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- In order to have standing, the plaintiff must show that has or will be directly and personally injured as a result of allegedly unlawful government action.
- The plaintiff must also show that their grievance can be redressed by a decision in their favor.
- An organization has standing if
- - there is an injury to its members,
- - the injury is related to the organization’s purpose,
- - and individual member participation in the lawsuit is not required.
A taxpayer generally has no standing to challenge government expenditures.
A statute or regulation is not entitled to review prior to enforcement unless plaintiff will suffer some harm or immediate threat of harm.
- A case is moot unless a real controversy exists at all stages of review.
- The mootness requirement is not required for
- - matters capable of repetition,
- - voluntary cessation by the defendant,
- - and class actions with viable claims by at least some class members.
Necessary and Proper Clause
Congress has the power to make all laws necessary and proper to carry out the power vested in the federal government.
Spending and Taxing Power
Congress has the power to tax and spend for the general welfare and common defense.
Congress may regulate
- - channels
- - and instrumentalities of interstate commerce
- - as well as economic activities that have a substantial effect on interstate commerce.
Congress’s Delegation of Powers
The president has absolute immunity from civil suits for money damages for actions while in office. However, the President does not have immunity for actions that occurred prior to taking office.
Presidential Domestic Power
Presidential Power over military
As commander in chief of the Army, the President may act militarily in actual hostilities against the US without congressional declaration of war.
Presidential Power in Foreign Affairs
- The president has power to conduct foreign relations.
- Executive agreements between President and the head of a foreign country can be used for treaty purposes and do not require the consent of the Senate. Such agreements cannot conflict with federal laws.
Market Participant Exception to Dormant Commerce Clause
However, a state or local government may give preference to its own citizens in providing government benefit programs or when dealing with government owned-businesses.
Privileges and Immunities Clause
- What is a taking?
- Temporary denial ?
- Level of Scrutiny ?
The government may take private property for public use if it acts out of reasonable belief that the taking will benefit the public provides just compensation in the form of reasonable market value.
The contract clause prohibits state and local laws from substantially impairing a party’s right under an existing contract unless the law is reasonably and narrowly tailored to promote an important and legitimate public interest.
- Pre vs Post viability
- Notice / Consent
- Waiting period
- Partial birth ban
Prior to viability, states may not prohibit abortions or impose an undue burden on the ability to obtain abortions.
- After viability, states may prohibit abortions unless necessary to protect the woman’s life or health.
- Prohibition of partial birth abortions – OK
- 24 Hr Waiting period – OK
- Licensed physician requirement – OK
- Spousal Consent / notification – OK
States may require parental notification or consent for unmarried minors so long as there is an alternative procedure of approval by a judge who finds that an abortion is in the minor’s best interests or that she is mature enough to decide for herself.