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ConLaw Flashcards

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1
Q

Article III section II limits jurisdiction of federal court

A

Law-Based JDX
-Constitution
-Admiralty and Maritime

Party-Based JDX
-Where US is party
-2 or more states
-state and citizens of other states
-ambassadors and counsel
-diversity jdx

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2
Q

11th amendment

A

private individauls cannot sue states for money damages in any court
Exceptions;
-federal suits brought by one state against another
-suits brought by the federal government against state
-subdivisions of states do not have this imunity
-private citizen may sue state requesting injunction
-state may consent to suit in federal court if it clearly waives immunity
-congress can authorized individual citizen private suits involving moneytary damage for violations of 13, 14 ,15 amendments

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3
Q

11th amendment

A

private individuals cannot sue states for money damages in any court
Exceptions;
-federal suits brought by one state against another
-suits brought by the federal government against state
-subdivisions of states do not have this immunity
-private citizen may sue state requesting injunction
-state may consent to suit in federal court if it clearly waives immunity
-congress can authorized individual citizen private suits involving monetary damage for violations of 13, 14 ,15 amendments

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4
Q

To address getting into federal courts; RAMPS

A

RAMPS
S; Standing; must show a direct and impending injury in fact
R; Ripeness
A; Abstentions
M; Mootness (Exception is if the injury is capable of repetition)
Political Question

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5
Q

Legislative Power

A

Congress has the power given by the CONST, including pass laws
Congress gets power to legislate from 3 sources (PEN);
P; Power and money (collecting taxes)
E: Enabling clauses of 13, 14, 15 Amendments
N; Necessary and Proper Clause

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6
Q

Commerce Power

A

Congress can regulate interstate commerce, instrumentalities of interstate commerce, Activities (that substantially affect interstate commerce)

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7
Q

Commerce Power; Substantial Effect

A

Congress is meant to regulate any economic activity, so long as it effects interstate commerce

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8
Q

Commerce Powers; Cumulative Effect doctrine

A

multiple activities, related, effecting interstate commerce

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9
Q

Taxing Power

A

Congress has the power to impose and collect taxes so long as its;
for raising revenue
regulate activity
NOT ALLOWED TO BE PENALTY

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10
Q

Executive Powers

A

VAPER
Veto
Appointment
Pardon
Enforcement
Removal

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11
Q

Dormant Commerce Clause

A

States cannot discriminate out-of-state economic actors.
If state law discriminates, the STATE must show;
regulation serves a COMPELLING interest
regulation is necessary

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12
Q

Due Process Clause

A

5th and 14th Amendment;
Procedural Due Process
Substantive Due Process

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13
Q

Procedural Due Process

A

Protects against deprivation of life, liberty, or property without due process
Liberty (Broad) things like restraint and punishment
Property (Narrow) things like public education, public employment (if a K exists) welfare, driver’s license

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14
Q

Substantive Due Process

A

Rational Basis Review v. Strict Scrutiny
- Substantive due process requires legislation be rationally related to LEGITIMATE government Purpose

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15
Q

Economic regulations

A

Substantive due process challenge directed at economic regulation is subject to rational basis review
-Burden is on plaintiff to show (1) government interest is not legit, (2) if it is legit, it is not rationally related to promoting it.

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16
Q

Fundamental Rights

A

Strict Scrutiny applied; (1) government interest being served is COMPELLING (2) legislation is NARROWLY TAILORED

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17
Q

Four kinds of takings

A

Regulatory; government imposes regulation that causes owner to suffer some permanent physical invasion
Direct government appropriation; actually taking the property
Temporary restrictions
Conditional permits; permissible if (1) logical nexus b/w condition and gov’t purpose and (2) rough proportionality b/w impact and gov’t objectives

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18
Q

Rational Basis

A

Plaintiff must prove no rational relation to any legitimate governmental interest
Applies to;
Age
Alienage
Disability
Sexual Orientation
Aliens
Wealth
All Else

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19
Q

Intermediate scrutiny

A

Government must show that the measure being challenged is SUBSTANTIALLY related to an IMPORTANT government interest
Applied to;
Gender
Child Legitimacy

