Con Law

Question 1

What does P.U.S.H. mean for the preemption test to see if state law directly conflicts with federal law?

Answer 1

P = Pervasiveness (how expansive v. narrow fed regulation is)

U = Uniformity (is there a need for uniform Fed regulation?)

S = Similarity (Fed law supersedes very similar state law)

H = History (is subject matter traditionally local or federal?)

Question 2

Important Fundamental Rights:
F.A.R.S.

Answer 2

F = family relations
A = abortion
R = right to travel
S = sexual orientation

Question 3

Fundamental Rights of Privacy: C.A.M.P.E.R.

Answer 3

C = contraception
A = abortion
M = marriage
P = procreation decisions
E = education (private)
R = relationships (family)

Question 4

Supreme Court cases and controversies: R.A.M.P.S.

Answer 4

R = ripeness
A = abstention
M = mootness
P = political question + foreign affairs
S = standing

Question 5

Mootness exception, case will not be dismissed as moot if: C.R.Y.E.R.

Answer 5

C = capable of
R = repetition
Y = yet
E = evading
R = review

Question 6

Congress gets its power to legislate from: P.E.N.

Answer 6

P = enumerated Powers ($ tax, spend, borrow, regulate commerce, declare war, military)

E = Enabling/Enforcing clauses of 13th, 14th, 15th Amendments

N = Necessary and Proper clause*

*implied power, cannot use on its own, must use with P. Or E.