Constitutional Law Flashcards
Article III Judicial Power
cases involving:
- Interpretation: constitution, federal laws, treaties, and admiralty
- Disputes: states, states and foreign citizens, citizens of diverse citizenship
Original Jurisdiction of Supreme Court
all cases affecting: ambassadors, public ministers, consuls, and when state is a party
Concurrent jurisdiction to lower federal courts EXCEPT those between states
Appellate Jurisdiction
all cases which federal power extends
Doctrine of “Strict Necessity”
case is “justiciable” if there is a “case or controversy”
Ripeness
Plaintiff not entitled to review of a statute until its enforcement UNLESS will suffer some harm. or immediate threat of harm
Mootness
controversy must exist at all stages of review
EXCEPTION: capable of repetition but evading review (pregnancy); class action of members still have claims
Standing
must have stake in outcome at all stages
Standing Components
- Injury in fact
- Causation (casual connection)
- Redressibility
Standing to Assert rights of Others
Generally no unless:
- Difficult for third party to assert right
- Special relationship exists between claimant and third party (doctor assert rights of patient)
Standing of Organizations
- There is an injury in fact to members that gives right to sue on own behalf
- the injury is related to the organizations purpose; AND
- individual member participation is not required
No Citizenship Standing
No standing merely as a “citizen”
Taxpayer Standing Requisites
MUST have Congress’s spending power involved (example suits challenging congressional spending to aid parochial schools) first amendment
Adequate and Independent State Grounds
Supreme Court will NOT exercise jurisdiction if state court judgment is based on adequate and independent state law grounds EVEN if federal issues are involved
Adequate = fully dispositive of the case
Independent = not based on federal case interpretations of identical federal provisions
Abstention
Supreme court will TEMPORARILY abstain from resolving a constitutional claim when it rests on unsettled state law question
Will NOT enjoin state CRIMINAL proceedings except in cases of proven harassment or prosecutions taken in bad faith
Eleventh Amendment Limits on Federal Courts
Prohibits Fed Court from hearing a private or foreign gov party claim against state government
- state is party or will have to pay retro damages
NOT BARRED: actions against local governments. actions by US or other states, or federal bankruptcy court
EXCEPTIONS to Eleventh Amendment Limits
Actions against state officers…
1. to enjoin an officer from future conduct that violates const. or fed law (even if payment from state)
2. actions for damage against an officer PERSONALLY
Specific Legislative Powers
powers enumerated in the constitution PLUS all auxiliary powers NECESSARY AND PROPER to carry out the powers
Taxing Power
Congress has power to tax
upheld if reasonable relationship to revenue production OR if congress has power to regulate activity taxed
Spending Power
Congress may spend to “provide for the common defense and general welfare” ANY PUBLIC PURPOSE
Commerce Power
regulate all foreign and interstate commerce
To be within Interstate Commerce Power must either:
- Regulate the channels
- Regulate the instrumentalities
- Regulate activities that have a SUBSTANTIAL effect on interstate commerce
Economic or commercial activity
a rational basis on which congress concludes that the activity in the AGGREGATE substantially affects interstate commerce
if NON-ECONOMICAL congress MUST show a direct SUBSTANTIAL economic effect (generally wont be able to EX: gun in school zone law)
War Powers
CONGRESS power to declare war, raise and support armies, and provide for and maintain a navy
Property Power
power to dispose of and make rules for territories and other properties of the US
To dispose or federal takings must be under an enumerated power
Police Power
Congress has NONE except over D.C., Fed Lands, military bases, and indian reservations
Bankruptcy Power
establish uniform rules non exclusive; States MAY legislate as long as no conflict
Power of Citizenship
Establish rules of citizenship (naturalization and denaturalization) CANNOT take away citizenship native-born or naturalized w/o consent
- Resident aliens entitled to notice and a hearing
“Major Questions” Doctrine
agency adopts regulations that have extraordinary economic and political significance MUST point to clear congressional authorization
Executive Appointment Powers
President appoints: ambassadors, justices of supreme court, and others not provided
Power as Chief Executive
