Constitutional Law Flashcards
Standing
A person has standing when there’s a concrete stake in the outcome. The party must show an injury in fact, causation, and redressability.
Eleventh Amendment
The Eleventh Amendment grants a state sovereign immunity by prohibiting suits brought by private citizens in federal court. There are limited exceptions to sovereign immunity.
Commerce Clause
Congress has plenary power to regulate channels of interstate commerce, instrumentalities of interstate commerce, and activities that have a substantial effect on interstate commerce.
Spending Powers
Congress has the power to spend for the general welfare and common defense.
Taxing Powers
Congress has the power to tax if there is a reasonable relationship to revenue production or Congress has power to regulate the taxed activity.
Dormant Commerce Clause
In the absence of federal regulation, a state may regulate commerce if the regulation is nondiscriminatory against nonresidents and not unduly burdensome on interstate commerce.
Market Participant Exception
A state may discriminate if acting as a market participant. A state is a market participant if the state controls the entire industry.
Government Action
For a private citizen to bring a claim alleging a constitutional violation, there must be tangible government action.
Government Action: Private Actors
Courts will find government action of a private actor when there is a traditional public function or significant government entanglement.
Equal Protection Clause
The Equal Protection Clause guarantees protection from government discrimination based on a particular classification. Specifically, the government cannot single out a person or class of people based on such classification.
Takings Clause
The Takings Clause provides that the government may not take private property for public use without providing just compensation.
Regulatory Taking
A regulatory taking exists when a government regulation infringes upon property ownership to such extent that leaves no economically viable use.
Establishment Clause
The Establishment Clause prohibits the government from passing laws that formally establish religion. The government must remain neutral, and follow historical and traditional practices.
Free Exercise Clause
Under the Free Exercise Clause, every citizen has the right to practice their religious beliefs or related status or conduct in any way they choose. The government must remain neutral.
Content-Based Regulations
Content-based regulations restrict speech based on its subject-matter or viewpoint. Content-based regulations are subject to strict scrutiny and are presumptively unconstitutional.
Content-Neutral Regulations
Content-neutral regulations restrict the time, place, and manner of speech-related activities. The regulation must be narrowly tailored to further an important governmental interest, and leave open alternative channels of communication.
Viewpoint Neutral Test
The regulation must be viewpoint neutral and reasonably related to a legitimate governmental interest.
Public Forum
(sidewalks, parks, streets)
Public property that has historically been open to speech. Public forum can be content-based or content-neutral.
Nonpublic Forums
(govt workplace, airports)
A nonpublic forum is property that has not been historically open for speech. A nonpublic forum can be viewpoint-based or viewpoint neutral.
Designated Public Forum
(school opens door for afterschool activities)
A designated public forum is property that is not regularly open for speech, but which the government has thrown open for speech on a permanent or limited basis. A designated public forum can be content-based or content-neutral.
Limited Public Forum
A limited public forum is public property that the government opens for specific speech activities and may regulate around that particular use. A limited public forum can be viewpoint-based or viewpoint-neutral.
Student Speech
Student speech in schools may be regulated if the regulations are reasonably related to a legitimate educational concern.
Strict Scrutiny
Under the strict scrutiny test, the government has the burden to prove that the law is necessary to achieve a compelling interest. This test applies to fundamental rights and suspect classifications.
Intermediate Scrutiny
Under the intermediate scrutiny test, the government has the burden to prove that the law is substantially related to an important interest. This test applies to quasi-suspect classifications.
