Con Law Flashcards

1
Q

Key levels of individual right protection?

A

RISe: Rational basis, Intermediate, Strict scrutiny

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2
Q

Rational basis floor of due process house?

A

Green card(immigration), grad cap(education), pilot wings(foreign travel rights), tickets to Tonga, magical law book(changes to civil liability)

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3
Q

Intermediate floor of due process

A

Burning flag(content neutral speech regulations), parade permit, ads(commercial speech), private contract (existing private k)

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4
Q

Strict scrutiny floor of due process

A

Kkk hood(freedom of association), tied up priest( prior restraint), torn up bible (laws restraining religion), ballot(voting rights), ticket to another state (right to interstate travel), government contracts (existing gov contracts rights), and keep out sign (privacy rights)

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5
Q

Government cannot __ in voting booth

A

HUG: Hinge voting rights on property, use race, or give more than 1 vote

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6
Q

What can gov do with voting?

A

FIDdle: Felony convictions, Incarceration, and durational residency requirements

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7
Q

Whenmust a prior hearing be available?

A

Crawdad: child custody, real property, adult commitment, welfare benefits, or deportation

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8
Q

Subsequent hearing suffice

A

STD: social security benefits, tenured public employment, or disability benefits

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9
Q

House of equal protection: rational basis

A

Old convict (age), wheelchair (disability), flipping coin (wealth), alien called to jury duty (citizenship if related to gov functions)

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10
Q

Equal protection: intermediate scrutiny

A

Illegitimate gay woman( quasi suspect class- illegitimate) (sexual orientation) (gender), alien child with report card (citizenship if based on education)

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11
Q

Equal protection strict scrutiny

A

African American(race, national origin) with rosary beads (religion) and alien (and non citizenship)

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12
Q

Lemon test to satisfy establishment clause

A

SUN: secular purpose, unentanglment, and neutral

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13
Q

Expression not protected by first Amendment?

A

LOT-LGF: law breaking incitement, obscenities, threats, lies, government employee speexh, or fighting words

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14
Q

What do obscenities lack?

A

SLAPS: serious literary, artistic, political, or scientific value

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15
Q

When can states favor in state residents?

A

SIN: substantial justification, important economic activity, and no better alternative

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16
Q

Congress’s 12 key powers

A
Twelve WIMPS BEND IT: 
Taxing
War declaration 
Interstate commerce 
MILD police powers 
Patent
Spending
Bankruptcy 
Enforcement of civil rights 
Necessary and proper 
Defense 
Immigration 
Treaty and foreign trade
17
Q

What are congress’s police powers

A
MILD:
Military bases
Indian reservations 
Federal lands
D.C
18
Q

President’s 7key powers

A
Very Fine PLACE:
Veto
Foreign policy
Pardon
Law enforcement 
Appointment and removal 
Commander-in-chief
Executive director
19
Q

When can a state be sued?

A
WE Bankrupt U:
Waiver
Enforce the 14th 
Bankruptcy or
United States plaintiff
20
Q

Exceptions to mootness

A

CR-V:
Class member with ongoing injury,
Risk of repeat or
Voluntary cessation

21
Q

When can congress use spending power?

A
GRANT:
General welfare
Related
Activity is constitutional 
Not unduly coercive and
Totally clear