Essay About State Govtsmarbury V And Constitutional Law Authorityarticle

Powers of Federal Court
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Does govt have the power to act?Federal must have express authorityCONGRESS! Can’t act in general welfareFed courts must hear cases only which have statutoryState and local can do anything except that which is prohibited by constitutionPOLICE POWERHas govt violated a limit on its authorityAmendmentsDue Process Equal Protection Powers of Federal CourtMust be constitutional authorityStatutory authorityStates Can hear anything unless exclusive federal court jxd FEDERAL JUDICIAL POWER Cases and Controversies0- defines constitutional law authorityArticle 3 Section 2 defines judicial powerGiving rise to a series of limits to federal judicial powerJusticiability DoctrinesStanding- whether P is proper party to bring a matter to court for ajudicationMOST IMPORTANTRequirements:Injury- allege and prove that she has been or imminently will be injured (P may only present personally suffered injuries) if P is seeking injunctive or declaratory relief must show future harmCausation and redressability- D caused the injury so favorable decision will remedy the injury No third-party standing is allowedExceptionsSufficiently close relationship (third party is allowed); P can adequately represent interests of 3P (doctor/patient)Injured 3P cant assert his own rightsOrganizational standing- members must have standing; interest must relate to organizations purpose; neither claim nor relief must require individuals participationNo generalized grievances are allowed- P must not be suing solely as a citizen or taxpayer interested in government follow the law- BUT taxpayers can challenge govt expenditures pursuant to a staute for violating the establishment clauseRipeness- may the federal court grant pre-enforcement review of a statute or regulationMust really be a caseIs there a request for declaratory judgment?Hardship P will suffer without reviewFitness of the issues in the record for judicial reviewAbbot- FDA adopted rule for generic name on label, moved to dismiss on ripeness bc no drug companies had been prosecuted on violating ruleGreat hardship- drug companies would have to either break rule and break law or comply and lose millionsFitness- q of law; nothing to be gained by waitingRIPE!Mootness (must not be moot)If events after initial filing of lawsuit end Ps injury, case dismissed as mootMust present live controversy in all stagesException: wrongs capable of repetitionRoe v Wade- injury was over but could still decide bc capable of repetition, could become pregnant againVoluntary cessation: Class action suits- one member of class has ongoing injury   Political Question- allegations of constitutional violations that  fed court will not adjudicate; left to judicial branch (must not pose political q)Cases under Republican form of government clause-// GUARANTEE CLAUSE  art 4 sec 4; nonjusticiableChallenges to Pres. Conduct to foreign policyChallenges to impeachment and removal processNixon v. US- challenging impeachment and Challenges to partisan gerrymanderingPolitical P that controls leg. Draws election district to maximize seatsSupreme Court ReviewWrit of Certiorari- court has complete discretion (4 votes)All cases by USCOA go by CertiorariAppeals exist only for SCOTUS decision by three judge federal district courts If statute says its appeal, SCOTUS must take, only one instance, 3 judge fed. District courtOriginal and exclusive jxd to hear suits between state govtsMarbury v. Madison- Congress cannot expand original jxd of the supreme court, limited to just that enumerated in article 3Only after theres a final judgmentMust not be an independent and adequate state law ground of decisionIf a state court decision rests on two grounds (fed & state), if supreme court reversal of federal law will not change case, cant hear itLower Federal Court ReviewAll justiciability must be metFederal courts cant ask for suits against state governmentsPrincipal of sovereign immunity- 11th amendment bars suits against state govts in federal courtExceptions to sovereign immunity-Waiver- state govt can consent, must be explicitPursuant to fed. Statutes adopted by congress under sec 5 of 14th amendment by congress cant override SI with any other powersFed govt may sue state govtBankruptcyState officers may be sued (unless state treasury would be liable for retroactive damages– unless indemnification that’s ok Obstention- instances where fed court has jxd but does not exercise it   FEDERAL LEGISLATIVE POWERCongresss authority to actCongress may act only if express or implied authorityNo general federal police powerNecessary and proper clauseArticle 1 sec 8McCulloch v. Maryland- Congress may choose any means not prohibited by constitution to carry out lawful authority (bake sale)Taxing spending and commerce clause powersArt 1 sec 8- importantCongress may tax and spend for the general welfare- may create any tax to raise revenue and NFIB v. Civ.