Constitutional Law Mnemonics Flashcards
Political question
GIRL GUIDES of Canada SCREAM FOR ICE CREAM
GGC SC-RE-AM
FOR
ICE C-RE - A - M
- Gerrymandering, guaranty clause
- _S_eating at _C_onvention
- REpublican form of government clause issues
- AMendment procedures
- FOReign affairs
- _I_mpeachment _C_hallenges
- _E_lection _C_hallenges
- REmoval
- A
- Military decisions by president
Art III Jurisdiction
_AU_stralia = _A_ _FOR_eign _C_ountry, so bring a _MAP_ , _MAG-US_-STATE
AU - arising under
A FOR - affecting foreign consuls, public ministers, and ambassadors
MA - maritime/admiralty jurisdiction
US - US is a party
State - state stuff
When can Congress override state 11th Amendment immunity
pass laws enforcing Due Process and Equal Protection as long as HW CP (huz/w col/ppl)
H - historical
W - widespread discrimination by the state
C - law = CONGRUENT
P - law = PROPORTIONAL to remedying discrimination
State tax on instrumentalities of commerce (trucks, trains) only
SN**a**C**ke**R
SN C - instrumentality has SUFFICIENT NEXUS/CONTACTS with the taxing state
R - REASONABLY proportional to time instrumentality spent in the state
Whether a tax on interstate commerce is valid
SNA**acke**R Doritos
I need a snack when doing taxes/I’m a big snacker when I’m doing taxes
SN - SUFFICIENT NEXUS/CONTACTS with the taxing state
A - fairly APPORTIONED
R - fairly RELATED to services provided by state
~D - not DISCRIMINATE against interstate commerce
State tax on foreign commerce
SNA**acke**R Doritos
I need a snack when doing taxes/I’m a big snacker when I’m doing taxes
SN - SUFFICIENT NEXUS/CONTACTS with the taxing state
A - fairly APPORTIONED
R - fairly RELATED to services provided by state
~D - not DISCRIMINATE against interstate commerce
AND ONE OF THE FOLLOWING
- refrain from creating a substantial risk of international multiple taxation
- do not prevent the federal gov’t from speaking with 1 voice re: international trade/foreign affairs issues
Procedural Due Process
ICB - I Call Bullshit
I - IMPORTANCE of the INDIVIDUAL’S INTEREST
C - how does CURRENT procedures protect that interest? how much would adding more procedures help?
B - BURDEN (fiscal, administrative) on the government if it has to add more process
Takings clause/eminent domin
after U&I take the UIBE, I need to _PA_ck for my trip around _A_ll of _EU_rope
U&I UIBE - UNREASONABLY INTERFERES with distinct INVESTMENT-BACKED EXPECTATIONS of the owner
PA - PHYSICAL APPROPRIATION
A EU - denies owner of ALL ECONOMIC USE
Factors for regulatory taking
E BIBS
EB - ECONOMIC burden
I - extent of the INTERFERENCE
BS - whether the taking BENEFITS SOCIETY
Exaction
- improper demand that a property owner give something to the community in exchange for zoning or development approval*
- is a taking unless:*
_R_estaurant _PEN_ne
P R - ROUGH PROPORTIONALITY between burden on developer and public benefit
AND
EN - ESSENTIAL NEXUS b/w the exaction and legitimate state interest
Commercial Speech
FML** **DAI-S**Y ~**MEN
- FML
- DAI-SY
- the S in daisy
- ~ MEN
FML - ~ false or misleading or illegal
DAI - directly advances gov’t interest
S - substantially related
~MEN - not more extensive than necessary to serve that interest
Time, Place, and Manner restriction is constitutional if:
N**i**C**k Jo**N**a**S** **AAC** **Sign
NC - content neutral
AAC - leaves open AMPLE, ALTERNATIVE CHANNELS of communication
NS - NARROWLY tailored to serve SIGNIFICANT gov’t interest
Symbolic Speech
~G**E**N**-**I-US
G N - not GREATER than NECESSARY
I - IMPORTANT gov’t interest
U S - UNRELATED to the SUPPRESSION of the message
Broadcast TV regulation
Fine POEtS
can only FINE Patently Offensive and Excretory Speech
