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100 > Con > Flashcards

Con Flashcards

1
Q

A CASE CAN GET TO THE SUP CT BY EITHER

A

ORIGINAL JX OR APPELLATE JX

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2
Q

ORIGINAL JX; CASE CAN GO DIRECTLY TO SUP CT

CONGRESS CANNOT …

A

ENLARGE OR RESTRICT THE ORIGINAL JX OF THE SUP CT

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3
Q

APPELLATE JX

CASE IS APPEALED UP TO SUP CT

A

CONGRESS MAY REGULATE SCOPE

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4
Q

CONGRESS ____ TELL SUP CT WHAT TO DO

A

CANNOT

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5
Q

MOOTNESS (PAST)

A

THE ISSUE HAS ALREADY BEEN RESOLVED

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6
Q

RIPENESS (FUTURE)

A

CASE IS NOT READY TO BE BROUGHT TO CT

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7
Q

STANDING

A

P HAS TO HAVE PERSONAL INJURY

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8
Q

CASE OR CONTROVERSY

A

ACTUAL DISPUTE

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9
Q

INDEPENDENT AND ADEQ STATE GROUND

A

A CASE RESOLVED ON INDEPENDENT AND ADEQ STATE GROUNDS WILL NOT GO TO SUP CT

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10
Q

POLITICAL QUESTIONS/JUSTICIABILITY

A

FED CTS WILL NOT HEAR CASES REGARDING LEGISLATIVE OR EXECUTIVE POWER

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11
Q

11TH AMENDMENT
CITIZENS OF ONE STATE CANNOT SUE ITS OWN OR ANOTHER STATE

EXCEPTIONS

A

CONSENT

GOV OFFICIAL MAY BE SUED

MUNICIPALITIES MAY B SUED

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12
Q

EXEC POWER

A

VETO

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13
Q

PRES APPOINTMENT POWER

A

POWER TO APPOINT AMBASSADORS JUDGES HEADS OF AGENCIES

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14
Q

JOINT APPOINTMENT POWER

A

CONGRESS MAY APPOINT MEMBERS WHEN THE AGENCY HAS NO REGULATORY OR RULEMAKING AUTHORITY

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15
Q

PRES PARDON POWER

A

ABSOLUTE POWER OF THE PRES

ONLY PARDON FED CRIMES

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16
Q

PRES CAN COMMAND TROOPS BUT CANNOT

A

DECLARE WAR

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17
Q

PRES TREATY POWER

A

PRES HAS THE POWER TO ENTER INTO TREATIES

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18
Q

IF TREATY AND FED LAW CONFLICT..