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20
Q

Strict Scrutiny

A

Government must prove that the measure being challenged serves a COMPELLING government interest and it is NECESSARY to further that interest
Applies to;
Alienage (state)
Domestic Travel
National Origin
Race
Voting

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21
Q

Privileges and Immunities under Article IV, Section 2

A

Comity Clause provides citizens of each states are privileged to all rights of citizens of other states

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22
Q

The Contracts Clause

A

State legislation changes a contract obligation, the court shall look at the Severity of the Impairment and the importance of the public interest served

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23
Q

Ex Post Facto

A

Legislatures cannot criminalize behavior or increase punishment after the fact

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24
Q

Bills of Attainder

A

Legislatures may not inflict punishment on an individual or easily ascertainable group for past conduct without trial

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25
Q

Establishment clause

A

where law prefers one religion over another; Strict Scrutiny applies

26
Q

Lemon Test

A

Statute must have secular legislative purpose
Principal purpose must neither advance or inhibit religion
The statute must not foster an excessive government entanglement with religion

27
Q

General Principle; (Strict Scrutiny)

A

Applies when gov’t engages in content-based discrimination
Exceptions;
- if the gov’t passes strict scrutiny
- Unprotected or low-value speech
- Government as speaker
- Content-neutral conduct regulation
- Content-neutral time, place, manner regulation

28
Q

Article III Section 2 Limits the JDX of Fed Ct to

A

Law based JDX; Claims arising Constitution; admiralty/maritime JDX
Praty-based; US is a party, 2 or more states, b/w citizens of state and other state, Citizens of diff. states and 75k

29
Q

11th Amendment prohibits private individuals from suing states for money damages in any court except

A

Fed suits brought by one state agaisnt another state or fed v. state
Suits against cities/towns/counties
suits for injunctions
state consents
Congress authorizes money damages for violations of 13, 14, 15

30
Q

Case/Controversy (Standing)

A

Standing; Art III reqs person to show; (1) injury in fact (2) causation (3) redressability
Third-P Standing; (1) A party may have standing if a special relationship exists b/w claimant and third party and third party is unable to bring suit on own
(2) org has standing if its members would have standing, interest asserted is germane to orgs purpose, neither claim asserted or relief reqs members to do anything

31
Q

Case/Controversy (Ripeness)

A

Ripeness bars consideration of claims until fully developed

32
Q

Case/Controversy (Mootness)

A

If problem not there, no claim happening (UNLESS IT CAN HAPPEN AGAIN)

33
Q

Case/Controversy (Political Question)

A

Political Q is a matter assigned to another branch by CONST
Factors; (1) something in CONST suggest ultimate decision making authority is given to another gov’t actor
(2) political not legal

34
Q

Case/Controversy (Abstention)

A

Fed Courts can abstain

35
Q

JDX of SCOTUS

A

Original JDX over cases involving foreign diplomats an states
Congress cannot change original jdx

36
Q

Congress’ power over courts

A

Lower Courts; Cong can do what it wants
SCOTUS; unsettled

37
Q

Powers of Congress (Legislative Power)

A

Pass laws through PENS
P-enumerated POWERS from Constitution
E-Enabiling clauses (13, 14, 15)
N-Necessary and proper clause

38
Q

Powers of Congress (Commerce Power)

A

Rule: Cong can regulate interstate commerce and means for it
Limitation; Cannot regulate non-economic activity unless apart of comprehnsive scheme

39
Q

Powers of Congress (Taxing Powers)

A

Cong can impose taxes for general welfare, raise revenue

40
Q

Powers of Congress (Spending Powers)

A

Cong can spend for general welfare so long as it;
(1) serves general welfare
(2)unambiguous
(3) condition is related to fed program
(4) state not req’d to be unconst
(5) amount not so large it looks like a bribe

41
Q

Powers of Congress (War and Defense)

A

Cong declares war
Cong may institute draft, wage, price, and rent control

42
Q

Powers of Congress (Civil War Amendments (13th, 14th, 15th))

