Please enable JavaScript.

Coggle requires JavaScript to display documents.

Constitutional Law (Justiciability (Standing to bring lawsuit - for each…

- - - - Distinct and palpable injury - no generalized grievances but legally cognizable injury
        
        not taxpayer or legislator; but can be legislature
        
        Must be claimant's personal rights (class protected); or else Jus Terri standing --> important rights; special relationship; or association standing (on behalf of members if germane to Association's purpose
    - - Remediable by the court? - if can't becomes advisory
    - - Resulting from ∆s action - causal nexus btw. ∆s illegal action and πs injury
  - - - does that branch also have discretion (final decision making authority)? If so, then not nonjusiticiable political question so any court opinion will only be advisory; if no power, then justiciable even if political or otherwise involves a political branch
- - - - using historical sources; British practices
  - - - Anglo-american traditions; natural law; foreign law
- - - - Incorporated rights are fundamental rights so use same test for DP "liberty" rights - "is right deeply rooted in this nation's history and tradition" - our society and our system of gov't
      - Douglas - 9th amd. penumbra approach is dead! (used in Griswold but no more)
      - Kennedy - Footnote 6
- - - - Congressional findings - not sufficient by itself
      - Jurisdictional element
      - Economic activity
    - - If law exceeds' Congress' commerce power, then UNCONSTITUTIONAL BECAUSE EXCEEDS CONGRESS' ENUMERATED POWERS, THEREBY INVADING RESERVED POWERS OF THE STATES
  - - - Discrimination on IC - residents vs. non-residents of a state
        
        test: legitimate purpose for law, and law must be reasonably related to that purpose, and there must be no less restrictive means of achieving that purpose
        
        not discrimination but undue burden: balance state's legitmiate interest against burden it places on IC
    - - Congress authorizes the law; 2. state is a market participant
- - - - Ex. Treaties, circumvent commerce clause
- - - - Silence - Congress remains silent - unconstitutional for POTUS to act unless DIPLOMATIC/NAT'L SEC. CONCERNS --> ASK WHAT IS THE NEED TO RUSH VS. WHAT DAMAGE IS BEING DONE BY POTUS NOT GOING TO CONGRESS
      - DISAPPROVAL - Congress explicitly rejects POTUS power, and so POTUS only has Art. II powers
      - APPROVAL - Congress DELEGATES to POTUS