President acts w/express or implied authority MAX power
President acts w/silence from congress upheld unless usurps power of other branch
Presidents acts express will of congress LITTLE authority
Treaty Power
with consent of 2/3 senate
Exclusive Federal Powers
Express: treaty, coin money
Inherent: declaration of war, federal citizenship
Exclusive State Powers
not delegated to fed gov = reserved to the states
Express Preemption
Expressly provide states may NOT adopt laws concerning subject matter XYZ
Implied Preemption
state law conflicts = impliedly preempted
State prevents Fed objective = Impliedly preempted
Field Preemption
presumption that historic state police powers are NOT to be superseded UNLESS that was the clear and manifest purpose of congress
Full Faith and Credit Clause
judgment entitled to full faith and credit MUST be recognized in sister states
Commandeering State Officials
Congress MAY NOT state executive officials to enforce federal laws
State Taxation and Regulation on Federal Gov
cant w/o consent of congress
nondiscriminatory, indirect are okay if reasonable
Privileges and Immunities Clause
Prohibits the discrimination by a state against NONRESIDENTS
ONLY “Fundamental Rights” Protected
“Fundamental Rights” of P&I Clause
commercial activities (pursuit of a livelihood) , Civil Liberties
clause ONLY applies if intentionally protectionist in nature
Privileges and Immunities Substantial Justification Exception
must show nonresidents EITHER cause or are part of the the problem the state is attempting to solve AND that there are NO LESS RESTRICTIVE MEANS to solve the problem
Dormant Commerce Clause
regulation by state must NOT DISCRIMINATE AGAINST or UNDULY BURDEN interstate commerce
Dormant Commerce Clause EXCEPTIONS
- Important State Interest
- Market Participant
- Government Performing Traditional Government Functions
DCC Important State Interest
Furthers an important NONECONOMIC state interest AND there are NO REASONABLE NONDISCRIMINATORY ALTERNATIVES available
DCC “Market Participant”
may prefer its own citizens when action as a market participant
Favor Gov doing tradition gov function (waste removal)
Nondiscriminatory Laws - Balancing Test
law is valid UNLESS burden on commerce outweighs the promotion of a legitimate local interest
Are less restrictive means available?
Non-Discriminatory Taxes on interstate commerce
Valid if:
Substantial Nexus to the taxing state
Fair apportionment
Fair relationship
Use Taxes
Permissible in buyer’s state
State may force seller to collect use tax IF seller has substantial nexus with taxing state
Ad Valorem Property Taxes
based on assessed value of the property
In course of interstate commerce?
No Tax
Tax on Instrumentalities used to transport goods interstate
Depends on: 1. whether it has acquired “taxable situs” in the taxing state (sufficient contacts) 2. Value of it has been properly apportioned according to amount of contacts with state
State Action Requirment
to show constitutional violation “state action” MUST be involved (local, state, federal)
Private individuals who perform exclusive public functions OR have significant state involvment
Contract Clause
LIMITS ability of STATES to enact laws that RETROACTIVELY impair contract rights
Contract Impairment Rules
Private Contracts - Intermediate Scrutiny
Public Contracts - Stricter Scrutiny
Ex Post Facto Laws
Law that retroactively alters criminal offenses (no illegal, less evidence, greater punishment) for the purpose of punishing past activity
ONLY TO CRIMINAL CASES
Procedural Due Process
intentional or reckless government action is a taking of life, liberty, or property
Loss of Liberty
- loses significant freedom of action; OR
- denied a freedom provided by the constitution
Loss of Property
loss of legitimate claim or “entitlement” to benefit under state or federal law
Due Process Balancing Test
- importance of the interest to the individual
- value of specific procedural safeguards
- government interest in fiscal and administrative efficiency
The “Taking” Clause
Fifth Amend states private property must not be taken for public use without JUST COMPENSATION
Applicable to states via the 14th amendment
“public use” for taking
gov action is rationally related to a legitimate public purpose, public use is satisfied
“taking” defined
physical appropriation (even temporary) = taking
Physical Invasion = MAYBE (not emergency situations)
Temporary? = degree of invasion, duration, gov intention’s, other factors
Use Restrictions
denial of ALL economic use of land = taking
Temporary?= planner’s good faith, expectations of owners, length of delay, effect on value, etc.