A

To enforce these Amenrments;
(1) w/ respect to 14th and 15th, cong can only regulate states not pvt individuals (Can overcome state sovreignty)
(2) state gov’ts must have engaged in widespread violation
(3) legislative remedy must be congruent and proportional to violation

43
Q

Powers of Congress (Delegation of Power)

A

Cong can create exec. agency and give legislative power
(1) Agency > State law but must have intelligible principle

44
Q

Executive Power (POTUS IS CHIEF EXECUTIVE)

A

POTUS is Chief Executive
(1) enforce laws not create
(2) appoint high level officials with advice and consent of senate
(3) Can remove executive APPOINTEE, must have cause to remove exec. officers who have fixed term
(4) Veto (NO LINE ITEM)
(5) Pardon only fed crimes and not impeachment

45
Q

Executive Power (POTUS IS COMMANDER)

A

W/o declaration, POTUS can use military in response

46
Q

Executive Powers (POTUS AS MR.WORLDWIDE)

A

POTUS; makes treaties but req’s 2/3 congress
Can make executive agreements (do not beat fed law)

47
Q

Congressional Limits on Exec

A

Impeachment
Appropriations; POTUS cant refuse to spend money if voted in by cong

48
Q

Fed-State Relationship (Immunity of Fed Gov’t)

A

Sovereign Immunity (can’t be sued)
Supremacy Clause (Fed> State)
Fed Agencies immune from tax

49
Q

Fed-State Relationship (Immunity of State Gov’t)

A

11th Amendment, congress cant create pvt COA against state unless for enforcement
State immune from fed tax
Anti-Commandeering Doctrine; fed gov’t cant force state gov’t to do something

50
Q

Fed-State Relationship (Authority reserved for states)

A

Dormant Commerce Clause; States can’t discriminate against out-of-state
If it does happen; the STATE must show (1) regulation compelling (2) narrowly tailored

50
Q

Fed-State Relationship (Authority reserved for states)

A

Dormant Commerce Clause; States can’t discriminate against out-of-state
If it does happen; the STATE must show (1) regulation compelling (2) narrowly tailored

51
Q

State-Action Requirement

A

P must show that there is gov’t action
Exceptions;
(1) Public-function theory (Private entity doing what gov’t does)
(2) Significant-State-Involvement (Gov’t market participant)
(3) 13th Amendment protects against actions of private individuals

52
Q

Due Process Clause

A

Procedural Due Process; Protects against deprivation of life, liberty, property. applies to all people
Substantive Due Process; rights not enumerated in CONST, Apply Rational Basis or Strict Scrutiny

53
Q

Fundamental Rights

A

Contraception
Marriage
Family relations
Private Education
Possession of porn
Right to Travel
Right to vote

54
Q

5th Amendment Takings

A

Direct Gov’t Taking
Regulatory Taking
Economic Taking
Conditional Permit

55
Q

Equal Protection Standard of Review (Rational Basis)

A

PLAINTIFF must show meaure is not rationally related to legitimate government interest

Applies to; Age, Alienage (Fed), disability, wealth, sexual orientation

56
Q

Equal Protection Standard of Review (Intermediate Scrutiny)

A

GOV’T mustshow the measure is SUBSTANTIALLY RELATED to an IMPORTANT gov’t interest

Applies to gender and illegitimacy

57
Q

Equal Protection Standard of Review (Strict Scrutiny)

A

GOV’T must PROVE measure serves a COMPELLING gov’t interest and is NARROWLY TAILORED

Applies to race, alienage (state), voting, domestic travel, national origin

58
Q

Suspect Classifications (strict scrutiny)

A

Racial Discrimination;
-De Jure seg. laws that seg based on race
-De Facto seg; seg in fact not by law
Alienage by states
-States discriminate against resident aliens, apply SS

59
Q

Suspect Classifications (Intermediate scrutiny)

A

Illegitimacy
Sex discrimination

60
Q

Privileges and Immunities (14th Amendment)

A

right to;
travel across state lines
petition congress
vote for fed officers
assemle
enter public lands
DOES NOT APPLY TO CORPS

Con Law (1 decks)

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