Federal Redressability Doctrines

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PART I. THE FEDERAL JUDICIAL POWER I. Justiciability Doctrines- To hear a dispute federal courts must be presented with a case or controversy with adversary parties and a fight in progress - 4 Justiciability Doctrines Standing, Ripeness, Mootness, Political Question - Standing o 4 Elements § Injury § Causation/Redressability § No 3rd party standing § No generalized grievances o Injury- P must present only personally suffered injuries. § Sierra- not good b/c didn’t show members used the portion of the land. § P must show likelihood of future harm- Cokehold can’t show o Causation and Redressability- Fed ct decision has to be likely to remedy injury § Cts cannot issue advisory opinions the ruling must have effect. § Best way…show more content…
- E. REMOVAL, IMPEACHMENT AND LIABILITY o 1. REMOVAL All officers can be removed for high crimes and misdemeanors, (no legal definition) § A. House can impeach and will issue a bill of impeachment accusing senior officers of high crimes and misdemeanors. § B. Impeachmentà doesnt remove from office. Just directs to next stage. § C. After impeachment in the house, the senate holds a trial only if the senate convicts by a 2/3 vote is the person removed. o 2. IMPEACHMENT: if pres ngaged in criminal conduct/civil rights violations o 3. LIABILITY: President has absolute immunity against suits for damages for acts done by the president in the course of his official duties. § a. May be sued when hes no longer president. § b. Has no immunity for acts that occurred prior to becoming president and can be sued while in office. PART IV. FEDERALISM I. THE SUPREMACY CLAUSE Article IV Valid federal law overrides inconsistent state law. o Includes constitution, statutes, treaties, admin rules etc. - Establishes that constitution, laws, and treaties of the US are the supreme law of the…show more content…
§ B. Gag orders on the press to prevent prejudicial pretrial publicity are not allowed no matter how sensational the crime. § C. The state can require PERMITS for speech activity if: · i. guidelines must be clear · ii. Must be laid out in advance. · iii. They cannot give discretion to executive officials o 5. RIGHT NOT TO SPEAK- State cannot compel an individual to speak o 6. ELECTORAL PROCESSES: § a. Campaign contributions can be restricted- (limit today is $2300) § b. Independent expenditures cannot be restricted – Can spend own $. o 7. SPEECH BY GOVERNMENT EMPLOYEES § a. GENERAL: govt employees have free speech rights and cannot be hired/fired based on political party or philosophy or any act of expression. § B. 4 EXCEPTIONS: · i. A government employer can fire someone for their speech. · ii. The Hatch Act- Prohibits public employees from speaking re: political campaigns (original to stop from forced electioneering) · iii. Failure to perform one’s job can be basis for firing. · iv. Policy making officials/confid advisors: nospeech protection o President can appoint members of one party and fire advis. o 8. THERES A FIRST AMENDMENT RIGHT TO ANONYMOUS
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