Constitution Flashcards
What does the 11th Amendment prohibit?
The 11th Amendment prohibits a party from suing a state or a state agency in federal court UNLESS certain exceptions apply.
What are the 4 exceptions to the 11th Amendment?
The 4 exceptions to the 11th Amendment are:
- the state explicitly consents to waive its protections;
- the suit pertains to federal laws brought under the 14th Amendment;
- the suit seeks injunctive relief against a state official for constitutional violations; OR
- the suit seeks money damages from a state official.
What suits are not covered by the 11th Amendment?
The 11th Amendment does not apply to:
- suits against local governments,
- federal suits between states, or
- suits by the federal government against a state.
Can Congress abrogate 11th Amendment state sovereign immunity, allowing a party to sue a state?
Congress cannot abrogate state sovereign immunity except for federal laws adopted under the 14th Amendment.
What must be determined to assess Congress’s abrogation of state immunity?
To assess Congress’s abrogation of state immunity, 2 issues must be resolved:
- whether Congress unequivocally expressed its intent to abrogate the immunity; AND
- whether Congress acted pursuant to a valid grant of constitutional authority.
What is standing in federal court?
To have standing in federal court:
- personally suffered an injury in fact,
- injury was caused by the defendant, and
- injury is redressable by a court order.
CONSTITUTION
What must a plaintiff show when seeking injunctive relief?
The plaintiff must show a concrete, imminent threat of future injury that is neither conjectural nor speculative.
Is third-party standing generally permitted?
Generally, third-party standing is not permitted, except in certain circumstances.
What are the exceptions for third-party standing?
Exceptions include: (a) a close relationship between the plaintiff and third-party; (b) difficulty for the third-party to assert their rights; OR (c) the third-party is an organization.
What must an organization show to have standing to sue on behalf of its members?
An organization must show: (1) the suit is related to its purpose; (2) its members would have standing; AND (3) the members’ participation is not necessary.
What does ripeness refer to in legal terms?
Ripeness refers to whether a case is ready to be litigated, determined by actual harm or an immediate threat of harm.
What factors are considered for pre-enforcement review of a statute?
The court considers: (1) the hardship of withholding review; AND (2) the fitness of the record for review.
What does mootness mean in legal context?
Mootness refers to instances when a dispute has ended or was resolved before review.
When can a court hear a case that has become moot?
A court may hear a moot case if: (a) the wrong is capable of being repeated; (b) the defendant voluntarily stops an offending practice; OR (c) in a class action, at least one member has an ongoing injury.
What does the Commerce Clause grant Congress?
The Commerce Clause grants Congress the authority to regulate interstate commerce, foreign nations, and Indian tribes.
What can Congress regulate under the Commerce Clause?
Congress may regulate: (1) channels of interstate commerce; (2) people and instrumentalities in interstate commerce; AND (3) economic activities with a substantial effect on interstate commerce.
What is required for federal regulations on intrastate activities to be upheld?
Federal regulations will be upheld if there is a rational basis to conclude that the cumulative national impact has a substantial effect on interstate commerce.
What activities cannot be aggregated for substantial effect on interstate commerce?
Aggregation cannot be used for activities that are not commercial or economic in nature, such as possessing a firearm in a school zone.
What powers does Congress have regarding taxation?
Congress has the power to lay and collect taxes, duties, imposts, and excises, which must be geographically uniform.
What does the 16th Amendment allow Congress to do?
The 16th Amendment allows Congress to collect taxes on income derived from any source.
What is Congress’s spending power?
Congress has the power to spend for the common defense and general welfare, allowing it to attach conditions on federal funds.
What are the restrictions on Congress’s spending power?
Restrictions include: (1) spending must be for general welfare; (2) conditions must be unambiguous; (3) conditions must relate to federal interest; (4) conditions cannot induce unconstitutional activities; AND (5) conditions cannot be coercive.
What domestic powers does the President have?
The President has powers including executing laws, appointing officials, removing appointees, pardoning federal crimes, and acting as Commander in Chief.
What are the three Youngstown circumstances for presidential power?
