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1
Q

judicial review

A

power of SC and federal courts to interpret the Constitution

declare legislative and executive acts in violation of the Constitution

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2
Q

article III

A

establishes the judicial branch

involves:
(1) interpretation of the Constitution, federal laws, treaties, admiralty and maritime laws

(2) disputes bw states, states and foreign citizens, and citizens of diverse citizenships

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3
Q

11th amendment = state sovereign immunity

A

federal courst cannot hear cases if a state is the ∆, states have immunity, cannot be sued without consent

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4
Q

exceptions to state sovereign immunity

A

(1) state consents

(2) congress authorizes states to be sued under 14th amendment

(3) seeking injunctive relief against state official = state official has to pay for damages

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5
Q

justiciability

A

types of cases a court can can hear and decide

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6
Q

standing

A

cannot decide a case unless πhas standing

πhas burden to prove
(1) injury in fact
(2) causation
(3) redressability

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7
Q

redressability

A

favorable court decision would redress an issue suffered by π

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8
Q

taxpayer standing

A

no = standing to file federal lawsuit for improper allocation of funds by government

yes = litigate how much taxpayer owes for taxes

yes = governmental spending in violation of the establishment clause

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9
Q

3rd party standing

A

one cannot assert the constitutional rights of others for standing

if claim has their own standing, they can include third party rights
(1) 3rd party is unable to assert their own
(2) there is a special relationship
(3) π injury adversely affects 3rd party relationship

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10
Q

organizational standing

A

when org has suffered injury OR

on behalf of its members
(1) member would have their own standing
(2) interest at state are related to orgs purpose

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11
Q

ripeness

A

case has to be ripe = πexperienced real injury or immediate threat of

federal court cannot consider a claim that is not full developed

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12
Q

mootness

A

case becomes moot if further proceedings would have no effect

no longer a controversy

live controversy must exist at each stage

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13
Q

exception to mootness

A

(1) capable of repeating = pregnancy

(2) voluntary cessation = ∆voluntarily ceases wrongful action

(3) class action = entire class not dismissed bc named party’s claim is moot

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14
Q

advisory opinions

A

will NOT render opinions based on hypothetical facts

actual injury or controvery must exist

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15
Q

political question

A

will NOT rule on poltical matters

(1) constitution has assigned decision making roles to another branch of govt

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16
Q

necessary and proper power

A

congressional power

congress can do anything that is necessary and proper to execute their powers

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17
Q

taxing power

A

congressional power

raise revenue for general welfare

(1) bear some reasonable relationship to revenue production

(2) congress has the power to regulate the activity they are taxing

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18
Q

spending power

A

congressional power

provide for the common defense and general welfare

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19
Q

commerce power

A

congressional power

power to regulate all foreign and interstate commerce

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20
Q

13th 14th and 15th amendment enforcement

A

authorities congress to pass appropriate legislation to enforce the civil rights guaranteed by those amendments

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21
Q

powers of congress

A

taxing
spending
commerce
declare war
foreign affairs
aliens = non citizens
money
federal land

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22
Q

13th amendment

A

ban slavery

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23
Q

14th amendment

A

equal protection and due process

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24
Q

15th amendment

A

voting rights

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25
Q

delegation of legislative power

A

congress can delegate some powers to the president if their is guidance and limitations

and its not explicitly given to congress

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26
Q

powers of the president

A

veto
appointment
pardon
commander in chief
treat power
executive orders
executive agreements

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27
Q

executive privilege and immunity

A

privilege to keep certain communications secret

national security is most important

absolute immunity over civil damages within official responsibilities

no immunity for acts before taking office

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28
Q

impeachment

A

president, vice president, and all civil officers are subject

majority in the House = invoke charges

+ 2/3 = in Senate to convict and remove

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29
Q

10th amendment

A

any power not given to federal government is given to states

+

commandeering clause

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30
Q

supremacy clause

A

federal laws is supreme law of the land

state law can be more restrictive than fed law

state has police power

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31
Q

commandeering clause

A

fed gov cannot require the states to do anything

they can withhold federal fund to make them comply

32
Q

dormant commerce clause

A

limits states ability to burden interstate commerce

states are free to regulate as long as it does not discriminate or unduly burden

33
Q

market participation exception

A

if the state is acting as a market participant THEN state can favor state or local entities

34
Q

full faith and credit clause

A

the judgement on the merits of one state must be given full faith and credit in another state

35
Q

federal immunity

A

states cannot sue federal govt

states cannot tax federal govt

individual cannot sue federal govt unless consent

36
Q

express preemption

A

federal statute or regulation contains language that explicitly says that the law preempts state law

37
Q

implied preemption

A

implies that states are not free to regulate

(1) congress intended to occupy the entire field

(2) state law directly conflicts with federal

(3) state law indirectly conflicts with federal law by creating obstacles

ex. immigration

38
Q

equal protection v due process

A

ep = when the gov treats people differently

dp = gov is taking away or regulating one of our rights

39
Q

state action requirement

A

constitution protects against wrongful conduct by the government, not private parties

exception
- when private person is performing traditionally performed activities by state