- Obamacare SCOTUS says individual mandate was exercise of taxing powerCommerce clauseRegulate commerce with foreign nations, among states37-95- broadly defined scope of authority95- US v. Lopez: gun-free school zone act- SCOTUS declare unconstitutional, exceeded scope, congress can act under clause:May regulate channels of interstate commercePlaces, highways, waterways, internetInstrumentalities, and persons/things in interstate commerceGibbons v Ogden- commerce refers to all forms of intercourse, goes across state lines- John Marshalls definitionSubstantial effectWickard- wheat, growing for family; upheld federal law and ruled against farmer, looking at all wheat that all farmers grew for home consumption, taken cumulatively, there was a substantial effect on pricesGonzalez v. Raich- marijuana for personal use- fed controlled substance act was upheld bc crop is bought and sold for interstate commerce, reducing that crop is interstate commerce, when looking cumulatively across country it has substantial effectMorrison- When it comes to non-economic activity, substantial effect cannot be looked at cumulatively (cant be based on cumulative impact)NFIB- Cant regulate inactivity (wasnt constitutional based on commerce power, congress was regulating inactivity)10th amendment- all powers not granted to US nor prohibited to states are reserved to states and people respectively Limit on federal powersCongress cannot compel state legislative or regulatory activityNY v. US-  radioactive waste disposal actCongress was comandeering the statesPrince v. US- comandeering= forcing states to have lawssStrings on grantsClearly statedRelated to purpose of programNot unduly coerciveNFIB- states are so dependent on medicaid money that it was coerciveCongress may prohibit harmful commercial activity by state governmentsCongresss power under sec 5 of 14th amendmentCant create new rights or expand scope of rightsLegislate or prevent violation of rights already recognized by courtsLaws must be proportionate and congruent (narrowly tailored) to prove constitutional violationsDELEGATION of powerNon-delegation doctrine- congress could not delegate in excess of legislative powerLegislative vetoes and line-item vetoes are ALWAYS unconstitutionalFor congress to act must be: Bicameralism (passage by both houses), and presentment (signed by president)Legislative veto is where they try to overturn an action without one of aboveLine-item- veto part of bill while signing rest into law; must sign whole bill or veto whole billCongress cannot delegate power to itself or officers FEDERAL EXECUTIVE POWERArticle two- powers of presidentForeign PolicyTreaties- negotiated by president and effective when ratified by senateState laws that conflict with treaties are invalid- treaty w canada of Conflict with treaty and federal statute the one adopted last in time controlsTreaties are unconstitutional if they violate the constitutionExecutive AgreementsAgreement between foreign country and US negotiated by Pres and effective when signed by No Senate approvalMay be used for any purposeExecutive Agreements prevail over conflicting state laws, but never over federal laws or const.President has broad powers as Commander in Chief to use American troops in foreign countriesNever been declared unconstitutionalDomestic AffairsAppointment and Removal PowerWho possesses? President appoints ambassadors, federal judges, and officers of the united states; senate must approve nomination (but Pres has sole power to appoint)Congress may vest appointment of inferior officers in President, heads of departments, or lower federal courtsDistinction not clearly defined- inferior officer can be fired by an office of the U.S. (AG may fire US attorneys, inferior officers)Congress cannot give appointment power to itself or its officersGiving itself an executive powerPresident may not make recess appointments for intrasession recesses less than 10 daysNLRB- recess between holidaysRemoval PowerUnless limited by a federal statute, President may remove any executive branch officialBut Congress by statute may limit removal if both of two requirements are metMust be an office where independence of the President is desirable (independent counsel) vs Congress cant limit removal of cabinetStatute must not prohibit removal- it can limit removal to where theres good causeMost they can do is say removal is allowed only if good cause is shownPresident has immunity to civil suits for money damages for anything done while in officeNixon v. FitzgeraldDont have immunity for acts that allegedly occurred