A

LAST IN TIME PREVAILS

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19
Q

EXECUTIVE ORDER

A

DOMESTIC

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20
Q

EXECUTIVE AGREEMENT

A

FOREIGN

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21
Q

CONSTITUTIONALITY OF EXECUTIVE ORDERS

A

CANNOT CONFLICT OR SUPERSEDE CONGRESS

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22
Q

CONGRESSIONAL TAXING POWER

A

TO RAISE REVENUE FOR THE GENERAL WELFARE

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23
Q

CONGRESSIONAL SPENDING POWER

A

FOR THE GENERAL WELFARE

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24
Q

COMMERCE CLAUSE

A

CONGRESS HAS BROAD POWER TO REGULATE COMMERCE

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25
Q

WAR POWER

A

CONGRESS CAN DECLARE WAR

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26
Q

FOREIGN AFFAIRS

A

CONGRESS HAS THE PRIMARY AUTHORITY

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27
Q

CONGRESSIONAL POWERS SUMMARY

A

TAX N SPEND
COMMERCE POWER
DECLARE WAR
FOREIGN AFFAIRS
ALIENS
COIN $
FEDERAL LAND

CONGRESS CAN DELEGATE POWERS

MUST INCLUDE GUIDELINES AND LIMITATIONS

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28
Q

NECESSARY AND PROPER CLAUSE

A

W/E IS NECESSARY AND PROPER TO ENACT ENUMERATED POWERS

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29
Q

SUPREMACY CLAUSE

A

IN A CONFLICT FEDERAL ALWAYS WINS

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30
Q

STATE LAW CAN BE MORE ___ THAN FEDERAL LAW

A

RESTRICTIVE

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31
Q

10TH AMENDMENT

A

STATES HAVE POLICE POWER
STATES CAN PASS LAWS FOR HEALTH SAFETY AND WELFARE

THERE IS NO FED POLICE POWER

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32
Q

COMMANDEER RULE

A

FED GOV CANNOT REQ A STATE TO DO ANYTHING

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33
Q

DORMANT COMMERCE CLAUSE

A

STATE LAW REGULATING BUSINESS CANNOT DISCRIMINATE AGAINST OUT OF STATE BUSINESS

34
Q

DORMANT CC - DISCRIMINATORY ON ITS FACE

A

STRICT SCRUTINY APPLIES (COMPELLING)

35
Q

DORMANT CC

DISCRIMINATORY EFFECT

A

INTERMEDIATE SCRUTINY APPLIES

BURDEN ON COMMERCE SHOULD NOT BE EXCESSIVE

36
Q

MARKET PARTICIPANT EXCEPTION

A

STATE CONTROLS ENTIRE INDUSTRY

STATE MAY DISCRIMINATE

37
Q

FULL FAITH AND CREDIT

A

JUDGMENT IN ONE STATE MUST BE GIVEN FULL FAITH AND CREDIT IN ANOTHER STATE

38
Q

FEDERAL IMMUNITY

A

STATES CANNOT SUE FED GOV

STATES CANNOT TAX FED GOV

STATES CAN TAX INDIVIDUALS

INDIVIDUAL CANNOT SUE UNLESS CONSENT

39
Q

STATE IMMUNITY

A

FED GOV AND STATES CAN SUE A STATE

FED GOV MAY NOT TAX A GOV ACTIVITY

FED GOV MAY TAX A PROPRIETARY BUSINESS

40
Q

EQUAL PROTECTION- GOV IS TREATING PPL

A

DIFFERENTLY

41
Q

STRICT SCRUTINY APPLIES TO

A

RACE ALIENAGE NATIONAL ORIGIN

42
Q

STRICT SCRUTINY- GOV HAS THE BURDEN TO SHOW THT

A

LAW IS NECESSARY TO ACHIEVE A COMPELLING INTEREST

43
Q

INTERMEDIATE SCRUTINY APPLIES TO

A

GENDER
ILLEGITIMACY

44
Q

INTERMEDIATE SCRUTINY TEST

A

GOV HAS THE BURDEN TO SHOW THAT THE LAW IS SUBSTANTIALLY RELATED TO AN IMPORTANT INTEREST

45
Q

RATIONAL BASIS APPLIES TO

A

EVERYONE ELSE

46
Q

RATIONAL BASIS

A

PLAINTIFF HAS THE BURDEN TO SHOW THAT THE LAW IS NOT RATIONALLY RELATED TO A LEGITIMATE INTEREST

47
Q

SUBSTANTIVE DUE PROCESS

A

GOV REGULATING A RIGHT FOR ALL PEOPLE

48
Q

FUNDAMENTAL RIGHT =

NON FUNDAMENTAL RIGHT=

A

SS

RATIONAL BASIS

49
Q

RIGHT TO VOTE

A

FUNDAMENTAL

50
Q

FREE SPEECH

A

FUNDAMENTAL

51
Q

INTERSTATE TRAVEL

A

FUNDAMENTAL

52
Q

PRIVACY RIGHTS

A

FUNDAMENTAL

53
Q

PROCEDURAL DUE PROCESS

A

PROP RIGHTS
GOV JOBS
LICENSES
PUBLIC BENEFITS

54
Q

EQUAL PROTECTION & DUE PROCESS

FED LAW =

STATE LAW=

A

5TH

14TH

55
Q

PRIVILEGES & IMMUNITIES

A

STATE PASSES LAW THAT TREATS NON RESIDENTS DIFFERENTLY

KEY: RESIIIIIIDENTTTTTT
NOT EP!!

