Judicial Review Flashcards
11 Amendment
The eleventh amendment prohibits federal courts from hearing most private actions against state governments. This prohibition includes actions in which the state is named as a party.
11th Amendment Exception
Although the eleventh amendment prohibits most private actions against state governments, private parties may bring actions to enjoin an officer from future conduct that violates Constitutional or federal law.
Dormant Commerce Clause
State or local regulations that discriminate against interstate commerce to protect local economic interests are almost always invalid as violations of the negative implications of the Commerce Clause. For a regulation to discriminate against interstate commerce, it must treat economic interests from within the state differently from economic interests outside the state.
A state or local government may regulate local aspects of interstate commerce if the regulation: 1) does not discriminate against out of state competitors; and is 2) not unduly burdensome (the incidental burden on interstate commerce does not outweigh the legitimate local benefits produced by the regulation).
1st Amendment Protections
The First Amendment to the United States Constitution guarantees the freedom of speech and assembly. Under the First Amendment, regulations on the content of speech are subject to strict scrutiny and therefore are generally invalid. However, the government may regulate the conduct of speech with time,place and manner restrictions. A time, place and manner regulation of speech in a public forum must be 1) content neutral; 2) be narrowly tailored to serve a significant governmental interest; and 3) leave open alternative avenues of communication. If instead the regulation is content based, it will be subject to strict scrutiny.
Market Participant Exception
Although, discriminatory regulations are almost always invalid under the Dormant Commerce Clause, an exception exists for when states act as market participants. The Commerce Clause does not prevent a state from preferring its own citizens when the state is buying or selling goods or services.
Equal Protection Clause of the 14th amendment
The Equal Protection Clause of the 14th amendment prevents states from unfairly treating similarly situated persons differently.
Strict scrutiny
To prevail under strict scrutiny, the government must show that the law is the least reastrictive means to acheive a compelling government interest. Ssucpect classes include race, alienage
Rational basis review
To prevail under rational basis review, a challenger must show that the law is not rationally related to any legitimate government interest.
Intermediate Scrutiny
To prevail under intermediate scrutiny, the government must show that the law is substnatially related to an important government interest. Quasi Suspect classes include gender, legitimacy, undocumented alien children (possibly).
Fifth Amendment (Takings Clause)
The Fifth amendment prohibits the governmental taking of private property for public use without just compsensation. While the government must fairly compensate an owner when her property is taken for public use, it need not pay compensation for mere regulation of property. A taking will almost always be found if there is an actual physical appropiation or destruction of a person’s property.
Takings Clause Exception
Forced conveyances usually violate the takings clause. However, a city can impose such a requirement if 1) a close nexus exists (the government can show that the condition relates to a legitimate government interest) and 2) proportionality exists (the adverse impact of the proposed building/development on the area is roughly proportional to the loss caused ot the property owner from the forced transfer of occupation rights).
Taxing and Spending for the General Welfare
The Constitution grants Congress the power to spend for the general welfare. This spending may be for any public purpose. The Supreme Court has held that Congress may put conditions on the grant of money so long as the conditions; 1) are clearly stated; 2) relate to the purpose of the program; and 3) are not unduly coercive.
Commerce Clause
The Commerce Clause gives congress the power to regulate 1) the channels of interstate commerce, 2) the instrumentalities of interstate commerce, and 3) the activities that have a substantial effect on interstate commerce.
Commerce Clause: three prong test
If the activity regulated is economic or commercial, it will be upheld if Congress could rationally conclude that the activity in aggregate, substantially affects interstate commerce. However, if the activity is intrastate and is noncommercial and noneconomic, it will be upheld under the Commerce Clause only if Congress can make a factual showing that the activity has a substantial effect on interstate commerce, without the aggregation of the effects.
Abrogation
The Supreme Court has held that Congress can abrogate sovereign immunity under Section 5 of the Fourteenth Amendment, but it has no power to abrogate sovereign immunity under the commerce clause.
Justiciability
Whether a lawsuit is capable of judicial resolution as a case or controversy.
Advisory Opinions
Federal Courts may not issue advisory Opinions which lack an actual dispute between adverse parties or any legally binding effect on the parties.