- Acting with Congress’s authorization; 2. Acting when Congress is silent; 3. Acting against Congress’s will.
What treaty powers does the President share with Congress?
The President can negotiate treaties, which must be ratified by a two-thirds Senate vote, and can enter into Executive Agreements without Senate approval.
What is the Non-Delegation Doctrine?
The Non-Delegation Doctrine states that Congress cannot delegate powers it does not have to itself or its officers.
What does the 10th Amendment state about state powers?
The 10th Amendment reserves all powers not granted to the Federal government to the States.
Can Congress compel state governments to implement legislation?
No, Congress cannot compel states but can induce action through conditions on federal funding.
What is the Negative Commerce Clause?
The Negative Commerce Clause prohibits states from passing laws that discriminate against out-of-state commerce or place an undue burden on interstate commerce.
What constitutes a discriminatory regulation?
A law is discriminatory if it is facially discriminatory or has a discriminatory impact favoring in-state commerce.
What is the Supremacy Clause?
The Supremacy Clause states that validly enacted federal law will always trump conflicting state law.
What are the types of preemption?
Preemption can be express or implied, with express preemption occurring when federal law explicitly states exclusivity.
What must a plaintiff show to establish state action?
A plaintiff must show that the constitutional violation is attributable to government action.
What is the Incorporation Doctrine?
The Incorporation Doctrine applies most of the Bill of Rights to the States through the 14th Amendment.
What does the 13th Amendment prohibit?
The 13th Amendment prohibits involuntary servitude, applying to both government and private actors.
What is substantive due process?
Substantive due process pertains to the government’s power to regulate activities under the Due Process Clauses of the 5th and 14th Amendments.
What is the fundamental rights test?
When regulating fundamental rights, the government must satisfy strict scrutiny to show the law serves a compelling interest.
What is procedural due process?
Procedural due process guarantees that no person shall be denied life, liberty, or property without due process of law.
What is the Non-Fundamental Rights Test?
The government may regulate activities that do not constitute fundamental rights as long as it meets the rational basis test.
What does the Due Process Clause guarantee?
It guarantees that no person shall be denied life, liberty, or property without due process of law.
What are the three Mathews v. Eldridge factors for procedural due process?
- The importance of the private interests being affected; 2. The risk of error under current procedures and the value of additional procedures; 3. The importance of state interests and the burdens on the government that would arise from the additional safeguards.
What constitutes deprivation of liberty?
Deprivation of liberty occurs when the government deprives an individual of a freedom provided by the Constitution or statute.
What constitutes deprivation of property?
Deprivation of property occurs when an individual has an entitlement that is not fulfilled.
What does the Equal Protection Clause prohibit?
It prohibits the government from denying citizens equal protection of the laws.
What must be shown to determine if a discriminatory classification exists?
- The law is discriminatory on its face; 2. The law is facially neutral but applied in a discriminatory manner; 3. A discriminatory motive exists when the law is facially neutral but creates a disparate impact.
What are the three levels of scrutiny for equal protection analysis?
- Rational Basis; 2. Intermediate Scrutiny; 3. Strict Scrutiny.
What is required under strict scrutiny?
The government must show that the classification is necessary to serve a compelling government interest.
What is required under intermediate scrutiny?
The government must show that the classification is substantially related to an important government interest.
What is the rational basis test?
The plaintiff must show that the classification is not rationally related to any legitimate government interest.
What does the Takings Clause of the 5th Amendment state?
The government may take private property for public use if it provides just compensation.
What are the two types of takings?
- Possessory (per se) takings; 2. Regulatory takings.
What is a possessory taking?
It occurs when the government physically takes or occupies the property.
What is a regulatory taking?
It occurs when a regulation goes ‘too far’ and deprives an owner of all economically viable use of her property.
What is the vested rights doctrine?
It protects landowners from subsequent changes in zoning if substantial construction has begun and substantial expenditures have been made in reliance on a valid permit.
What does the Privileges and Immunities Clause prohibit?
It prohibits states from intentionally discriminating against non-residents concerning civil liberties and important economic activities.
What rights does the First Amendment protect?
