Justiability
Constitutional and prudential requirements for STANDING
Constitutional Requirements
1. Injury in fact: concrete, distinct, palpable, non-hypothetical, individualized
2. Causation: Traceable to D's actions
3. Redressability: Injury likely to be solved by relief requested
Prudential Requirements
4. Cannot raise another person's legal rights
5. May not raise generalized grievances
EXECUTIVE PRIVILEGE
No absolute privilege
Qualified executive privilege exists to ensure candid advice, subject to balance of interests
- Stronger if it involves military, diplomacy, or national security concerns
- Stronger if raised in civil case or congressional proceeding, rather than criminal
COMMERCE CLAUSE
(1) Channels of interstate commerce (Darby)
(2) Instrumentalities of interstate commerce (Shreveport Rate Cases)
(3) Intrastate activity that substantially affects interstate commerce
- Economic: the state has a rational basis to conclude the activity, in the aggregate, will substantially affect interstate commerce (weed/wheat) (likely to be upheld)
- Noneconomic: do not consider the activity in the aggregate; likely invalid unless there is a jurisdictional element connecting the activity to IC
Two different approaches for determining whether an officer is principal or inferior?
Morrison approach: Does not need to be subordinate to be inferior; limited in duties, tenure, and jurisdiction
Edmon approach: An inferior officer is someone directed and supervised by a principal officer who was appointed by President and approved by Senate
FEDERALISM
Relationship between federal and state government -> Federal govt has enumerated powers; State has residual powers
(1) 10th Amendment
(2) Necessity and Proper Clause
(3) Supremacy Clause
(4) Legislative power vested in Congress
TEST FOR RIPENESS
(1) Fitness for review: Still contingent or sufficiently developed to arrive at resolution -> (purely legal Q; inevitability)
(2) Hardships to party if the case is not decided
SUBPOENAING PRESIDENT
Official Conduct: No absolute immunity
- Qualified privilege = Balance need for candor/candid advice against need for information
Private Conduct: No absolute immunity
- Fed or state: crim and civil matters
- Congressional sub: Mazars balancing test
TAXING/SPENDING
(1) In pursuit of the general welfare;
(2) Conditions can't be ambiguous
- Cannot be too coercive: states must have a choice
- Cannot violate other constitutional rights
(3) Conditions are related to the purpose of the spending program
Mazars factors
(1) Is the information for potential legislation?
(2) Is the information available from another source?
(3) Is the subpoena as narrow and specific as possible
(4) Consider burdens on President
FORMALISM V. FUNCTIONALISM
Formalist: Focus on text and prior decisions; bright-line rules
Functionalist: Flexible + focus on purpose of the provision; practical needs
Controversy can't be what? ...Unless?
Must present a live controversy at all stages of litigation
Exceptions:
- Capable of repetition for this P, yet evading review
- Voluntary cessation
- Class action suit
- Collateral legal consequences
TREATIES V. EXECUTIVE AGREEMENT
Treaties = President has exclusive power to negotiate; senate may ratify with 2/3 vote
- Non self-executing v. self-executing
Executive Agreement = Made by President; can cover same topics as treaties without violating the Constitution
- Secondary to treaties
If Congress has acted, state law cannot ...?
Turns on congressional intent:
(1) Express Preemption: Explicitly restrict state action
- Narrow interpretation
- Savings Clause
(2) Implied Preemption
(a) Conflicts: Impossible to comply with both federal and state law
(b) Impedes Federal Objective
(c) Federal Govt Occupies the Field
When can the President make recess appointments?
(a) During inter-session recesses;
(b) During intra-session recesses of at least 10 days; or
(c) For vacancies that occur prior to or during recess
SEPARATION OF POWERS
Framework of our govt; checks and balances of fed power
Federal court can't do what?
- No actual suit
- Court's decision subject to approval/overrule from another branch
Presidential Immunity from Criminal Convictions
Robert's Framework from Trump v. US
(a) Absolute immunity for official acts: core functions (orders to DOJ)
(b) Presumptive immunity for acts within outer bounds of core function
- Test: Rebuttable only if there is no concern of impeding on functions of Executive
- No answer but guidance: Immunity for communications with cabinet members
(c) No immunity for unofficial acts
- When determining whether or not official conduct, do not inquire into the motives
DORMANT COMMERCE CLAUSE
Discriminatory on its face or in its effect/purpose: Upheld if there is a substantial state interest and there is no other non-discriminatory alternative (presumed invalid)
Non-Discriminatory: Pike Test -> Invalidated only if the burden on interstate commerce outweighs any government benefit
Exception: (1) Congressional approval; (2) market place exception; or (3) Traditional govt functions
Problems with the interpretation of Slaughter-House
Textually: The Drafters of the 14th Amendment explicitly said this was meant to include BOR
- Drafter knew about privileges and immunities: already been interpreted by the Courts
- Supremacy Clause: If state violated federal right, its a violation of the Supremacy Clause
THEORIES
Brutus
Hamilton
Bickel
Ely
POLITICAL QUESTION DOCTRINE
(1) Textual commitment to other branch
(2) No judicially manageable standards for decision
(3) Question of political discretion
(4) Lack of respect for other branch
(5) Unusual need to adhere to decision already made
(6) Embarrassment to govt from multiple answers
Detention/Military Tribunals
Can detain citizen enemy combatants captured abroad for duration of relevant conflict
- Have due process rights to notice, factual hearing, and neutral decision-maker ->Can tailor procedures to reduce burden on military
Detained enemy combatants access to habeas corpus depends on 3 factors:
(1) Citizenship + status of detainee/adequacy of process to determine their status
(2) Nature of sites where apprehended and detained; and
(3) Practical obstacles inherent in resolving prisoner's entitlement to writ
PRIVILEGES & IMMUNITIES
(1) Has the state discriminated against out-of-staters with regards to privileges and immunities that it accords its own citizens
- Constitutional rights or economic activities: jobs
(2) Were means adopted substantially related (necessary/reasonable) to achieving that substantial state/local interest + the least restrictive means?
3rd Amendment: Right against quartering soldiers in home
5th Amendment: Right to grand jury indictment in criminal case
7th Amendment: Right to jury trial in civil cases
UNITARY EXECUTIVE THEORY
So many things