Con Law Flashcards
What must a plaintiff show for standing?
Injury in Fact, Causation, Redressability
Injury in Fact refers to concrete and particularized harm; Causation means the injury is traceable to the defendant; Redressability indicates a favorable court ruling can fix the harm.
What is required for a case to be ripe?
Based on an actual or imminent harm, not speculative
Ripeness ensures that courts do not decide cases based on hypothetical issues.
What does mootness mean in legal terms?
A case must remain live throughout litigation
Except in situations like capable of repetition but evading review or voluntary cessation by the defendant.
What is the Political Question Doctrine?
Courts will not decide issues assigned to another branch or lack judicially manageable standards
Examples include foreign affairs and impeachment.
What does the Commerce Clause allow Congress to regulate?
Channels, instrumentalities, and activities substantially affecting interstate commerce
This includes roads, rivers, trucks, and economic activities with a rational basis.
What power does Congress have under the Taxing & Spending Power?
Tax and spend for the general welfare
This power allows Congress to influence state policies through funding.
What does the Necessary & Proper Clause enable Congress to do?
Make laws necessary and proper to carry out enumerated powers
This clause supports implied powers of Congress.
What does the Dormant Commerce Clause prevent states from doing?
Discriminating against or unduly burdening interstate commerce
States can only do this if they have a legitimate local purpose and no less restrictive alternative is available.
What does the Supremacy Clause state?
Federal law preempts conflicting state laws
This principle ensures that federal law takes precedence over state law.
What is the Privileges & Immunities Clause?
States cannot discriminate against out-of-state citizens regarding fundamental rights
This clause is found in Article IV, Section 2 of the Constitution.
What power does the President have regarding appointments?
Appoints ambassadors, judges, and officers with Senate confirmation
This appointment power is part of the executive power of the President.
What is the President’s veto power?
President has 10 days to sign or veto a bill; Congress can override with a ⅔ vote
This power allows the President to check legislative actions.
What is the standard for Strict Scrutiny?
Law must be narrowly tailored to a compelling government interest
Applies to race, national origin, and fundamental rights.
What is the standard for Intermediate Scrutiny?
Law must be substantially related to an important government interest
Applies to gender and illegitimacy.
What is the Rational Basis standard?
Law must be rationally related to a legitimate government interest
Applies to all other classifications, such as economic regulations.
What must the government provide under Procedural Due Process?
Notice and a hearing before depriving a person of life, liberty, or property
This ensures fair legal procedures.
What does Substantive Due Process protect?
Fundamental rights from government interference
Strict scrutiny applies to these rights.
What does the Establishment Clause require?
Government action must pass the Lemon Test
The test includes a secular purpose, primary effect not advancing religion, and no excessive entanglement.
What is the Free Exercise Clause?
Government cannot target religious beliefs but can enforce neutral laws
This clause protects individuals’ rights to practice their religion.
What is the State Action Requirement?
Constitutional rights apply only to government action
Applies unless a private entity performs a public function or has significant government involvement.
What is the burden of proof under Strict Scrutiny?
Burden on the government
Laws are presumed unconstitutional unless the government meets its burden.
What is the burden of proof under Rational Basis?
Burden on the challenger
Laws are presumed constitutional unless proven otherwise.
