Constitutional Law Flashcards
Ex Post Facto
Government cannot enact criminal laws that:
a)criminalize previously legal conduct
b) impose greater punishment than previously prescribed
c) eliminate previously available defenses
d) decrease prosecution’s previous burden of proof
Civil laws generally no punitive but can be subject if has retroactive effect that is so punitive that it clearly overrides its nonpunitive purpose
Discrimination against Noncitizen
Federal (5th amendment) - rational basis (law rationally for a legitimate interest
State Law (14th amendment) - necessary to achieve a compelling state interest
Political Function Exception in State law - law excludes noncitzen from a government function that would allow direct participating in formulation, execution, or review of public policy or exercise of broad discretion (then rational basis)
Discriminatory Laws
Challenged under equal protection clause and generally subject to rational basis review (rationally related to a legitimate government objective)
If intentionally discriminates or against a fundamental right will use intermediate review
Intentionally discriminated when
1) on its face - langauge of the law distinugies between classes
2) in it application - facially neutral law is purposefully applied differently to different classes or
3) in its motive - otherwise neutral law was eneacted to disproportinately impact a protected class
Commandeering Clause
Congress is prohibited from commandeering state or local government by requiring them to enforce federal laws; even when Congress has the power to regulate
Freedom of Press
Government action has a presumptive unconstitutional right and must survive strict scrutiny - least restrictive means to achieve a compelling government interest
Taking Clause
Methods:
a) Physical - possession or permanent physical invasion no matter how small
b) Regulatory - deprives of all economically beneficial use - restrict under totality of circumstances for character of government action, economic impact, and reasonable-investment back expectation
c) Exaction - condition to obtain a permit for a building/development
d) destruction of property or property interest
Taking occur when substantial restricts use of property of deprive all economically beneficial use - must prove just compensation
Public Peril - destruction of private property for owner just compensation is not required when in response to public peril
Substantive Due Process
Deprivation of life, liberty, and property
Ordinary Right: economic, employment, education or social welfare (rational basis)
Fundamental Right: first amendment rights, voting, interstate travel, and privacy (strict scrutiny)
Ministerial Exception
protects religious organization from civil liability for employment discrimination when they hire or fire employees who serve in ministerial roles
Free Exercise Clause
prohibits government interference with a religious organization’s right to shape its faith and mission
Forum-Based Regulation of Speech
Traditional Public Forums - historically used for, or associated with public speech (content-based regulations prohibited)
Designated (limited) public forums - public property opened for specific types of expression (content-based regulations prohibted)
Nonpublic forums - all other public property (content-based regulations permitted if viewpoint-neutral)
IF violate - presumptively invalid and will upheld unless the government can survive strict scrutiny
Younger abstention doctrine
when declaratory or injunctive relief is sought in federal court; requires abstention when such relief would interfere with a pending state proceeding on any criminal matter or particular civil matter that involves important state interest and provides an adequate opportunity to litigate the federal issues
Equal Protection
Strict Scrutiny: least restrictive means to achieve a compelling government interest (fundamental right - right to appeal infringed because of wealth and suspect classes)
Procedural Due Process
14th due process clause requires the government prvoide a meaniful opportunity to be heard before a neutral deceision-maker when depriving persons life, liberty, or property
Judge must recuse when
1) direct, personal, substantial pecuniary itnerest in it or
2) serious, objective risk of actual bias exists
SCOTUS Review of State Court Decisions
If not based on federal law - dismiss writ for lack of jurisdiction
If no abased on adequate state ground - may grant writ and review federal issue
If the decisions does not reach independence of federal law then may grant writ and review the federal issue, otherwise dismiss for writ for lack of jurisdiction
CANNOT review based on adequate and independent state grounds
1) state law fully resolves the matter and the court did not rely on federal law
Original Jurisdiction - cases filed direcrly; must involve an ambassador/public minister/consul or state as a party
Appellate - case filed after decisions by either - Congress can limit it; lower federal court or highest state court by writ of certiorari or direct appeal;
Exceptions Clause: gives Congress power to expand, regulate, or make exceptions to such jurisdiction
Pullman Doctrine
Burford Doctrine
Colorado River Doctrine
Enclave Clause
Congress has plenary legislative power over the District of Columbia; federal statute that prohibits actions in DC likely to be found constitutional
Permissible race-based affirmative action
All race-based classification imposed are subject to strict scrutiny under equal protection; race a suspect class - must prove that its racially discriminatory actions are necessary to achieve a compelling government interest
Richamond v. JA Crosn o minority set-asides for government employments contracts (remedying own history of racial discrimination)
Freeman v. Pitts - race-based student assignment in public elementary/high schools (remedying past intentional racial segregation in public schools)
Must be
1) own history of discrimination against the favored group AND
2) discriminatory program is necessary because race-neutral methods are unavailable or insufficient to further the interest
Civil Forfeiture (Procedural Due Process)
Government depreives an individual of property interst by seizing property used in criminal activity; generally requires that the government provide reasonable notice of the seizure and a meaningful opportunity to be heard before a neutral deceision-maker
Personal property can be seized prior to providing notice and hearing when:
1) seizure serves a significant government interest
2) interest would be frustrated by advance notice of the seizure and
3) the seizure is performed by the government
Real Property may be seized by the government prior to providing notice and hearing, must balance
1) private interest affected by deprivation
2) risk of erroneous deprivation to value of additional or substitute procedural safeguards and
3) government interest inducing the fiscal and administrative burdens that other safeguards would entail
Nondelegation Doctrine
Exclusive legislative power: ex: making/repealing law, declaring war, impeach federal (unconstitutional)
Incidental Legislative Power: Ex: rulemaking, carrying out legislation, enforcing regulation - Valid provided that intelligible principle defining
1) policy it seeks to advance
2) agency carrying out out policy
3) scope of agency’s authority
Conditional Federal Funding
Congress can condition federal funding through spending clause to spend for the general welfare but must:
1) state clearly and unambiguous
2) reasonably related to federal interest in funded program
3) do not require state to engage in unconstitutional activity
4) do not unduly coerce states into accepting the funds
Election Clause
state legislatures have the power to enact laws that regulate the time, place, and manner of congressional elections
Congress also has the power to override those state laws by supplanting them with federal law
State Election Restrictions
Ordinary: voter registration, photo ID, and disallow write-in (must be rational basis for a legitimate state interest)
Severe: poll tax, disallowing third-party candidacies, property-ownership requirement ( strict scrutiny necessary to achieve compelling state interest)
