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My MBE MEE > Con MBE > Flashcards

Con MBE Flashcards

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1
Q

Original Jurisdiction

A

Case can go directly to Supreme Court • Congress CANNOT “enlarge or restrict”

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2
Q

Appellate Jurisdiction

A

Case is appealed up to Supreme Court • Congress MAY regulate scope

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3
Q

Congress & Supreme Court

A

Congress CANNOT tell Supreme Court what to do

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4
Q

Congress & Lower Courts

A

Congress CAN establish lower courts & jurisdiction

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5
Q

Mootness

A

The issue has already been resolved

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6
Q

Ripeness

A

Case is not ready to be brought to court

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7
Q

Standing

A

Plaintiff must have a personal injury at stake

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8
Q

Case or Controversy

A

Must be an actual dispute No case or controversy is a synonym for mootness, ripeness, or standing

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9
Q

Independent & Adequate State Grounds

A

A case resolved on independent & adequate state grounds will not go to the Supreme Court

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10
Q

Political Questions/Justiciability

A

Federal Courts will not hear cases regarding legislative or executive power

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11
Q

Eleventh Amendment

A

Citizens of one state CANNOT sue their own or another state

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12
Q

Exceptions to Eleventh Amendment

A

State Consent • Government Official • Municipalities

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13
Q

Veto Power

A

President has the power to VETO

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14
Q

Presidential Appointment Power

A

The power to appoint ambassadors, judges, heads of agencies

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15
Q

Joint Appointment Power

A

CONGRESS may appoint members when the agency has NO regulatory or rulemaking authority

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16
Q

Presidential Pardon Power

A

Absolute power of the President • Only pardon FEDERAL crimes

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17
Q

Commander-in-Chief

A

President can Command Troops, but CANNOT Declare War

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18
Q

Presidential Treaty Power

A

President has the power to enter into treaties

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19
Q

Treaty Conflict

A

If treaty & federal law conflict - LAST IN TIME prevails

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20
Q

Executive Order

A

Domestic

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21
Q

Executive Agreement

A

Foreign

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22
Q

Constitutionality of Executive Orders

A

CANNOT conflict or supersede Congress

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23
Q

Presidential Powers List

A

Veto • Appointment • Pardon • Commander in Chief • Treaty • Executive Order/Agreement

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24
Q

Congressional Taxing Power

A

To raise revenue for the general welfare

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25
Q

Congressional Spending Power

A

For the general welfare

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26
Q

Commerce Clause

A

Congress has broad power to regulate commerce • Regulate the making, manufacturing, shipping of a widget

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27
Q

War Power

A

Congress can declare war

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28
Q

Foreign Affairs

A

Congress has the Primary Authority

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29
Q

Aliens

A

Congress has the power over non-citizens

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30
Q

Coin Money

A

Congress has the power to coin money

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31
Q

Federal Land

A

Congress has power over federal land including Washington D.C. • Parks, Monuments

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32
Q

Congressional Powers

A

Tax & Spend • Commerce Clause • Declare War • Foreign Affairs • Aliens • Coin Money • Federal Land

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33
Q

Definition - Delegation of Powers

A

Congress CAN delegate powers • MUST include guidelines & limitations

34
Q

Definition - Necessary & Proper Clause

A

Whatever is “necessary & proper” to enact enumerated powers Necessary & Proper Clause must be linked to an enumerated power

35
Q

SUPREMACY CLAUSE Rule

A

A conflict exists between Federal and State Law • In a conflict, Federal ALWAYS wins

36
Q

TENTH AMENDMENT

A

State Law can be MORE RESTRICTIVE than Federal Law

37
Q

States have POLICE POWER

A

States can pass laws for health, safety, and welfare • There is NO Federal Police Power

38
Q

COMMANDEER RULE

A

Federal Government CANNOT REQUIRE a state to do anything

39
Q

DORMANT COMMERCE CLAUSE Rule

A

State law regulating business CANNOT discriminate against out-of-state businesses

40
Q

Discriminatory on Face

A

Strict Scrutiny Applies

41
Q

Discriminatory Effect

A

Intermediate scrutiny applies • Burden on Commerce should not be excessive

42
Q

Market Participant Exception

A

State controls entire industry • State may discriminate

43
Q

FULL FAITH & CREDIT

A

Judgment in one state must be given full faith & credit in another state

44
Q

Federal Immunity

A

States cannot sue Federal Government • States cannot tax Federal Government • State can tax individuals • Individual cannot sue, unless consent

45
Q

State Immunity

A

Federal Government & States can sue a State • Federal Government may not tax a government activity • Federal Government may tax a proprietary business