  • sufficient mutual contact bw private conduct and govt
40
Q

procedural due process

A

procedural process of taking

no person shall be denied life, liberty, or property without due process of law

fair process is required (notice/hearing)

41
Q

substantive due process

A

substance of law is taking away a right

gov regulation infringes upon a right

scrutiny analysis

42
Q

strict scrutiny

A

fundamental right

GOV must prove that the regulation is the LEAST RESTRICTIVE means to achieve a COMPELLING government interest

43
Q

fundamental rights

A

vote

free speech

interstate travel

right to privacy
- contraceptive
- right to marriage
- procreation
- education (right to private edu)
- right to raise ur fam

44
Q

intermediate strutiny

A

gender + illitgitemcy

GOV must prove SUBSTANTIALLY related to an IMPORTANT gov interest

45
Q

rational basis test

A

everything else including abortion now

CHALLENGER must prove that the regulation is NOT rationally related to any LEGITIMATE government interest

46
Q

procedural due process under 5th v. 14th amendment

A

5th = if fed gov is passing the regulation

14th = state is passing the law enabled by the 14th amendment

47
Q

equal protection

A

14th amendment

prohibits gov from denying citizens equal protection under the law

gov treating ppl differently

48
Q

suspect classification under equal protection

A

strict scrutiny

classification based on race, ethnicity, national origin, alienage

49
Q

quasi-suspect classification under equal protection

A

intermediate scrutiny

gender or legitimacy

50
Q

affirmative action

A

state may implement regulations to remedy past discrimination

not for social discrimination

51
Q

privileges and immunities

A

prohibits states from discriminating against citizens of another state

52
Q

5th amendment

A

takings clause = eminent domain power

govt taking property for public use must pay just compensation

fair market value

53
Q

regulatory taking

A

government limits the legal use of private property to the point that the owner essentially cannot use it

54
Q

per se taking

A

gov regulation clearly results in taking if it results in:

(1) permanent physical occupation of the property

(2) permanent total loss of the property’s economic value

55
Q

exaction as taking

A

govt requires developers to provide certain public benefits to offset the impact of the project to the public

would not violate taking clause

(1) legitimate interest
(2) proportional burden

56
Q

contracts clause

A

prohibits states from passing laws that interfere with private contracts

57
Q

ex post facto laws

A

refer to criminal statute that punishes actions retroactively

punishing past actions = legal when they did it

gov cannot do it

58
Q

bills of attainder

A

declares a person or group guilty of a crime and punishes them without trial

state and federal govt cannot do it

59
Q

first amendment = free speech

A

fundamental right

includes symbolic acts

60
Q

overbreadth doctrine

A

statute can be struck down if it is written so broadly that it deters free speech

61
Q

void for vagueness doctrine

A

statute is void if it does not put the public on reasonable notice as to what is prohibited

has to be clear what what is punishable

62
Q

prior restraints = censorship

A

govt action that prohibits speech or expression before it happens

generally unconstitutional unless preventing harm

ex. newspaper cannot publish troop movements

63
Q

content-based regulations

A

discriminates against speech based on the substance of what it communicates

strict scrutiny

64
Q

content neutral regulations

A

regulating the time, place, and manner of the speech NOT SUBSTANCE

intermeditate scrutuniy

public forum vs. nonpublic form

65
Q

public forum for content-neutral reg

A

devoted to public discourse either traditionally or by governmental designation

streets, sidewalks, parks

intermediate scrutiny

(1) are content nuetral
(2) narrowly tailored
(3) leave open alternative channels of communication

66
Q

limited public forum and nonpublic forum for content-neutral reg

A

billboards, signs, buses

(1) viewpoint neutral
(2) reasonably related to legitimate government interest

67
Q

unprotected speech

A
  • obscenity
  • clear and present danger
  • fighting words
  • false and misleading information
  • defamatory speech
  • some commercial speech
68
Q

obscenity

A

average person, using community standards, would find it offensive

lacks serious literally, artistic, scientific, or political value

69
Q

clear and present danger

A

incites immediate violent action by a group

70
Q

fighting words

A

hard words used to incite an average person to commit violence

71
Q

unprotected commercial speech

A

commercial speech that proposed unlawful activity or is false or misleading

72
Q

freedom of association

A

right of individuals to interact and organize among themselves to collectively express, promote, and defend their interest

73
Q

free exercise clause

A

congress cannot make laws that prohibit free exercise of religion or the establishment of religion

strict scrutiny

74
Q

establishment clause

A

prohibits gov from establishing a religion or favoring one religion over another

neutrality bw religion and nonreligious actions

75
Q

speech and debate clause

A

protects members of Congress from statements and conduct made in the regular course of the legislative process

76
Q
A

Constitutional Law (1 decks)

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