Constitutional Law

Constitutional law flashcards for law school final covering the structure of the Consitution.

92 cards   |   Total Attempts: 188
  

Cards In This Set

Front Back
Marbury v. Madison
Established judicial reviewSupremacy of the Constitution is establishedLays out court interpretation of Article 3-Con. outlines cases where SC has original jxn-SC has original and appellate jxn
Ex Parte McCardle
Congress can repeal SC's jxn in certain instances (ie if authority isn't given specifically by the Con.)
United States v. Klein
Even though Congress can take away appellate jxn, it cannot direct the verdict of a case
Plaut v. Spendthrift
Congress can change the substantive law that applies but cannot tell court how to interpret evidence
Advisory opinions
Court cannot issue advisory opinions./Can only rule on actual cases
Constitutional standing requirements
1. Injury2. stemming from the D's conduct (causation)3. favorable opinion would alleviate the injury (redressability)
Prudential standing requirements
1. generally a party can only assert his or her own rights and not rights for a 3 party2. Tax-payers cannot sue for a grievance that is common to all taxpayers
Allen v. Wright
Failure to meet Constitutional standing in racial school case because did not show harm to their children directly by the defendant.
Massachusetts v. EPA
3 standing requirements are easier met by a state than by an individual
Singleton v. Wuff
Third party standing allowed sometimes.2 requirements:1. closeness of relationship between the P and the third party2. likelihood that person could not sue on their own behalf
Elk Grove Unified School District v. Newdow
Third party standing denied because it would interfere in domestic relations.
United States v. Richardson
No standing for general grievances.Guy wanted disclosure of CIA spending as a tax-payer.
Flast v. Cohen
An exception to the general grievances rule is given when the case involves the establishment clause of the first amendment.
Hein v. Freedom from Religion Foundation
Not allowed to sue as taxpayer for an establishment clause case when the money is executive discretionary funding.
Ripeness doctrine
P must allege actual harm or imminent harm that is happening now or in cases challenging government action must show that the government action that is being challenged is final.