Con Flashcards
A CASE CAN GET TO THE SUP CT BY EITHER
ORIGINAL JX OR APPELLATE JX
ORIGINAL JX; CASE CAN GO DIRECTLY TO SUP CT
CONGRESS CANNOT …
ENLARGE OR RESTRICT THE ORIGINAL JX OF THE SUP CT
APPELLATE JX
CASE IS APPEALED UP TO SUP CT
CONGRESS MAY REGULATE SCOPE
CONGRESS ____ TELL SUP CT WHAT TO DO
CANNOT
MOOTNESS (PAST)
THE ISSUE HAS ALREADY BEEN RESOLVED
RIPENESS (FUTURE)
CASE IS NOT READY TO BE BROUGHT TO CT
STANDING
P HAS TO HAVE PERSONAL INJURY
CASE OR CONTROVERSY
ACTUAL DISPUTE
INDEPENDENT AND ADEQ STATE GROUND
A CASE RESOLVED ON INDEPENDENT AND ADEQ STATE GROUNDS WILL NOT GO TO SUP CT
POLITICAL QUESTIONS/JUSTICIABILITY
FED CTS WILL NOT HEAR CASES REGARDING LEGISLATIVE OR EXECUTIVE POWER
11TH AMENDMENT
CITIZENS OF ONE STATE CANNOT SUE ITS OWN OR ANOTHER STATE
EXCEPTIONS
CONSENT
GOV OFFICIAL MAY BE SUED
MUNICIPALITIES MAY B SUED
EXEC POWER
VETO
PRES APPOINTMENT POWER
POWER TO APPOINT AMBASSADORS JUDGES HEADS OF AGENCIES
JOINT APPOINTMENT POWER
CONGRESS MAY APPOINT MEMBERS WHEN THE AGENCY HAS NO REGULATORY OR RULEMAKING AUTHORITY
PRES PARDON POWER
ABSOLUTE POWER OF THE PRES
ONLY PARDON FED CRIMES
PRES CAN COMMAND TROOPS BUT CANNOT
DECLARE WAR
PRES TREATY POWER
PRES HAS THE POWER TO ENTER INTO TREATIES
IF TREATY AND FED LAW CONFLICT..
LAST IN TIME PREVAILS
EXECUTIVE ORDER
DOMESTIC
EXECUTIVE AGREEMENT
FOREIGN
CONSTITUTIONALITY OF EXECUTIVE ORDERS
CANNOT CONFLICT OR SUPERSEDE CONGRESS
CONGRESSIONAL TAXING POWER
TO RAISE REVENUE FOR THE GENERAL WELFARE
CONGRESSIONAL SPENDING POWER
FOR THE GENERAL WELFARE
COMMERCE CLAUSE
CONGRESS HAS BROAD POWER TO REGULATE COMMERCE
WAR POWER
CONGRESS CAN DECLARE WAR
FOREIGN AFFAIRS
CONGRESS HAS THE PRIMARY AUTHORITY
CONGRESSIONAL POWERS SUMMARY
TAX N SPEND
COMMERCE POWER
DECLARE WAR
FOREIGN AFFAIRS
ALIENS
COIN $
FEDERAL LAND
CONGRESS CAN DELEGATE POWERS
MUST INCLUDE GUIDELINES AND LIMITATIONS
NECESSARY AND PROPER CLAUSE
W/E IS NECESSARY AND PROPER TO ENACT ENUMERATED POWERS
SUPREMACY CLAUSE
IN A CONFLICT FEDERAL ALWAYS WINS
STATE LAW CAN BE MORE ___ THAN FEDERAL LAW
RESTRICTIVE
10TH AMENDMENT
STATES HAVE POLICE POWER
STATES CAN PASS LAWS FOR HEALTH SAFETY AND WELFARE
THERE IS NO FED POLICE POWER
COMMANDEER RULE
FED GOV CANNOT REQ A STATE TO DO ANYTHING
DORMANT COMMERCE CLAUSE
STATE LAW REGULATING BUSINESS CANNOT DISCRIMINATE AGAINST OUT OF STATE BUSINESS
DORMANT CC - DISCRIMINATORY ON ITS FACE
STRICT SCRUTINY APPLIES (COMPELLING)
DORMANT CC
DISCRIMINATORY EFFECT
INTERMEDIATE SCRUTINY APPLIES
BURDEN ON COMMERCE SHOULD NOT BE EXCESSIVE
MARKET PARTICIPANT EXCEPTION
STATE CONTROLS ENTIRE INDUSTRY
STATE MAY DISCRIMINATE
FULL FAITH AND CREDIT
JUDGMENT IN ONE STATE MUST BE GIVEN FULL FAITH AND CREDIT IN ANOTHER STATE
FEDERAL IMMUNITY
STATES CANNOT SUE FED GOV
STATES CANNOT TAX FED GOV
STATES CAN TAX INDIVIDUALS
INDIVIDUAL CANNOT SUE UNLESS CONSENT
STATE IMMUNITY
FED GOV AND STATES CAN SUE A STATE
FED GOV MAY NOT TAX A GOV ACTIVITY
FED GOV MAY TAX A PROPRIETARY BUSINESS
EQUAL PROTECTION- GOV IS TREATING PPL
DIFFERENTLY
STRICT SCRUTINY APPLIES TO
RACE ALIENAGE NATIONAL ORIGIN
STRICT SCRUTINY- GOV HAS THE BURDEN TO SHOW THT
LAW IS NECESSARY TO ACHIEVE A COMPELLING INTEREST
INTERMEDIATE SCRUTINY APPLIES TO
GENDER
ILLEGITIMACY
INTERMEDIATE SCRUTINY TEST
GOV HAS THE BURDEN TO SHOW THAT THE LAW IS SUBSTANTIALLY RELATED TO AN IMPORTANT INTEREST
RATIONAL BASIS APPLIES TO
EVERYONE ELSE
RATIONAL BASIS
PLAINTIFF HAS THE BURDEN TO SHOW THAT THE LAW IS NOT RATIONALLY RELATED TO A LEGITIMATE INTEREST
SUBSTANTIVE DUE PROCESS
GOV REGULATING A RIGHT FOR ALL PEOPLE
FUNDAMENTAL RIGHT =
NON FUNDAMENTAL RIGHT=
SS
RATIONAL BASIS
RIGHT TO VOTE
FUNDAMENTAL
FREE SPEECH
FUNDAMENTAL
INTERSTATE TRAVEL
FUNDAMENTAL
PRIVACY RIGHTS
FUNDAMENTAL
PROCEDURAL DUE PROCESS
PROP RIGHTS
GOV JOBS
LICENSES
PUBLIC BENEFITS
EQUAL PROTECTION & DUE PROCESS
FED LAW =
STATE LAW=
5TH
14TH
PRIVILEGES & IMMUNITIES
STATE PASSES LAW THAT TREATS NON RESIDENTS DIFFERENTLY
KEY: RESIIIIIIDENTTTTTT
NOT EP!!
