EW Constitutional Law

Question 1

Lemon PEE

Answer 1

Establishment Clause - A law will be found constitutional unde the Lemon test if it:
P = Purpose - puposr is secular (non-religious)
E = Effect - effect does not advance nor inhibit religion (though advancing religious is the focus)
E = Entanglement - does not cause excessive entanglement with religion

Question 2

FIDO

Answer 2

Unprotected Speech:
F = Fighting Words 
I = Incitement
D = Defemation
O = Obscenity

Question 3

Obsenity depends on your POV

Answer 3

Definition of Miller Obsenity:
P = prurient interest
O = Offensive sexual conduct (as defined by state law)
V = Valueless in a literary, artistic, political or scientific way

Question 4

BFP’s are fundamental to due process

Answer 4

Fundamental rights for substantive due process purposes break down further into three broad catergories:
B = Bodily intergrity matters - right to refuse medical treatment; right to recieve medical treatment while incarcerated
F = Family matters - marriage, divorce, blood relatives live together, raise & education children
P = Procreation matters - avoid sterilizationm access to contraceptives, abortion, but not sexual orientation

Question 5

Article III Courts

Answer 5

The federal system created pursuant to Article III of the Constitution, which consists of the Supreme Court, the courts of appeal, the federal district courts.
The Supreme Court was established directly by the Constitution, and the lower courts were established by Congress pursuant to power contained in Article III of the Constitution. They are governed by certain strict constitutional rules.

Question 6

Article I Courts

Answer 6

Courts set up by Congress under its Article I power. An example is a military courtsmartial. The rules governing these courts are established by Congress and are much more flexible than for Article III Courts.

Question 7

State Courts

Answer 7

State courts are created and governed by state law. It is said state courts have concurrent jurisdiction with the federal courts to enforce the federal claims. Unless Congress explicitly vests exclusive jurisdiction in the federal courts, (as it does with securities laws), the state courts can hear claims arising from federal constitutional or statutory provisions.
State courts generally have no discretion to refuse to adjudicate federal claims.

Question 8

Art III Court Jurisdiction (except SC)

Answer 8

1) cases arising under the Constitution, federal laws, and treaties;
2) cases affecting foreign governments or foreign ambassadors, public ministers, and consuls;
3) admiralty and maritime cases;
4) controversies to which the United States is a party; and
5) cases based on diversity of state citizenship

Question 9

Supreme Court - Original Exclu. Jurisdiction

Answer 9

SC must take the case - no other court can hear it

1) cases in which a state is a party (e.g. controversies btw states), and
2) cases affecting ambassadors or other representatives of foreign governments.

Question 10

Supreme Court - Original Concurr. Jurisdiction

Answer 10

SC has discretion whether to take the case or not

1) controversies between the United States and a state;
2) actions by a state against the citizens of another state or against aliens; and
3) actions to which ambassadors, other representatives of foreign states are parties.

Question 11

Supreme Court - Appellate Jurisdiction

Answer 11

The Supreme Court has appellate jurisdiction over decisions from both federal courts and state courts.

1) Fed court decisions: by By Writ of Certiorari. or by appeal from 3 judge federal panel
2) State court decisions: exhaustion required with a few exceptions

Question 12

Pendant Juridiction

Answer 12

Federal courts have jurisdiction to hear a claim over which it does not have jurisdiction in if it is connected with a claim over which the Court has jurisdiction, such as a federal question jurisdiction.

Question 13

Article III Judges

Answer 13

1. Appointed by the President and confirmed by the Senate
2. lifetime appoints and can only be impeached for treason, bribery, other high crimes and misdemeanors
3. compensation of federal judges may not be reduced during their term in office

Question 14

Sovereign Immunity

Answer 14

Based on the 11th amendment, limits the ability of citizens to sue a state for monetary damages. Civil rights violations are a exception to this immunity from suit.

Question 15

Sovereign Immunity Does Not Apply to States

Answer 15

1) Suits by federal government for $ and/or injunctive relief for violating federal law
2) Suits by private individuals suing the state official enforcing the unlawful law for injunctive relief
3) Suits by private individuals suing the political subdivision of a state official enforcing the law for $$
4) Suits by private individuals suing the state official enforcing the unlawful law for &&& damages
5) State waives its sovereign immunity

Question 16

Judicial Review

Answer 16

Power asserted by the SC in marbury v. Madision for federal courts to declare acts of other branches unconstitutional