, but noncompliance would result in serious criminal and civil penalties. Is this case ripe?

Yes. Here, the drug firms can show substantial hardship would occur, absent a pre-enforcement review. It is going to cost the manufacturer money and resources to change all the labels and marketing and they will also be fined heavily if they choose not to obey it. Secondly, the issue on which they seek review, the FDA's legal authority to mandate these disclosures of generics, is legal rather than factual. Thus, there is no need to wait for application of the law against the drug firm before review. The issue is ripe for review.

Federal law allows veterans to file pension claims in federal court but gives the Secretary of War the power to ignore court decisions. Is a claim brought under the federal law seeking an advisory opinion?

Yes. Here, the federal law allows the Secretary of War to ignore court decisions. Thus, one of the parties will not be legally bound if they do not want to be.

Congress extensively regulates the entry requirements for foreign nationals. A state bordering another country imposes additional requirements for entry. Are the state requirements preempted?

Yes. Here, there is already extensive legislation in place over this area of law. Moreover, it is an area over which Congress has broad powers, immigration. Therefore, field preemption applies.

A federal law delegates to the Department of Labor exclusive authority to set the minimum wage. The Department sets the minimum wage at $7.25 per hour. A state law sets the minimum wage at $15 per hour. Is the state law preempted?

Yes. Here, there is express preemption. The federal law exclusively delegates the authority to set the minimum wage to the Department of Labor.

A state leases a premises to a restaurant that racially discriminates. Is there state action here?

Yes. Here, there is significant state involvement because, as a landlord, the state has oversight and say over what occurs on its premises.

A voluntary association of mostly public and some private high schools, and run mainly by public school officials during school hours, regulates sports within a state. Is there state action here?

Yes. Here, there is substantially more involvement and benefit to the secondary school Athletic Association than in the case of the NCAA.

Secretary of State Thomas Jefferson asks the Supreme Court for advice on the meaning of federal treaties and laws. Is this a request for an advisory opinion?

Yes. Jefferson and Washington were not parties before the court so any advice would not be binding.

A state privatizes prisons. Is there state action in a private company running the prisons?

Yes. State prisons are an exclusive state function. Therefore, states cannot circumvent the Eighth Amendment by having private prisons and private companies run them.

A federal law sets the minimum wage at $7.25 per hour. A state law sets the minimum wage at $5 per hour. Is the state law preempted?

Yes. The lower minimum wage conflicts with the federal law. A state employer that sets the wage at the state minimum will violate the federal law, thus preemption the state minimum. States cannot go below the federal floor. Here, the federal law governs.

A federal law encourages the reporting of employment discrimination complaints to a federal agency. A state law denies unemployment benefits to those who report those complaints to the agency. Is the state law preempted?

Yes. While the state law does not prohibit direct reporting to the feds, and thus no conflict, the state is, nonetheless, indirectly or passive aggressively impedes the policy of federal law by punishing those who report to the law.

Political gerrymandering, that is, drawing district lines to achieve certain political results, is considered to be ________________.

a non-justiciable political question

After determining the case or controversy is not seeking a request for an advisory opinion, ripeness and mootness considerations are resolved. The principle of ripeness bars consideration of claims before they have developed. A case seeking pre-enforcement review is not ripe, unless substantial hardship can be shown and there is a legal issue, not factual issue, fit for judicial decision. Mootness bars consideration of claims after they have been developed. A live controversy and ongoing injury must be shown by π, or else the case is deemed moot. Lastly, a person must have standing at all stages of litigation, including on appeal. Characterize standing.

three major components: 1. injury - any concrete & particularized harm • has occurred or imminent • pre-enforcement review: likelihood of future harm 2. causation - injury fairly traceable to ∆ 3. redressability - win can remedy injury

Federal courts can hear a matter only if there is a "case or controversy," that is, whether a case is "justiciable." Characterize justiciability.

three questions in determining whether there is a case or controversy. 1. what is the case requesting? - no advisory opinions 2. when is it brought? - is it ripe or moot? 3. who is brining it? - does the π have standing?

President, as commander-in-chief, can act militarily in actual hostiles against the US without a congressional declaration of war to protect American lives and property .True or false?

true

How does the one person, one vote principle apply to congressional elections?

when creating congressional districts within the state, states must use almost exact mathematical equality

When does the "one person, one vote" principle apply?

whenever any level of government decides to select representatives to a governmental body by popular election

The Necessary and Proper Clause standing alone can't support federal law. It must ______________ with another federal power

work in conjunction