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Constitutional Law Bar Mini Outline

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This is an extract of our Constitutional Law Bar Mini document, which we sell as part of our Constitutional Law - Bar Exam Outlines collection written by the top tier of Thomas Jefferson School Of Law students.

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CON LAW MINI Requirement for Cases & Controversies (RAMPSE)

1. Ripeness - Avoiding Pre-mature litigation - (1) Hardship (2) Fitness of issues and record

2. Abstention - Fed may not enjoin a pending state court proceeding unless harassment or bad faith. Fed will temporarily abstain from resolving a constitutional claim when there are unsettledQ's of state law

3. Mootness - A live controversy must exist at ALL stages of litigation. a. Exceptions (1) Capable of repetition evading review (2) Voluntary cessation (3) Class Actions

4. Political Question - Federal Courts will NOT adjudicate political questions that have constitutionally committed to another branch or inherently incapable of judicial resolution. a. (1) Republican form of gov't (2) Foreign Policy (3) Impeachment (4) Partisan Gerrymandering

5. Standing - (1) Concrete injury in fact, (2) Causation (3) Redressibility a. Third Party Standing - (1) Special Relationship (2) Unlikely to assert his own rights (3) Organization - (1) Members have standing (2) Germane (3) Participation not required b. No taxpayer suits - Exception: spending power violations of establishment clause

6. Eleventh Amendment - Prevents Federal AND State courts from hearing suits involving citizens suing their own state or another state government. a. Exceptions - (1) Waiver (2) P is Fed or State (3) Against Local Gov't (4) Bankruptcy (5) State Official for injunctive relief or personal money damages. Supreme Court Review

1. Original Jurisdiction - Over suits between state governments, ambassadors or public ministers.

2. Writ of Certiorari - SC has discretion to grant. All cases from State Courts and Fed Court of Appeals are by Writ of Certiorari. SC must hear appeal from a 3 judge federal district court.

3. Final Judgment - Only hear cases after final judgment of highest state court or Fed Court of Appeals

4. State Law - Must have substantial Fed Q. If adequate and independent State law grounds SC won't hear CONGRESS'S Authority to Act - Power must be based on an Express or Implied power

1. Police Power - MILD - Military Bases, Indian Reservations, Federal Lands, District of Columbia

2. Necessary and Proper Clause - Congress may make all laws necessary and proper (appropriate) for executing ANY power granted to ANY branch of the federal government. (Can't stand alone)

3. Taxing and Spending Power - Congress may tax and spend for the general welfare a. Spending - May spend for any public purpose and put conditions that rationally relate to that purpose. Taxing - Must raise some revenue

4. Commerce Clause - (1) Channels of IC (2) Instrumentalities and Person or Things in IC and (3) activities that have a Substantial Effect on IC. a. Intrastate Activity - Can regulate if it is an economic activity that has a cumulative effect on IC.

5. War and Treaty Powers - Power to declare war, raise and support army, remedy affects of war.

6. Power to Coin Money - Plenary power to coin money and fix weights and measures.

7. Power Over Citizenship - Plenary power to establish uniform rules of naturalization for aliens

8. Fourteenth Amendment, Section 5 - May NOT create new rights or expand the scope of rights but may act only to prevent or remedy violations of rights recognized by the courts.

9. Tenth Amendment - Cannot Commandeer states to legislate per fed standards or to enforce fed law.

10. Delegation of Powers - May delegate powers if intelligible standards and not uniquely confined in them a. Legislative Vetoes are unconstitutional. Must use Bicameralism and Presentment. EXECUTIVE Power 1

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