Constiutional MBE Mnemonics Flashcards
Judicial Standing “RAMPS”
R Ripe A not an Advisory opinion M not Moot P not a Political question S Standing "CRI"
Standing “CRI”
C Causation
R Redressability
I Injury
Other Standing Issues “NOT ET”
N Next-Friend Doctrine O Organization on behalf of members T Third-Party Standing E to Enforce Government Statute T Taxpayer or citizen standing
Limits of State Immunity from Federal Review (11th Amendment) “AWOL”
A unconstitutional Acts of state officials
W Waived by state government
O Only to prevent protection violations
L allowed by congress through Legislation
Federal Preemption/Intent to Occupy “FAHU”
F comprehensive Federal scheme
A federal Agency created to administer
H Historically federally run
U Uniformity is needed
Reasons a Statute Statute Could Be Unconstitutional “SPEC SPEC VB”
S Substative due process P Procedural due process E Ex post facto C Commerce clause S Supremacy clause P Privileges and immunities clause E Equal protection violation C Contract clause V Vague B Bill of attainer
A State Statute is Constitutional If: “PIT”
P Police power
I rationally related Interest
T Tenth amendment
Speech Where Intermediate Scrutiny Applies “CBS NBC Z”
C Commercial speech B Broadcast requirements S Symbolic speech N Neutral-time, place, manner B Ban on nude dancing in public C Campaign contributions Z Zoning (porn shopts, xxx)
Speech Issues “SOUT T”
S Symbolic acts O Overbreadth and vague U Unprotected speech " AP SLAP" P Prior restraints T Time, place, manner
Unprotected Speech “AP SLAP”
A Appeals to prurient sex interest P Protrays sex S lack Scientific value L lacks Literary value A lacks Artistic quality P reasonable Person standard
Due Process Balancing Test “IRA”
I Intereset affected
R Risk of error
A Additional cost to government