- Freedom of speech; 2. Freedom to exercise religion; 3. Freedom of the press; 4. Freedom to peaceably assemble; 5. Right to petition the government.
What does the Establishment Clause prohibit?
It prohibits the government from establishing a religion or endorsing/supporting religion.
What must laws that discriminate against a religion satisfy?
They must satisfy strict scrutiny.
What does the Free Exercise Clause prohibit?
It prohibits the government from interfering with the exercise of religion.
What are content-based restrictions?
Government regulations regarding the content of protected speech that must satisfy strict scrutiny.
What are content-neutral restrictions?
Regulations that may be imposed on the time, place, and manner of speech if they satisfy intermediate scrutiny.
What are prior restraints on speech?
Attempts by the government to prohibit speech before it happens, generally disfavored and unconstitutional except in limited circumstances.
What is a public forum?
A space traditionally available to the public for free speech.
What is a designated public forum?
A space not traditionally available for free speech but made available by the government.
What is a non-public forum?
Public places that have traditionally been limited for free speech.
What are licensing requirements for speech in public forums?
Permitted if the government has an important reason for licensing and specific standards are used.
What is expressive conduct?
The expression of ideas through actions that may be regulated by the government.
What are articulated standards in licensing?
Articulated standards are used to grant licenses to remove discretion of the licensing body.
When is a regulation or licensing scheme unconstitutional?
A regulation or licensing scheme is unconstitutional if it gives officials unfettered discretion to apply the law or scheme.
What are the conditions for regulating expressive conduct?
Expressive conduct may be regulated if: (1) the government has an important purpose; (2) the purpose is independent of the suppression of speech; AND (3) the restriction is no greater than necessary to achieve that purpose.
How is commercial speech protected under the First Amendment?
Commercial speech is given fewer protections. The government may regulate truthful, non-misleading commercial speech if it: (1) directly advances; (2) a substantial government interest; AND (3) it is no more extensive than necessary.
Is false or misleading commercial speech protected?
False or misleading commercial speech is not protected. The government may prohibit professionals from advertising or practicing under a trade name.
Do public school students lose their First Amendment rights?
Public school students do not lose their 1st Amendment rights when on school property, but schools have greater latitude to regulate speech.
What must school officials prove to justify suppression of speech?
School officials must prove that the conduct would materially and substantially interfere with the operation of the school.
Can schools force students to participate in a flag salute?
Schools cannot force students to participate in a flag salute if it offends their religious or political beliefs.
What are the requirements for a government employee’s speech to be protected?
For a government employee’s speech to be protected, the employee must have spoken: (1) as a citizen; AND (2) on a matter of public concern.
What is the two-step inquiry for government employee speech?
Step 1: Did the employee speak as a citizen on a matter of public concern? Step 2: Did the government entity have an adequate justification for treating the employee differently?
What does the Supreme Court say about public employees speaking as citizens?
Public employees making statements pursuant to their official duties are not speaking as citizens for First Amendment purposes.
What is the Supreme Court’s stance on corporate and union political expenditures?
Corporations and unions have a right to engage in political expenditures under the 1st Amendment; the government cannot suppress political speech based on the speaker’s corporate identity.
Can shareholders regulate corporate political expenditures?
Shareholders may regulate corporate political expenditures through procedures of ‘corporate democracy.’
What makes a law unduly vague or overbroad?
A law is unduly vague if it does not provide reasonable notice of what is prohibited, and overbroad if it regulates more speech than is constitutionally permitted.
Can a defendant be convicted under a vague or overbroad law?
A defendant cannot be convicted under a law deemed overbroad or vague, even if the speech falls within an unprotected category.
What constitutes obscenity under the First Amendment?
Obscenity is not protected and is regulated if it: (1) appeals to the prurient interest; (2) is patently offensive; AND (3) lacks redeeming value.
What is the Supreme Court’s view on freedom of association?
The freedom of association is a fundamental right under the 1st Amendment, and the government may only regulate it if it satisfies strict scrutiny.
What must the government prove to punish membership in a group?
The government must prove that: (1) the group is engaged in illegal activity; (2) the person knows of the illegal activities; AND (3) the person intends to further those activities.
