CON LAW

Question 1

Who does EP affect?

Answer 1

class of people

Question 2

Strict Scrutiny Class

Answer 2

race, alienage (non-U.S. citizen), nationality

Question 3

Strict Scrutiny Elements

Answer 3

law is necessary to achieve compelling gov interest.

NECESSARY––COMPELLING

Burden: gov

Question 4

Intermediate Scrutiny Class

Answer 4

gender, illegitimate children

Question 5

Intermediate Scrutiny Elements

Answer 5

law is** substantially related** to important gov interest

SUBSTANTIALLY RELATED––IMPORTANT

Burden: gov

Question 6

Rational Basis Class

Answer 6

everybody else

Question 7

Rational Basis Elements

Answer 7

**law is NOT rationally related to a legitimate gov interest.

RATIONALLY RELATED––LEGITIMATE

Burden: Plaintiff

Question 8

Substantive DP

Answer 8

government is taking away/ regulating/ depriving one of our rights/freedoms/liberties

Question 9

Who does substantive DP affect?

Answer 9

Everyone

Question 10

Under substantive DP, what rights trigger strict scrutiny?

Answer 10

Fundamental

Question 11

List fundamental rights

Answer 11

(1) Free speech
(2) Right to vote
(3) Right to interstate travel
(4) Contraception
(5) Abortion (not really) (rational basis)
(6) Marriage
(7) Procreation
(8) Education-only private education
(9) Raise family/ custody

Question 12

Under substantive DP, what rights trigger rational basis?

Answer 12

non-fundamental

Question 13

Procedural DP

Answer 13

if property right is taken away, person shall have a right to NOTICE and HEARING.

Question 14

Who does Procedural DP affect?

Answer 14

Individual person

Question 15

What type of rights does procedural DP affect?

Answer 15

property rights: JOB, LICENSE, BENEFITS

Question 16

Property rights under procedural DP must be ____.

Answer 16

Public

Question 17

When is procedural DP not applicable?

Answer 17

If merely applied for benefit or on probationary period for benefit.

Question 18

Free Exercise of Religion

Answer 18

Individual has right to exercise their religion any manner they choose, as long as they do not violate law.

Question 19

Under the free exercise clause, when is gov action unconstitutional?

Answer 19

if government acted intentionally to stop you from practicing your religion.

INTENT

Question 20

Under the free exercise clause, when is gov action constitutional?

Answer 20

if stopped from practicing religion because of an affect/ consequence of government action

Question 21

Establishment Clause

Answer 21

government making a law which may be too closely related to religion; gov cannot pass no law that establishes religion or preference of a religion.

Question 22

Establishment Clause Test

Answer 22

neutrality based on history and tradition.

Question 23

First Amendment

Answer 23

government can’t ban speech but can regulate speech

Question 24

Content Based regulation of speech

Answer 24

government regulating words we are saying; literally saying NO

Question 25

Content Based regulation of speech triggers:

Answer 25

strict scrutiny

Question 26

Content Neutral regulation of speech

Answer 26

government regulating time, place, manner; as long as message gets out, constitutional.

Question 27

Content Neutral regulation of speech triggers:

Answer 27

Intermediate Scrutiny:

Question 28

Intermediate Scrutiny test under Content Neutral Speech

Answer 28

furthers significant/important interest and leaves open an alternative means of expression.

Question 29

Executive Powers

Answer 29

1) Pardon: 2) Veto 3) Commander in Chief: 4) Executive Order 5) Executive Agreement: international affairs. 6) Appointment

Question 30

Pardon Power

Answer 30

Executive can only pardon federal crimes. Absolute and unappealable

Question 31

Commander in Chief

Answer 31

Executive in charge of the armed forces; can order direct move troops anywhere to defend the U.S.; CAN’T declare war.

Question 32

Executive Orders

Answer 32

Executive domestic affairs can be enforced unless there’s a federal law on that subject. Federal law will always take precedent.

Question 33

Executive Agreements

Answer 33

Executive international affairs. can be enforced unless there’s a federal law on that subject. Federal law will always take precedent.

Question 34

Appointment Power

Answer 34

Executive can appoint ambassadors, judges, and anyone w executive power: If both executive and congress are appointing, ok as long as there’s no executive power.

Question 35

Who has executive power?

Answer 35

person who issues or make rules regulations or prosecutes.

Question 36

Legislative Powers

Answer 36

1) Commerce 2) Taxing 3) Spending 4) Coin Money 5) Federal Land 6) Declare War

Question 37

Commerce Power

Answer 37

Legislative can regulate anything that affects interstate commerce/goods/widgets/retailing/shipping/widget/anything about it

Question 38

Tax Power

Answer 38

Legislative congress can tax when the tax raises revenue for the general welfare (for the greater good).

Question 39

Spending

Answer 39

Legslative Congress can spend when it is for the general welfare.

Question 40

Mootness

Answer 40

Case is over; nothing left to litigate

Question 41

Ripeness

Answer 41

Case not ready for trial.

Question 42

Bill of Attainder

Answer 42

When gov names an individual or group of ppl and levies some sort of punishment or penalty crim or civil **UNCONSTITUTIONAL**

Question 43

Ex Post Facto

Answer 43

Gov passes a retroactive law that makes conduct that was legal now illegal **UNCONSTITUTIONAL**

Question 44

Fifth v. Fourteenth Amendment

Answer 44

Congress = Fifth Amendment State = Fourteenth Amendment

Question 45

Judicial Powers

Answer 45

Congress shall not enlarge or restrict original jurisdiction Congress can make regulations and exceptions to appellate juris Congress has jurisdiction over lower fed cts, can create new lower fed cts, but congress can’t tell SCOTUS what to do.

Question 46

Congress has jurisdiction over ____

Answer 46

lower fed cts

Question 47

Congress can create ______

Answer 47

new lower fed cts

Question 48

Congress can make regulations and exceptions to _____

Answer 48

appellate jurisdiction

Question 49

Congress shall not enlarge or restrict ______

Answer 49

original jurisdiction

Question 50

Commandeer rule

Answer 50

congress cant require a state to do anything.

Question 51

Privileges and Immunities Clause

Answer 51

When one state discriminates against residents of another state.

Question 52

Thirteenth Amendment

Answer 52

Can hold a private actor liable for racial discrimination.

Question 53

The Thirteenth Amendment removes the ____ _____ requirement.

Answer 53

state actor

Question 54

Dormant Commerce Clause

Answer 54

State passes law regulating business. Out of state businesses are suing saying they’re being injured/discriminated **UNCONSTITUTIONAL**

Question 55

Exceptions to Dormant Commerce Clause

Answer 55

1) Market Participant: when state is acting as the market participant; state runs the biz/industry 2) Congress Allows: congress authorizes state act

Question 56

Supremacy Clause

Answer 56

When Fed law conflicts with state law, federal law wins.