Decreasing Economic Value (Regulations) - Balancing Test
- social goals sought
- diminution in value to owner
- regulation substantially interferes with investment-backed expectations from owner
Building Permits and Taking
Government must show
- Essential nexus between condition and proposed development
- adverse impact of the proposed development is roughly proportional to the loss caused to the property owner from forced transfer
“Just Compensation”
If deemed a taking Gov must:
1.Pay property owner just compensation (FMV at time of taking) for the property; OR
- Terminate the regulation and pay damages
Equal Protection Clause
law treats a person or class of persons differently from others (limited to state action)
Proving Intent of Discriminatory classification
- Discriminatory on its face
- discriminatory application of facially neutral law
- discriminatory motive behind law (must be shown TOUGH TO PROVE)
Suspect Classes
Race and National Origin
Alienage classifications at state level
Quasi Suspect Class
Gender and Legitimacy
Other Classifications for Rational Basis
age, disability, wealth
Standard of Review - STRICT SCRUTINY
involving SUSPECT CLASSIFICATION (race, national origin, and alienage)
Standard of Review - INTERMEDIATE SCRUTINY
involving quasi-suspect classification (gender and legitimacy)
Standard of Review - MINIMAL SCRUTINY
NOT affect fundamental rights or involve suspect or quasi suspect classifications
Strict Scrutiny
upheld if it is NECESSARY to achieve a COMPELLING government purpose (HARD)…especially if less burdensome alternative
BOP Gov
Intermediate Scrutiny
SUBSTANTIALLY RELATED to an IMPORTANT government interest
BOP Gov probably
Minimal Scrutiny (Rational Basis)
RATIONALLY RELATED to a LEGITIMATE government interest
usually valid unless arbitrary or irrational
BOP Person challenging
Substantive Due Process
5th amendment = Fed
14th amendment = State
When a FUNDAMENTAL right is limited to ALL persons (equal protection is PERSON or CLASS)
laws that regulate people or entities must give fair notice of conduct that is forbidden or required
Substantive Due Process standards
Fundamental right is limited - Strict Scrutiny
All other - Rational Basis
Fundamental Rights
Privacy, Interstate Travel, Voting, First Amendment
Right of Privacy
Marriage, Contraceptives, Procreation, Abortion, Porn, Sex
Right to Vote
OTHER THAN age, residence, citizenship are invalid
Right to Travel
migrate from state to state (minimum duration of residence to receive benefits??)
Right to Bear Arms
handgun at home and carry in public
Review: government must justify it is consistent with country’s historical tradition of firearm regulation
First Amendment Free Speech
prohibits congress from establishing religion or interfering with free exercise of religion. abridging freedoms of speech and press, right of assembly
applicable to states through 14th amendment
Speech and Assembly - Government Speech
does NOT require aid of private speech or restrict the government from expressing views
UPHELD if rationally related to a legitimate state interest
Content Regulations
presumptively unconstitutional
“content neutral” = subject to intermediate scrutiny (advance important interests unrelated to suppression of speech and must not burden substantially more speech than necessary Narrowly Tailored/Defined Standards)
Conduct Regulations
can be regulated by content-neutral time, place, and manner restrictions
Public Forums
Streets, sidewalks, public parks
historically open to speech related activities
Designated Public Forums
schoolrooms after hours, civic centers, etc
Opened to the public
Avoid Strict Scrutiny in Public and Designated Public Forums
- Content neutral
- Narrowly Tailored to serve an important government interest
- Leave open alternative channels of communication
Scope of Speech
Freedom not to speak
symbolic acts (may regulate if important interest in regulation independent of speech aspects of the conduct and incidental burden is no greater than necessary)
Regulation Based on Content
must be NECESSARY to achieve a COMPELLING government interest
unprotected speech
Inciting imminent lawless actions, fighting words, obscenity, some commercial speech (lies)
Prior Restraints
Prevents speech before allowed (RARE)
Must show special societal harm
Restraints on Government Employees Speech CONTENT
Official Duty Exception: made on the job and pursuant to employee’s official duties is punishable/regulated EVEN if speech touches on public concern
Restraints on Government Employee Speech not in official duties
Matter of public concern = can be punished/regulated only if employer’s interest in efficient public service outweighs employee’s interest as a citizen commenting on matter of public concern
NOT matter of public = wide deference to employer’s regulating disruptive workplace speech
Free Exercise Clause
prohibits government punishing someone on the basis of their religious beliefs
includes: requiring religious oaths, excluding clerics from public office, and declaring a religion to be false
Discriminatory law against Religion - Strict Scrutiny
law is either NOT neutral or FACIALLY NEUTRAL but not generally applicable (targets religion generally or particularly)
NECESSARY to achieve a COMPELLING state interest
Generally Applicable Law
not subject to Free Exercise Clause
EXCEPTION: unemployment benefits, and amish education
Establishment Clause
prohibits government sponsorship of religion
Neutrality, Coercion, and History and Tradition
Neutrality = Must remain neutral
Coercion = Refrain from directly or indirectly coercing individuals to exercise religion
History and Tradition = what the founding fathers intended to prevent and what they would have deemed acceptable