46
Q

Definition - Equal Protection

A

Government is treating people DIFFERENTLY

47
Q

Strict Scrutiny

A

Applies to Race, Alienage, National Origin • Government has the burden • NECESSARY to achieve a COMPELLING interest

48
Q

Intermediate Scrutiny

A

Applies to Gender, Illegitimacy • Government has the burden • SUBSTANTIALLY related to an IMPORTANT interest

49
Q

Rational Basis

A

Applies to Everyone Else • Plaintiff has the burden • RATIONALLY related to a LEGITIMATE interest

50
Q

Definition - Substantive Due Process

A

Government regulating a right for ALL PEOPLE

51
Q

Levels of Scrutiny - Substantive Due Process

A

Fundamental Right - Strict Scrutiny • Non-Fundamental Right - Rational Basis

52
Q

Fundamental Rights

A

Vote • Free Speech • Interstate Travel

53
Q

Privacy Rights

A

CAMPER triggers Strict Scrutiny: • Contraception • Abortion - Undue Burden • Marriage • Procreation • Education • Raise Family

54
Q

Definition - Procedural Due Process

A

Property Rights - Governmental jobs • Licenses • Public benefits

55
Q

Levels of Scrutiny - Procedural Due Process

A

No Levels of Scrutiny • Need Notice AND Hearing Make sure property right has vested

56
Q

Equal Protection & Due Process

A

FEDERAL Law = 5th Amendment vs. STATE Law = 14th Amendment

57
Q

Definition - Privileges & Immunities

A

State passes law that treats NON-RESIDENTS differently

58
Q

13th Amendment

A

Bans slavery • PRIVATE individuals cannot racially discriminate

59
Q

15th Amendment

A

Voting & Racial Discrimination

60
Q

TAKINGS CLAUSE Rule

A

1) Government taking Private Property 2) For Public Use 3) With Just Compensation

61
Q

Definition - Public

A

Use Any overall public benefit

62
Q

Inverse Condemnation

A

Denies you the economic benefit of the land • Value left is WORTH NOTHING

63
Q

RELIGION Definition - Establishment Clause

A

Government cannot pass a law that formally sponsors or establishes a religion

64
Q

Tests for Estabishment Clause

A

1) History and Tradition: whether the challenged government action accords with historical practices and the Founding Fathers’ original intent (e.g., citizens shall not be coerced into participating in religious observance) 2) Neutrality: whether the challenged government action is religiously neutral

65
Q

Definition - Free Exercise Clause

A

Government must remain neutral on practice of religion A Law NEUTRAL to religion will be constitutional even if the EFFECT prohibits religion

66
Q

Content-Based Regulation

A

Government stops the message • Triggers Strict Scrutiny

67
Q

Content-Neutral Regulation

A

Regulation on Time, Place, & Manner • Where, When, & How

68
Q

Constitutionality - Content-Neutral Regulation

A

Furthers significant governmental interest • Leaves open alternative means of communication • Form of Intermediate Scrutiny

69
Q

Public Forum

A

Streets & Parks • Must further significant government interest • Leave open alternative means of communication

70
Q

Non-Public Forum

A

Billboards, Signs, Buses • Reasonably related to a legitimate government interest

71
Q

Obscenity

A

1) A prurient interest in sex by objective local community standards 2) Depicts sex in a patently offensive manner 3) Lacks any serious literary, artistic, political, or scientific value Art may be viewed differently in different communities. Be sure to look at the local community standards stated in the question

72
Q

Clear & Present Danger

A

1) Speech incites imminent violent action 2) Likely to produce violence

73
Q

Fighting Words

A

Harsh language likely to incite an average person to commit violence

74
Q

Commercial Speech

A

Business Related Speech • REASONABLE fit to a SUBSTANTIAL interest • Narrowly tailored

75
Q

False/Misleading Advertisement

A

Speech that provides false/misleading information • Not Protected

76
Q

Prior Restraint

A

Stops speech before it is published • Injunctions, Gag Orders

77
Q

Unfettered Discretion

A

Government official cannot choose/allow one form of speech over another

78
Q

Overbroad & Vague Speech

A

Statute cannot be too broad or too vague • Keywords: “any” or “all”

79
Q

Bill of Attainder

A

Cannot expressly PUNISH an individual or named group of people • Applies to both Federal and State Government

80
Q

Ex Post Facto Laws

A

Law that retroactively makes action illegal • Applies to both Federal and State Government

81
Q

Definition - Contracts Clause

A

STATE cannot EXPRESSLY impair your ability to enter a contract

82
Q

Definition - State Action

A

There must be State/Government action to violate the constitution

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