Con Law Flashcards
____ a violation of the Establishment Clause:
PEG
P – The state statute or activity must have a primarily secular PURPOSE as opposed to
the purpose of advancing or inhibiting religion
E – The law’s primary or inevitable EFFECT must neither disapprove of nor endorse religion AND
G – The law or conduct can’t foster excessive GOVERNMENTAL religious entanglement
A content-neutral regulation must be a reasonable ____ of the First Amendment:
SON
S – The restriction must be justified by a SIGNIFICANT governmental interest
O – The regulation must leave OPEN ample alternative channels of communication AND
N – The regulation must be NARROWLY tailored to further the government’s goal, but
doesn’t have to be the least restrictive means of doing so
All commercial speech restrictions with _____ are valid:
STAN
S – Government must have a SUBSTANTIAL INTEREST to restrict the speech
T – Advertisements must be TRUTHFUL and concern lawful products and services
A – Governmental restrictions must directly and materially ADVANCE the
government’s “substantial interest” in enacting the law (and there must be “reasonable fit” between the state’s goal and means used to achieve that goal)
N – The regulation must be NARROWLY-DRAWN and must not be more extensive than necessary to
achieve the government’s substantial interest
The statute’s primary purpose must be a secular (non-religious) purpose, as opposed to a ____ purpose
of:
DOE
Disapproving Or Endorsing religion
____ is simply obscene, and is not constitutionally protected:
SLAP POP’S PAW
SLAP – Lacks SCIENTIFIC, LITERARY, ARTISTIC, or POLITICAL value (determined by a
national standard, not local)
POP’S – PATENTLY OFFENSIVE PORTRAYAL of SEX
PAW – PRURIENT interest appeal, in which the material tends to excite lewd, lascivious, and lustful
thoughts in a person of AVERAGE sensitivity; here, the WHOLE material must be weighed
by the court.
A suspect class ____ for equal protection:
RIO
R – RACE
I – IMMIGRANT
O – National ORIGIN
Fundamental rights drink from the Equal Protection _____
VAT:
V – VOTING rights
A – ACCESS to courts
T – The right to TRAVEL throughout the U.S.
Privileges and immunity does not apply to a plaintiff who can _____
GRAB:
G – The U.S. GOVERNMENT
R – A RESIDENT of the state who’s law is being challenged (i.e., the P here must be a
non-resident or a newly arrived resident)
A – ALIENS (immigrants)
B – BUSINESS Organizations (corporations, LLCs or partnerships)
There are three ___levels of judicial scrutiny for constitutional challenges:
SIR S – STRICT SCRUTINY
I – INTERMEDIATE Scrutiny
R – RATIONAL Basis, i.e., the law simply must be rationally related to a legitimate state interest
For an intermediate level of judicial scrutiny, use ____ four times…
“IS”
IS – INTERMEDIATE level of judicial SCRUTINY
IS – There must be an IMPORTANT governmental interest, and the method chosen must
SUBSTANTIALLY relate to achieving that interest
IS – ILLEGITIMACY, and SEXES (genders)
IS – ILLEGAL SCHOOL-AGE children
Intermediate scrutiny arises whenever you drink ___
GIN:
G – GENDER
I – ILLEGAL IMMIGRANT school children
N – NONMARITAL children
Note that “IS” does NOT apply to a ____ person:
MAP
M – MENTALLY disabled
A – AGE discrimination victim
P – POVERTY-STRICKEN person
The Separation of Powers Doctrine is referred to as the Constitutional _____. That is, it::
CARD C – CREATES, A – ALLOCATES, R – RESTRICTS, and D – DISTRIBUTES federal power
The President always wears his ______
VETS’ CAPS:
V – VETO power over Congressional acts
E – EXECUTIVE power to “take care” that laws of the U.S. are faithfully executed
T – TREATY Power
S – STATE of the Union recommendation to Congress for proposed legislation
C – COMMANDER in Chief of the armed forces
A – APPOINTMENT power over ambassadors, judges of the Supreme Court, and other
“superior officers” of the U.S.
P – PARDON power over federal crimes
S – Power to call a SPECIAL Session of Congress
Congress requires a 2/3 vote only when drinking a ____:
V.I.P. TEA:
V – For both Houses to override a Presidential VETO
I – For the Senate to convict an IMPEACHED official (2/3 of those present)
P – Dispute between PRESIDENT and Vice President whether the President is able to carry on
his duties (2/3 vote in each house)
T – For the Senate to ratify a TREATY
E – To EXPEL a member from either House of Congress
A – To propose an AMENDMENT to the Constitution (2/3 vote in each House)
______ in Congress (express powers of Congress, enumerated in Article I of the U.S.
Constitution):
PIEPER FIT WABCD
P – POST office
I – INVESTIGATORY power to find facts in order to pass legislation
E – ENFORCEMENT of federal civil rights under the 13th, 14th, and 15th Amendments
P – PROPERTY power
E – Federal ELECTIONS
R – RAISING revenues by taxing
F – FISCAL power
I – The power to regulate INFERIOR federal courts and their procedures
T – TREATY power
W – The power to declare WAR
A – Power over ALIENS immigration, and their naturalization to become citizens
B – BANKRUPTCY
C – International and interstate COMMERCE
D – DISTRICT of Columbia police power
The 13th Amendment confronts the ____ of slavery:
VIBS
V – VESTIGES
I – INCIDENTS and
BS – BADGES of the SLAVERY system
______ protect fundamental privacy interests:
MAD2 COPS
M – Right to MARRY
A – Right to an ABORTION (“undue burden” standard)
D – Spouse’s right to DISSOLVE a marriage
D – Right of a terminally ill person to DIE
C – Right to buy, sell, or use CONTRACEPTIVES
O – Right to privately possess OBSCENE material (but not if it depicts minors)
P – PARENTING rights (right to control the upbringing and education of child)
S – Right to private, consensual SEXUAL activity
MAD2 COPS are “Fundamental rights except for the three ____ ones which are only “liberty interests”:
S – Private consensual SEX
A – ABORTIONS
D – The right to DIE
A parent has ____ fundamental rights to raise children:
3-C
C – CUSTODY
C – CARE
C – CONTROL
It is Congress that establishes the procedure for appointing inferior Constitutional officers (ex. Administrative law judges). They may be appointed either by _______
CAP
C- Federal Courts
A- The head of a federal agency or by a federal board
P- By the President
