Con Law Flashcards

1
Q

Requirements for Constitutional Standing?

A

1) Injury in fact; 2) Causation; and 3)Redressability

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2
Q

Justiciability doctrine?

A

RAMPS
Ripeness: Genuine immediate harm or threat of harm
Advisory Opinion: Fed courts can’t issue AO’s
Mootness: Controversy exists at all stages of review
Political Question:
Standing:

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3
Q

Typical Executive Powers

A

○ Executive orders - binding on federal agencies
○ Commander in Chief
○ Appointment Powers
○ Emergency Powers
○ Clemency Powers - Only FEDERAL criminals

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4
Q

Hierarchy of laws

A

Constitution
Congressional Acts (and regs)
Executive Orders/Agreements
State Laws

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5
Q

Congressional Powers

A

Federal Property
Tax/Spend for general welfare
coin/print money
Interstate Commerce

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6
Q

What is the anti-commandeering doctrine

A

Congress cannot tell a state to enact laws or enforce law. (congress can condition spending)

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7
Q

Strict Scrutiny

A

Burden on the gov’t to show the law/regulation is NECESSARY to justify a COMPELLING government interest.

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8
Q

What gets strict scrutiny

A

Race, national origin, alienage, infringing on a fundamental rights

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9
Q

Intermediate Scrutiny

A

Burden on government to show the regulation is NECESSARY to justify a COMPELLING government interest.

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10
Q

What gets intermediate scrutiny

A

Gender, alien children, sexual orientation (maybe)

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11
Q

Rational Basis Review

A

Plaintiff must show that the regulation is not RATIONALLY related to a LEGITIMATE government interest.

note; congress does not have to intend for the law to meet the interest identified.

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12
Q

What are the fundamental rights

A
  • Privacy (CAMPER) - (Contraception, abortion, marriage, procreation, education (private), familial relations,
  • Right to vote
  • Right to travel
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13
Q

What are the fundamental voting rights (what are not)

A

Fundamental: discrimination in voting, reapportionment, switching party affiliation, ballot restrictions based on special interest

Not fundamental: Right to be a candidate, filing fees, age/residency restrictions.

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14
Q

What is the Priv. and Immunities Clause standard when a state discriminates against out-of-staters

A

SUBSTANTIAL government interest must exist

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15
Q

What is a taking

A

a regulation that denies the owner of ALL economic use of viable land.

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16
Q

When can the government condemn land for PUBLIC USE

A

Government must show that the action is RATIONALLY related to ANY GOVERNMENT PURPOSE

17
Q

What is a Bill of Attainder

A

A statute/regulation that punishes a named group or individual

18
Q

What is the major exception to the 11th Amendments prohibition of citizens suing their state.

A

When the plaintiff is seeking injunctive relief

-Other exceptions (waiver, enforcement power of 13, 14, 15th amend, state officials and subdivisions, state v. state)

19
Q

What is the free speech analysis?

A

Step 1 - Content or TPM?
Content step 2; TPM step 3
Step 2 - Protected Speech?
Yes: strict scrutiny; no: rationality review
Step 3 - Apply 3 step TPM test
1) Significant Gov’t interest
2) Narrowly tailored (least restrictive means)
3) Alternative means of communication

20
Q

What are forms of unprotected speech?

A

Defamation, obscenity, fighting words, fraudulent commercial speech, child pornography

21
Q

What is the analysis for free exercise questions?

A

Purposeful interference - strict scrutiny

Incidental burden - Rational basis review

22
Q

What is the Lemon test?

A

Establishment clause issues

1) Primary PURPOSE must be secular
2) primary EFFECT must neither inhibit nor advance religion
3) No excessive government ENTANGLEMENT

23
Q

Organizational Standing Requirements

A

1) Individual standing of member
2) Purpose is related to interest
3) Member interest alligned

24
Q

When can congress tax/spend?

A

If one of three requirements met:

1) Objectively a tax
2) subjectively a tax
3) regulatory tax if congress has regulations

25
What are the conditional spending requirements?
1) spending serves general welfare 2) condition is unambiguous (usually met) 3) Condition relates to the federal program 4) no coercive effect
26
Analysis for state laws that discriminate against other states on its face?
The regulation is NECESSARY to serve a COMPELLING state interest.
27
Analysis for state laws that incidentally burden interstate commerce?
Balance state interest v. burden on interstate commerce.
28
What are the exceptions to the dormant commerce clause?
1) congressional authorization/delegation | 2) market place participant
29
When can congress prohibit private party discrimination?
only when it is acting pursuant to enforcement powers of 13th amendment.
30
What is the balancing test for procedural due process?
Balance: 1) Importance of the protected interest 2) Risk of error/erroneous deprivation 3) burden on the government Think Goldberg (doctor v. landlord)
31
What is the review for abortion laws
Cannot impose an undue burden on woman's right to an abortion