13TH AMENDMENT
BANS SLAVERY
PRIVATE INDIVIDUALS CANNOT RACIALLY DISCRIMINATE
(W/O STATE ACTION)
15TH AMENDMENT
VOTING AND RACIAL DISCRIMINATION
TAKINGS CLAUSE
1) GOV TAKING PRIVATE PROPERTY
2) FOR PUBLIC USE
3) W/JUST COMPENSATION
Takings Clause Balancing Test
The government considers:
1) The gov’t interests
2) The economic impact on the owner
3) Whether the regulation substantially interferes with distinct, investment-backed expectations of the owner
INVERSE CONDEMNATION
DENIES YOU THE ECONOMIC BENEFIT OF THE LAND
VALUE LEFT IS WORTH NOTHING
THE ESTABLISHMENT CLAUSE
GOV CANNOT PASS A LAW THT FORMALLY EST A RELIGION
FREE EXERCISE CLAUSE
GOV MUST REMAIN NEUTRAL ON PRACTICE OF RELIGION
A LAW NEUTRAL TO RELIGION WILL BE CONSTITUTIONAL EVEN IF
THE EFFECT PROHIBITS RELIGION
CONTENT BASED REGULATION
GOV STOPS THE MESSAGE
TRIGGERS STRICT SCRUTINY
CONTENT NEUTRAL REGULATION
TIME PLACE AND MANNER
CONTENT NEUTRAL REGULATION
GENERALLY CONSTITUTIONAL IF
1) FURTHERS SIGNIFICANT GOV INTEREST
2) LEAVES OPEN ALT MEANS OF COMMUNICATION
(INTERMEDIATE)
PUBLIC FORUM
STREET AND PARKS
MUST FURTHER SIGNIFICANT GOV INTEREST
LEAVE OPEN ALT MEANS OF COMMUNICATION
NON PUBLIC FORUM
BILLBOARDS SIGNS AND BUSES
REASONABLY RELATED TO A LEGITIMATE GOV INTEREST
OBSCENITY
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
CLEAR AND PRESENT DANGER
SPEECH INCITES IMMINENT VIOLENT ACTION
LIKELY TO PRODUCE VIOLENCE
FIGHTING WORDS
HARSH LANGUAGE LIKELY TO INCITE AN AVG PERSON TO COMMIT VIOLENCE
COMMERCIAL SPEECH
BUSINESS RELATED SPEECH
REASONABLE FIT TO A SUBSTANTIAL INT
NARROWLY TAILORED
FALSE/MISLEADING ADVERTISEMENT
SPEECH THT PROVIDES FALSE OR MISLEADING INFO
NOT PROTECTED
PRIOR RESTRAINT
STOPS SPEECH B4 IT IS PUBLISHED
INJUNCTIONS
GAG ORDERS
UNFETTERED DISCRETION
GOV OFFICIALS CANNOT CHOOSE/ ALLOW ONE FORM OF SPEECH OVER ANOTHER
OVERBROAD N VAGUE SPEECH
STATUTE CANNOT B TOO BROAD OR TOO VAGUE
KEYWORDS: ANY OR ALL
BILL OF ATTAINDER
CANNOT EXPRESSLY PUNISH AN INDIVIDUAL OR NAMED GROUP OF PPL
EX POST FACTO
LAW THT RETROACTIVELY MAKES ACTION ILLEGAL
CONTRACTS CLAUSE
STATE CANNOT EXPRESSLY IMPAIR UR ABILITY TO ENTER A K
STATE ACTION
THERE MUST B STATE/GOV ACTION TO VIOLATE THE CONSTITUTION
CONGRESS SHALL NOT PLAY ANY ROLE IN THE REMOVAL OF
EXECUTIVE OFFICERS
THEREFORE, THE PRES MAY CONSTITUTIONALLY REMOVE A PRESIDENTIAL APPOINTEE W/O THE CONSENT OF THE SENATE
A STATE TAX IS VALID IF ITS
NONDISCRIMINATORY AND DID NOT APPLY DIRECTLY TO THE FED GOV