prior to taking officeClinton v. Jones- immunity exists at exercise of discretion while in officeExecutive privilege protects presidential papers and convos but must yield when there is an overriding needUS v. Nixon- Watergate- this power is not absolute, privilege must yirld when overriding need for info, need for info in criminal trial outweighs privilege  INTERGOVT ACTIONS PreemptionArticle 6- Supremacy Clause: state or local law is deemed preempted if there is a conflictWays:Express: Federal statute explicitly says federal law is exclusive in a field, then state and local laws are preemptedImplied: (1) if federal law and state law are mutually exclusive (conflicts preemption- not possible to simultaneously comply with fed and state- maple syrup bottles) but states can set stricter laws than fed laws, (2) state or local law impedes the achievement of a federal objective (object preemption),  (3) if congress evidences a clear intent to preempt state/local laws then they are preempted (immigration law)States cannot tax or regulate federal government activity McCullogh v. Maryland- power to tax is power to destroy; unconstitutional to pay a state tax out of the federal treasury `Dormant Commerce Clause & Privileges/Immunities Clause – Article 4When do state/local laws violateDefinitionsDormant Commerce Clause- principle that state and local laws are unconstitutional if they place an undue burden on interstate commerceLimit on what state and local governments can do– who is the actor in question (if it’s a challenge to something state/local govt has done)Privileges and Immunities Clause of Article 4- no state may deprive citizens of other states of privileges and immunities it gives its own citizensAnti-discrimination provision to out-of-state citizens; limits Privileges or Immunities Clause of 14th Amendment- used only by SCOTUS to protect right to interstate travelProtect people of their own state governmentsProtect right to travelDoes state or local law discriminate against out of state citizensOr does it treat in state and out of state alikeWhat If it does not discriminate?Privilege/immunities of article 4 does not applyIf law puts a burden on interstate commerce, it violates the dormant commerce clause if burden outweighs benefits in lawIllinois law required curved mudflaps- did not discriminate but still unconstitutional because burden on drivers, would have to avoid state or change flapsAnalysis When it Does DiscriminateIf law puts burden on interstate commerce, it violates dormant commerce clause unless its necessary to achieve a very important govt purposeState govt must show there is a very important interest served (like strict scrutiny)Law is necessary to achieve that objective, no less discriminatory alternative can achieve its objectiveExceptions to Dormant CC:Congressional Approval- if congress has approved state law, its then permissible even if it violates dormant CC (because Commerce power is no longer dormant)Market Participant Exception- state govt may favor its own citizens in receiving benefits from govt programs or in dealing with govt owned businessesUniversity of CA can charge less in tuition to in-state residents and more to out of state; allowed because  university is a govt benefit program, residents have been paying taxes, reward themState of SD owned and operated cement factory, charged less to in state; upheld SD law bc govt owned and operated business, govt was literally the market participantPrivileges/Immunities ClauseState govt violates clause when discriminating against out of state to earn living unlessRequirementsMust be discrimination against out of state citizensDiscrimination must be with regard to fundamental rights or ability to earn ones livelihood (although fundamental usually is 1st am.)VA public records act- no fundamental right of access to public recordsEarn living- fishing license- out of state $2500, in state $25 BUT compare to elk hunting case is a HOBBYCorporations and aliens cannot provoke this provisionIf P is a corporation, challenging state or local law DO NOT USE P/I CLAUSE USE ONLY DORMANT CCOnly if used to achieve substantial govt interestSTART:Discriminates out of state?State/Local Taxation on Interstate CommerceStates may not use their tax systems to help in state businesses at the expense of out of state businesses (tax credit for only purchasing ethanol in state; smaller tax for purchasing dairy in state)State may only tax activities that are of substantial connection to that stateState taxation of interstate companies must be fairly apportionedFull Faith and CreditCourt thats in one state must enforce judgment of another state so long as all 3 are met:Court that issued judgment must have had both personal jurisdiction and SMJJudgment must be on meritsJudgment must be final