Constitutional Law Flashcards
Prohibits the citizens of one state from suing their own state or another state on federal claims for money damages, in federal court, without the state’s consent.
11th Amendment
Limits the jurisdiction of federal courts to “cases” and “controversies”
Article III, Section 2
If a controversy or matter has been resolved
Moot
Bars consideration of claims before they have fully developed
Ripeness
Abstaining or refusing to hear a case when there are undecided issues of state law presented
Abstention
What must a plaintiff show to have standing?
Direct and personal injury, actual causation, damages, and redressability
Political Question
A matter assigned to another branch of government by the Constitution or incapable of a judicial matter. Federal courts cannot hear cases involving political questions.
Adequate & Independent State Grounds
If a state court judgment can be supported on an adequate and independent state ground, the Supreme Court will not take jurisdiction.
Legislative Powers of Congress
to lay and collect taxes, to borrow money on the credit of the US, to regulate commerce with foreign nations and among the several states, to declare war, to raise and support armies, and to provide and maintain a navy
Necessary & Proper Clause
Gives Congress the implied power to make all laws which shall be necessary and proper for carrying into execution the foregoing powers
Commerce Power
Congress can regulate channels of interstate commerce (highways, waterways, and air traffic) and activities that substantially affect interstate commerce
Congress may not commander the legislative processes of the states by directly compelling them to enact and enforce a federal regulatory program (what Amendment?)
10th Amendment
Pardon Power of President?
President may grant reprieves and pardons for offenses against the US, except in cases of impeachment (no state, just federal)
Treaty Power of President?
The power to make treaties with foreign nations by and with the advice and consent of the Senate
Executive Agreements
President has power to enter into executive agreements and compacts with foreign nations. Such agreements are valid and prevail over inconsistent state law. Need not be ratified by Congress
Hierarchy of Laws
US Constitution, Treaties & Federal Statutes, Executive Orders & Agreements, State Constitution, State law & Ordinances
State Police Power
States may regulate any health, safety, welfare, morals, or aesthetic interests through their police powers. There are no federal police powers
Supremacy Clause
A federal law will supersede any state law with which it is in direct conflict. If Congress enacts legislation with the intention of preempting state law, the Congressional regulation will control
Prohibits slavery and involuntary servitude
13th Amendment
Strict Scrutiny
Burden of persuasion is on the government to show that the measure being challenged is necessary to achieve a compelling government interest (violation of fundamental rights) (Race, National origin, Alienage, Domestic Travel, Voting)
The Right to Travel
Privileges & Immunities Clause, Article IV, Section 2
Rational Basis
Burden of persuasion is on the plaintiff to show that the measure being challenged is not rationally related to a legitimate government interest (Age, disability, wealth, sexual orientation, all others)
Intermediate Scutiny
Burden of persuasion is on the government to show that the measure being challenged is substantially related to the achievement of an important government interest (violation of fundamental rights) (Gender, illegitimacy, Undocumented Alien children)
Ex Post Facto Laws
Retroactive criminal laws, either makes criminal an act that was not a crime when committed, prescribes greater punishment for a crime after its commission, or extends the statute of limitations for a crime as to which the previously applicable statute of limitations has already expired
Bills of Attainder
A legislative act that inflicts punishment without a judicial trial upon named individuals or an easily ascertainable group for past conduct
Contract Clause
No State shall pass any law impairing the obligation of contracts
Establishment Clause
Religion, strict scrutiny
Free Exercise Clause
The government may not punish an individual by denying benefits or imposing burdens based on religious belief, strict scrutiny
Freedom of Speech
Strict Scrutiny
