Constitutional Law-Bar Exam

1) standing
2) ripeness
3) not moot
4) not a political question

Determines whether the P is the proper party to bring a matter to the court for adjudication.
Plaintiff must allege:
1) Injury--that he has personally suffered, if seeking injunctive/declaratory relief must show a likelihood of future harm,
2) Causation--The P must allege and prove the D caused the injury so that a favorable court decision is likely to remedy the injury.
3) No third party standing--UNLESS: there is a close relationship, if injured party unlikely to assert his/her own rights, and organziation can sue for its members, IF a) the members would have standing to sue; b) the interests are germane to the organization's purpose; c) neither th claim nor relief requries participation of individual members.
4) No Generalized grievances--P must not be suing solely as a citizen or as a taxpayer intereste din having the govenrment follow the law, UNLESS it is regarding expendeitures of money pursuant to federal (or state and local) statutes as violating the Establishment Clause.

The question of whether a federal court may grant pre-enforcement review of a statute or regulation. Court considers:
The hardship that will be suffered w/o pre-enforcement review and the fitness of the issues and the record for judicial review (i.e., if it is purely a question of law, ok to answer w/o a developed factual record).

If events after the filign of a lawsuit end the P's injury, the case must be dismissed as moot.
UNLESS, the wrong capable of repeition but evading review (example: Roe v. Wade, not pregnant by end of the case, but likely to arise in future), and voluntary cessation (if the D voluntarily halts the offending conduct, but is free to resume it at any time, the case will not be dismissed as moot), and class action suits.

The PQD refers to consitutional vilations that the federal courts will not adjudicate.
Commonly dismissed under this doctrine: 1) The "republican form fo government caluse" 2) Challenges to the President's conduct of foreign policy; 3) challeges to the impeachment and removal process; 4) challenges to partisan gerrymandering.

Discretionary review: All cases from state courts to SCOTUS via writ of cert (usually need a final judgment of the highest state court), all cases from US court of appeals via writ of cert.
Mandatory: decisions of a three-judge federal district court.
Original and exclusive jurisdiction: for suits between state governments.

There must not be an independent and adequate state law ground of decision. If a state court rests on TWO grounds, one state law and one federal law, if the SCOTUS's reversal of the federal law ground will not change the result in the case, SCOTUS CANNOT hear it.

NOT allowed! This is the principle of sovereign immunity. The 11th amendment bars suits against states in federal court. Sovereign immunity bars suits against states in state courts or federal agencies. There are exceptions:
1) Waiver of sovereign immunity is allowed (must be explicit!)
2) States may be sued pursuant to federal laws adopted under section 5 o the 14th Amendment. Congress cannot authorize suits against states under other constitutional provisions.
3) the federal government may sue state governments
4) bankruptcy proceedings.

These are allowed (i.e., not barred by sovereignty immunity). State officers may be suied for injunctive releift, for money dmagaes to be paid out of their own pockets, but may NOT be suiedif it is the state treasury that will be paying retroactive damages.

Federal courts may not enjoin pending state court proceedings.

There must be express or implied Congressional power (i.e., no general federal police power).
The necessary and proper clause--Congress may adopt all laws "necessary and proper" to carry out constitutional authority.
Taxing/spending power--Congress may tax and spend for the general welfare.
Commer Power--Congress may regulate the channels of IC, Congress may regulate the instrumentalities of IC and peersons or things in IC (phone, internet, etc)., Congress may regulate economic activities tha have a substantial effect on IC (in the area of non-economic activity, a substantial effect cannot be based on cumulative impact).

Military, Indian reservations, (federal) Lands and territories, and D.C.

States that ll powers not granted to the U.S., nor prohibited to the staes, are reserved to the states or the people.
Congress cannot compel state regulatory or legislative action--BUT Congress can induce state government action by putting strings on greants, so long as the conditions are expressly stated and relate to the purpose of the spending program. But cannot be unduly coerceive.

Congress may not create new rights or expand the scope of rights. Congress may act only to prevent or remedy violations of rights recognized by the courts and such laws must be "proprotionate" and "congruent" to remedying constitutional violations.

No limits on Congress' ability to delegate legislative power.
Legislative vetos (when congress tries to voertun executive action w/o bicameralis and presentment) are unconstitutiona. For Congress to act, there must always be bicameralism and presentment (giving the bil to the Prez).
The Prez msut sign of veto the bill in its entiretiy, i.e, no lineitem vetos.