Constitutional Law Flashcards
What is the rule for Adequate and Independent State Grounds?
What does adequate mean?
The Supreme Court can review a state court judgment only if it turned on federal grounds. The court has no jurisdiction if the judgment below rested on an adequate and independent state ground.
Adequate means that the state ground must control the decision no matter how a federal issue is decided. AISG shows up when the federal claimant wins anyway under state law
Is the Constitution a floor or a ceiling?
A floor. A state court interpreting a state constitution can always give you MORE protection. A state can never give you LESS than the federal constitution requires
1) The Eleventh Amendment generally prohibits a suit against a ______ for ______.
2) True or false: the prohibition of the Eleventh Amendment can be overridden by Congress in enforcing rights created by the Fourteenth Amendment
1) state; money damages
True or False: Under AISG, the US Supreme Court will not review a state court decision when the party claiming a federal right is successful under state law.
True
What are the three criteria for standing?
Injury, causation, and redressability
Procedural due process applies only to ______ governmental action only when ______ has been taken
intentional; life, liberty, or property
The _____ test requires that a law be substantially related to an important government interest
intermediate scrutiny
In order to establish racial discrimination under the Equal Protection Clause what must be proved?
Discriminatory purpose
How is the Equal Protection Clause of the 14th Amendment applied?
Directly to the states and indirectly to the federal government through the 5th Amendment Due Process Clause
When is a suit ripe for adjudication?
When the plaintiff has suffered actual harm or an immediate threat thereof.
What must a plaintiff prove for standing?
- Injury-in-fact: concrete and particularized harm (actual or imminent)
- Causation: harm traceable to defendant’s conduct AND
- Redressability: favorable judicial decision can remedy harm
True or False: There is no standing as a mere citizen
True
Under the state-action doctrine, when does a private actor qualify as a government actor?
When 1) the private actor performs a traditional government function or 2) the government is significantly involved in the private actor’s activities
What is the difference between a permissible and an impermissible religious inquiry under the First Amendment?
Permissible - Do you sincerely believe?
Impermissible - Is your belief reasonable or true?
What does the establishment clause of the First Amendment, as applied to the states through the Fourteenth Amendment, do?
Prohibits the government from expressing a preference for a particular religion (or for religion over nonreligion) by participating in or aiding religious affairs.
What does the ministerial exception under the First Amendment do?
Protects religious organizations from civil liability for employment discrimination when they hire or fire employees who serve in ministerial roles. Exception applies to any employee whose primary function is to advance the organization’s religious mission
When is heightened equal protection review appropriate?
When a law intentionally discriminates - on its face, in its application, or in its motive - against a quasi-suspect or suspect class
What does the Dormant Commerce Clause do?
Generally bars states from discriminating against or otherwise unduly burdening interstate commerce
What are the Fundamental Rights which are subject to strict scrutiny?
First VIP:
First Amendment freedoms
Voting
Interstate travel
Privacy
Marriage/family
Parental rights
Sexual acts
Contraceptives
How does the Fourteenth Amendment limit Congress’ power to regulate naturalization?
By prohibiting Congress from revoking citizenship of any US citizen without his/her consent unless that citizenship was obtained by fraud or in bad faith
True or False: Under the dormant commerce clause states can discriminate against or unduly burden interstate commerce when Congress has explicitly authorized that conduct.
True
What is ripeness?
Ripeness refers to the readiness of a case for litigation
What is mootness?
A live controversy must exist at each stage of review, not merely when the complaint is filed. A case has become moot if there is no longer a controversy.
What is an exception to mootness?
A court will not dismiss as moot a case in which the defendant voluntarily ceases its illegal or wrongful action once litigation has commenced. The court must be assured that there is no reasonable expectation that the wrong will be repeated.
What is a declaratory judgment?
An official declaration of the status of a matter in controversy.
What are the two freedoms under the First Amendment?
The freedom to believe and the freedom to act. The freedom to believe is absolutely protected and cannot be restricted by law. Religious conduct is not absolutely protected.