56
Q

13TH AMENDMENT

A

BANS SLAVERY
PRIVATE INDIVIDUALS CANNOT RACIALLY DISCRIMINATE

(W/O STATE ACTION)

57
Q

15TH AMENDMENT

A

VOTING AND RACIAL DISCRIMINATION

58
Q

TAKINGS CLAUSE

A

1) GOV TAKING PRIVATE PROPERTY
2) FOR PUBLIC USE
3) W/JUST COMPENSATION

59
Q

INVERSE CONDEMNATION

A

DENIES YOU THE ECONOMIC BENEFIT OF THE LAND

VALUE LEFT IS WORTH NOTHING

60
Q

THE ESTABLISHMENT CLAUSE

A

GOV CANNOT PASS A LAW THT FORMALLY EST A RELIGION

61
Q

FREE EXERCISE CLAUSE

A

GOV MUST REMAIN NEUTRAL ON PRACTICE OF RELIGION

62
Q

A LAW NEUTRAL TO RELIGION WILL BE CONSTITUTIONAL EVEN IF

A

THE EFFECT PROHIBITS RELIGION

63
Q

CONTENT BASED REGULATION

A

GOV STOPS THE MESSAGE

TRIGGERS STRICT SCRUTINY

64
Q

CONTENT NEUTRAL REGULATION

A

TIME PLACE AND MANNER

65
Q

CONTENT NEUTRAL REGULATION

GENERALLY CONSTITUTIONAL IF

A

1) FURTHERS SIGNIFICANT GOV INTEREST

2) LEAVES OPEN ALT MEANS OF COMMUNICATION

(INTERMEDIATE)

66
Q

PUBLIC FORUM

A

STREET AND PARKS

MUST FURTHER SIGNIFICANT GOV INTEREST

LEAVE OPEN ALT MEANS OF COMMUNICATION

67
Q

NON PUBLIC FORUM

A

BILLBOARDS SIGNS AND BUSES

REASONABLY RELATED TO A LEGITIMATE GOV INTEREST

68
Q

OBSCENITY

A

A PRURIENT INTEREST IN SEX BY OBJ LOCAL COMMUNITY STANDARDS

DEPICTS SEX IN A PATENTLY OFFENSIVE MANNER

LACKS ANY SRS LITERARY ARTISTIC POLITICAL OR SCIENTIFIC VALUE

69
Q

CLEAR AND PRESENT DANGER

A

SPEECH INCITES IMMINENT VIOLENT ACTION

LIKELY TO PRODUCE VIOLENCE

70
Q

FIGHTING WORDS

A

HARSH LANGUAGE LIKELY TO INCITE AN AVG PERSON TO COMMIT VIOLENCE

71
Q

COMMERCIAL SPEECH

A

BUSINESS RELATED SPEECH

REASONABLE FIT TO A SUBSTANTIAL INT

NARROWLY TAILORED

72
Q

FALSE/MISLEADING ADVERTISEMENT

A

SPEECH THT PROVIDES FALSE OR MISLEADING INFO

NOT PROTECTED

73
Q

PRIOR RESTRAINT

A

STOPS SPEECH B4 IT IS PUBLISHED

INJUNCTIONS

GAG ORDERS

74
Q

UNFETTERED DISCRETION

A

GOV OFFICIALS CANNOT CHOOSE/ ALLOW ONE FORM OF SPEECH OVER ANOTHER

75
Q

OVERBROAD N VAGUE SPEECH

A

STATUTE CANNOT B TOO BROAD OR TOO VAGUE

KEYWORDS: ANY OR ALL

76
Q

BILL OF ATTAINDER

A

CANNOT EXPRESSLY PUNISH AN INDIVIDUAL OR NAMED GROUP OF PPL

77
Q

EX POST FACTO

A

LAW THT RETROACTIVELY MAKES ACTION ILLEGAL

78
Q

CONTRACTS CLAUSE

A

STATE CANNOT EXPRESSLY IMPAIR UR ABILITY TO ENTER A K

79
Q

STATE ACTION

A

THERE MUST B STATE/GOV ACTION TO VIOLATE THE CONSTITUTION

80
Q

CONGRESS SHALL NOT PLAY ANY ROLE IN THE REMOVAL OF

A

EXECUTIVE OFFICERS

THEREFORE, THE PRES MAY CONSTITUTIONALLY REMOVE A PRESIDENTIAL APPOINTEE W/O THE CONSENT OF THE SENATE

81
Q

A STATE TAX IS VALID IF ITS

A

NONDISCRIMINATORY AND DID NOT APPLY DIRECTLY TO THE FED GOV

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