Standing Practice
In a domestic dispute, Maureen shoot Bill. Bill survives and sues Maureen for his injuries.
Standing, yes Bill’s personal injury
In response to a civil war in the country of Genovia, a group of Genovian separatists in the eastern half of the country have announced the region’s independence and have declared themselves to be a new nation-state named Maldonia. In response, Congress enacts a statute – after overriding a presidential veto, declaring that Maldonia is not a nation-state recognized by the United States. Shortly after the law is enacted, the President holds a press conference recognizing Maldonia as a nation-state. Are the President’s actions illegal?
No, because the President’s actions fall within the scope of the President’s exclusive powers under Article II.
What can commerce regulate?
channels of interstate commerce, instrumentalities of interstate commerce, and activities that have a “substantial affect” on interstate commerce
Name at least 2 or more clauses that provide judiciary review
Article 3 section 2 provides judiciary review, supremacy clause, vesting clause, oath clause
You represent an investment
bank. Congress enacts a law
granting the Supreme Court original
jurisdiction over suits involving $50
million or more in damages brought
by individuals alleging violations of
federal securities regulations. Advise
your client on whether the law is
constitutional.
Congress cannot create a statute that opens up original jurisdiction, they can only legislate appellate jurisdiction, can create statutes to expand; that is the point of Marbury v. Madison
Art III^^^
Congress enacts legislation requiring all states, municipalities, and businesses to remove particulates from the exhaust produced by power plant generators. The law also provides that any citizen can sue to enforce this law. Harold Hill, a citizen of Iowa, sues the Pennsylvania Power Company, a private company, for failure to comply with the law. Hill is not a customer of Pennsylvania Power Company, nor is Hill affected in his home and work in Iowa by Pennsylvania Power Company’s emission of particulates, all of which are carried east and north by prevailing winds.
No standing, lack of injury-in fact, lives in wrong state, not impacted by it
Congress enacts a law establishing a new federal agency to adopt and enforce cyberspace regulations run by a five-member commission. Each of the five commissioners is appointed by the President for a single nine-year term and can only be removed by the President upon a showing of “good cause.” A court reviewing the removal provision will likely hold that the law is:
Constitutional, because in certain situations, Congress can impose “good cause” restrictions on the President’s removal power.
In the case United States v. Lopez where a man was caught with a gun on a school campus was charged in violation of gun-free school zones of 1990, what did the court hold?
The mere carrying of handguns (not the buying or selling) in a school zone in no way affects commerce, either substantially or otherwise, finding the act unconstitutional,
Congress may not, under its Commerce Clause powers, pass a law that prohibits the possession of a gun near a school.
What case stated that the mandate that was enacted compelled people to become active in commerce and congress cannot regulate economic inactivity.
National Federation of Independent Business v. Sebelius
CONGRESS ENACTS A
LAW PROHIBITING THE
EMPLOYMENT OF PERSONS
UNDER THE AGE OF 10.
VIOLATORS ARE SUBJECT TO
6 MONTHS IN JAIL AND/OR A
$10,000 FINE. YOUR CLIENT
ASKS YOU WHETHER
CONGRESS CAN ENACT THIS
LAW USING ITS POWER TO
TAX. WHAT DO YOU SAY?
No, taxes don’t regulate behavior penalties do, laws structured like this can’t be under tax power. 6 months in jail
The federal Environmental Protection Agency has adopted a set of regulations designed to reduce air pollution by certain manufacturers by 90 percent in accordance with a federal statute that set the benchmark but delegated to the agency the power to determine how to achieve the goal. Daisy Dogooder, an environmental activist, files suit in federal court to force the EPA to adopt stronger regulations based solely on evidence that the specific technologies required by the regulations will not achieve the goal.
Not a particularized injury, only hurt by being an environmental activist
Prior to taking office, President Bartlett sold his private home to Josh Lyman. After taking office, Lyman filed a civil lawsuit asserting that the President had defrauded him by making material misrepresentations about the property. Lyman serves President Bartlett with a subpoena to depose him. Bartlett responds that the subpoena is invalid because he is immune from civil lawsuits during his presidential term. A court reviewing Bartlett’s claim of immunity will likely:
Reject the immunity claim, because the Constitution does not entitle the President to a postponement of the case.
Case that held that Congress has the authority to regulate labor disputes that have a close relationship to interstate commerce.
N.L.R.B. v. Jones & Laughlin Steel Corp. (1937)
In class, the professor has stated multiple times that "________ is a truism." What is missing from this phrase?
10th amendment
After a Supreme Court case holding that
a police officer’s failure to take action in
response to a report of domestic abuse
does not violate the 14th Amendment’s Due
Process Clause, Congress uses its Section
5 power to create a civil cause of action
allowing individuals to obtain money
damages from police departments who fail
to take reasonable actions in response to
reports of domestic abuse. You are general
counsel to a police department that is
considering filing a constitutional challenge
to the law. Explain to your client whether the
challenge is likely to succeed.
Morrison tells us who congress can regulate under 14th, can’t regulate private actors
Therefore, challenge will succeed
Congress enacts the Federal Toxic Waste Act, which requires all businesses engaged in interstate commerce to ship toxic waste to a specialized disposal facility. Burns Inc. violates the law by shipping its radioactive toxic waste to a general waste disposal facility. Will Worker is an employee at the general waste facility. After experiencing health problems related to radiation exposure, Will files suit against Burns Inc.
Standing, Personal and particularized injury, causation, redressable, yes
Congress enacts the Chinese Trade Act, giving the Department of Commerce the power to set “reasonable” export tariff rates with China. Rally Corp, a company that does a significant import-export business with China, challenges the constitutionality of Congress’ decision to allow the executive branch to set tariffs. A reviewing judge will likely hold the Act:
Constitutional, because Congress has articulated an intelligible principle that will guide the President’s discretionary authority.
What do you need to know about the aggregate?
Congress may regulate local activity if that activity in the aggregate would exert a substantial economic effect on interstate commerce
When do you use the Congruence and Proportionality Test? Extra bonus points if you know the steps
When you have a 14th Amendment Section 5 violation, when Congress is regulating private individuals or redefining substantive rights under Section 1
THREE “RED FLAG”
AREAS WHERE
POLITICAL QUESTION
DOCTRINE MIGHT ARISE
Sarah Sutton likes wilderness camping. The federal Department of the Interior’s Bureau of Land Management has just announced it will open leasing for oil exploration in the River Plain Buffalo Wilderness. Sarah sues to stop the government from allowing oil leases in the relatively pristine wilderness. Sarah has camped in the River Plain Buffalo Wilderness in the past, as recently as last summer. She intends to return there eventually, but she has other places she intends to visit first.
oil exploration happens, no clear plans to go back, This is Lujan, no standing
Under the Educational Reform Act, Congress can reverse any regulation issued by the federal Department of Education upon a majority vote of both houses of Congress. A court reviewing the constitutionality of the law will likely hold that the law is:
Unconstitutional, because the Act fails to satisfy Article I’s bicameralism requirement.
When does the Dormant Commerce Clause Apply?
When a state or local government interferes with interstate commerce AND WHEN CONGRESS IS SILENT
If Congress sets out conditional spending, what are the requirements?