Constitutional Law

Question 1

Are there cases and controversies? To avoid dismissal in federal court, go up…

Answer 1

RAMPS
Ripeness, abstention, mootness, political question, standing

Question 2

Standing

Answer 2

RIC- redressability, Injury and causation)

Question 3

Rule: Eleventh Amendment bars a private party’s suit against a state in federal and state courts. Similarly, sovereign immunity bars claim against a state in federal and state agencies. Exceptions:

Answer 3

CEIBASS - Congress removes the immunity, Express waiver, Implicit consent/Structural, bankruptcy, Actions by local governments, states or the federal government, State officers.

Question 4

Congress Powers

Answer 4

CREATES DICE: civil rights, elections, admiralty, taxation, eminent domain, spending, defense, interstate commerce, citizenship and external (foreign affairs). Congress can also control the appellate jurisdiction of the Supreme Court, but not cases that are from supreme courts original jurisdiction (e.g Ambassador, state, or US is a party).

Question 5

States power - 10A police power, anti-commandeering doctrine, States has the power to legislate for the…

Answer 5

public welfare through this clause, public health, safety, welfare or morals.

Question 6

President is acting? Check President’s domestic, international affair, and military powers.
The President always wears…

Answer 6

his VETS’ CAPS:
V – VETO power over Congressional acts (Executive Powers are shared with congress)
E – EXECUTIVE power to “take care” that laws of the U.S. are faithfully executed
S – STATE of the Union recommendation to Congress for proposed legislation
T – TREATY Power
C – COMMANDER in Chief of the armed forces (Congress can declare war and appropriate military funding, yet the president is commander in chief of the armed forces)
A – APPOINTMENT power over ambassadors, judges of the Supreme Court, and other
“superior officers” of the U.S.
P – PARDON power over federal crimes
S – Power to call a SPECIAL Session of Congress

Question 7

Four factors to determine if congress wanted to occupy the entire field:

Answer 7

a. How pervasive the federal question is
b. Whether there is a need for uniform regulation
c. How similar the state and federal laws are, and
d. Whether the SM is traditionally federal or local (history)

Question 8

• Ex post facto laws

Answer 8

• Ex post facto laws- The federal and state governments may not enact criminal laws with retroactive punitive effect.

Question 9

• Bills of attainder-

Answer 9

Bills of attainder are legislative acts that inflict punishment on individ-uals without a judicial trial. Both federal and state/local governments are prohibited from passing bills of attainder.

Question 10

Strict Scutiny

Substative due Process

Answer 10

Strict Scrutiny- The law is upheld if it is necessary (that is, the least restrictive means) to achieve a compelling government interest. Will be invalidated if there is a less burdensome alternative to achieve the government’s goal.

Question 11

Strict Scutiny: Suspect classes

Substative due Process

Answer 11

RIO: based on race, immigrant (alienage if state ruling about, if congress will be rational basis) national origin (at the state and local levels

Question 12

privacy related rights

Strict scrutiny

Answer 12

CAMPERS: contraception, abortion, marriage, procreate, education (right to decide for child, private), Relations (family), sexual (lawrence v tx))

Question 13

Intermediate Scrutiny

Substantive due process

Answer 13

The law is upheld if the government proves that is narrowly tailored to achieve an important government purpose. For gender case must demonstrate EXCEEDINGLY PERSUASIVE – STILL INTERMEDIATE.

gender and legitimacy

Question 14

Rational Basis

Answer 14

The law is upheld if it is rationally related to a legitimate government purpose. This is a very easy standard to meet; therefore the law is usually valid—unless it is arbitrary or irrational.

Question 15

Establishment Clause: analysis

Answer 15

Coercion: The government may not directly or indirectly coerce individuals to exercise (or refrain from exercising) their religion. CHIF – coercion, history, intent (founders), focus on neutrality.

Question 16

Privileges and immunities, privileges or immunities

Answer 16

helpful to remember privileges AND immunities vs privileges OR immunities—“OR is from the fOuRteenth” and “Privileges AND Immunities deal with other states (their citizens) and so does the full faith AND credit clause in Art. 4”

Question 17

Congress requires a 2/3 vote only when drinking a…

Answer 17

V.I.P. TEA:
V – For both Houses to override a Presidential VETO
I – For the Senate to convict an IMPEACHED official (2/3 of those present)
P – Dispute between PRESIDENT and Vice President whether the President is able to carry on his duties (2/3 vote in each house)
T – For the Senate to ratify a TREATY
E – To EXPEL a member from either House of Congress
A – To propose an AMENDMENT to the Constitution (2/3 vote in each House)

Question 18

The 13th Amendment confronts the VIBS of slavery:

Answer 18

V – VESTIGES
I – INCIDENTS and
BS – BADGES of the SLAVERY system

Question 19

States Limitations:

Answer 19

Dormant commerce clause
Supremacy clause
Privileges and Immunities IV
Full Faith and credit

Question 20

PReemption

Answer 20

express
conflicts
field
Note: under field the supreme court will consider that it was not preempted, especially as if the state law involves health safety and welfare of the people.

Question 21

Life, property and liberty deprivation– due process clause 14th and 5th.
What Type of process required?

Answer 21

Notice, and opportunity to be heard and neutral decision maker. Hearing type will be weight accordingly: 1. The importance to the individual, and the value of specific procedural safeguards, risk of wrong deprivation to that interest, against the government interest.

Question 22

Substantive due process explain

Answer 22

concerned with the fairness of laws or government action restricting the liberty interests. Then, will apply the scrutiny methods.

Question 23

Economic Discrimination against out of state citizens

clause?

Answer 23

nterstate privileges AND immunities clause art. IV (prevents from discriminating against of other states in favor of its own) – like not selling for out of state citizens.

Question 24

one group single out

Answer 24

equal protection clause 14th amendment and substantive due process 5th amendment (DPC for federal) (nationally)

Question 25

Denies fundamental rights to everyone?

Answer 25

substantive due process (5th amendment).

Question 26

Rights to travel

Answer 26

require a person to live in the state for one-year, strict scrutiny. The best choice will be 14th amendment privileges or immunities (citizens of the United States) better than equal protection. – for time-based requirements.

Question 27

Traditional and designated forum

Freedom of speech explain

Answer 27

valid if (i)neutral and (ii)intermediate scrutiny and cannot accomplish by other means.

Question 28

Limited and non-public

Answer 28

Limited and non-public -(i) viewpoint neutral and (ii) reasonably related to the purpose of the forum.

Question 29

Commercial speech - not neutral

Answer 29

Commercial – intermediate scrutiny but they use substantial/instead of important.

Question 30

Congress does have general welfare power. T or F

Answer 30

False: it has SPENDING power for the welfare!!!

Question 31

CONGRESS police power only:

Answer 31

Congress has police power type powers over the District of Columbia, federal lands, military bases, and Indian reservations (based on its power over the capital and its property power).