Federal Constitutional Law Flashcards
Pardon power belongs to the
executive
Commerce clause falls under
legislative branch
Veto power belongs to
executive
Taxing power belongs to
legislative branch
Appointment power belongs to
executive
Spending power belongs to
legislative branch
The commander in chief is the
executive
Coin money falls under
legislative branch
Executive orders and agreements are made by
executive
Federal lands are overseen by
legislative branch
War is declared by
legislative branch
The difference between executive order and agreements is __-
executive orders are domestic and agreements are international
Executive orders/agreements cannot conflict with
federal law
President can appoint ___
anyone with executive power
Executive power means someone has the power to
make rules, regulations, or prosecute
Congress cannot ____ to the S. Ct
send an original case
What types of courts can congress create
lower federal courts
Congress has jurisdiction over ____ cases
appellate
Supremacy clause
when federal law conflicts with state law. federal law wins
State laws can be ____ than federal law, but not less
more restrictive
State’s rights (10th amendment)
When there is no federal law on a subject, states can exercise police power to provide for the health, safety, and welfare of their citizens
Congress does not have ____ power
federal police
Congress cannot pass a law for the _____
general welfare
Congress can ___ and ____ for the general welfare
tax and spend
Commandeer rule
congress shall not require a state to do anything
Privileges & Immunities Clause
when one state discriminates against residents of another state (non-residents) BECAUSE they are not residents
Equal Protection
When a statute treats people differently from other people
If people are race, alienage, national origin we apply
strict scrutiny
With strict scrutiny, the govt. has burden to prove ___
law is necessary to achieve compelling interest
If people are gender, illegitimacy we apply
intermediate scrutiny
With intermediate scrutiny, govt. has burden to prove ___
law substantially related to important interest
If people are anyone else we apply
rational basis
With rational basis, plaintiff has burden to ___
show that the law is not rationally related to legitimate interest
Due process
no person shall be deprived of life, liberty, and property without due process of law
Two types of DP
liberty = substantive property = procedural
Procedural DP rights
If property is taken away, person has right to notice and hearing
Property right questions often involve losing ___
job, license, benefits (public)
Substantive DP is when a statute
deprives all people of doing something
If fundamental right is restricted we apply
strict scrutiny
Fundamental rights are
right to vote, right to free speech, right to interstate travel, contraception, abortion (undue burden), marriage, procreation, education (private), right to raise your family
If non fundamental right is restricted we apply
rational basis
Free exercise of religion
INDIVIDUAL has right to exercise their religion any manner they choose, as long as they do not violate Law. Look for INTENT behind the law govt is making.
Establishment clause
Government is making a law that is too closely related to religion
Lemon test for establishment clause Q’s
1) Statute has secular purpose– why is govt. doing this?
2) Govt. cannot promote or inhibit particular religion
3) Govt. cannot get too “entangled” with religion
First amendment
right to free speech
Govt. cannot ban speech, but they can
regulate speech
Content based regulation
Govt. is regulating the words people are saying and we apply strict scrutiny
Content neutral regulation
Govt. is regulating the time, place, and manner and we apply intermediate scrutiny. As long as the message gets out, it is reasonable
Limitations on bringing cases to court
- Standing
- State action - D must be state actor
- 13th amendment- exception to state action
- Mootness
- Ripeness
13th amendment exception to state action
allows for a private individual or company to be held liable if the discrimination is based on race. Must be EXPLICIT racial discrimination.
Mootness, ripeness are also called
no case or controversy
Dormant commerce clause
State is passing a law that discriminates against out of state businesses – generally unconstitutional – exception is if the state who passed the law is acting as market participant which means that the state runs the business (there are no private companies the state runs the whole industry)
Bill of Attainder
law that names an individual or group of people and punishes them with civil or criminal penalties – unconstitutional
Ex-Post Facto
– a law that makes contact that was legal retroactively illegal – unconstitutional
14th amendment applies to
states
5th amendment applies to
federal government
