con law outline july 2016

CONSTITUTIONAL LAW OUTLINE JULY 2016

I. POWERS OF THE FEDERAL GOVERNMENTA. Separation of Powers

1. Gov’t powers are separated among the branches of gov’t; prohibits legislature from interfering w/ courts’ final judgments

B. Power of Judicial Review1. No Advisory Opinions

a) Federal courts won’t make decisions in moot cases, collusive suits, or cases involving challenges to legislation/policy when no injury is involvedb) BUT federal courts can hear actions for declaratory relief. P must show:

(i) They’ve engaged in conduct and(ii) Challenged action poses a real and immediate danger to their interests

2. Ripenessa) P must show he has been harmed or there is immediate threat of harm

3. Mootnessa) A real, live controversy must exist at all stages of review, not just when complaint is filedb) Exception Capable of Repetition But Evading Review

(i) When there is reasonable expectation that P will be subjected to same action again and would be unable to resolve issue b/c of short duration of action—this issue won’t be moot(ii) Ex: events of short duration (pregnancy, elections, divorce)

4. Standinga) Components injury, causation, redressability

(i) Injury—P must assert specific injury from a gov’t action(ii) Causation—must be causal connection between conduct and injury(iii) Redressability—would a ruling favorable to P eliminate the harm to him?

b) Common Standing Issues(i) Standing to Assert Rights of Others P can assert 3rd party rights when he has suffered injury AND:

3rd party finds it difficult to assert own rights P’s injury adversely affects his relationship w/ 3rd parties

II.A.

III.