Outline w/ Deff Fed Con law

Question 1

Standing

Answer 1

Personal injury at stake

Question 2

Ripeness

Answer 2

Nothing has happened yet- future

Question 3

Mootness

Answer 3

The case is over has already been decided.- Past

Question 4

Adequate and independent State grounds

Answer 4

• Cant bring to fed court if decision in state court Is based on adequate and independent
  state grounds

o AKA as long as legal justification case was correctly decided based on state
ground cant bring to federal court cause nothing for federal court to decide

Question 5

Congressional Powers

Answer 5

Commerce Clause
Taxing and spending
Necessary and proper clause

Question 6

Commerce clause

Answer 6

Congress has plenary very broad authority to regulate interstate commerce.

o Commerce: goods widgets anything that is going to effect interstate. Anything in
aggregate that effects.

Question 7

Taxing and spending

Answer 7

Congress can tax to raise money for general welfare and spend for general welfare

o Break up tax and spending both for general welfare though: general welfare is
broad- greater good don’t mean benefit everyone.

Question 8

Necessary and proper clause

Answer 8

Enabling clause. Congress can do what is necessary and proper to execute one of the
enumerated powers

-Cant use this clause alone have to use with one of the enumerated clauses.
- Ie necessary and proper to tax spend ect.

Question 9

Supremacy clause

Answer 9

If conflict tween state and fed law fed law wins under supremacy clause.

• Federal law is supreme law of the land.

Question 10

State law vs. Fed law (10th amend & Commandeering

Answer 10

10th amendment- popo power state has power to pass laws for health safety and
welfare of its ppl
- There is no federal police power
- If state and federal law not in conflict state law can be more restrictive but cannot be less restrictive.
Commandeering: Congress cannot require a state to do something.

Question 11

Dormant Commerce Clause

Answer 11

State cannot pass law that discriminates against out of state businesses.

• Except when congress authorizes it- says its ok.
• When state is acting as a market participant: the state runs the business industry there are no private businesses (state dominates that business).

Question 12

Full Faith and Credit

Answer 12

One state law has to be given full faith and credit to other state laws.

o Respect the laws of the other states

Question 13

State Actor

Answer 13

For there to be a violation there must be a state actor- the government must be doing
the action. Private can do whatever they want

Question 14

Equal Protection

Answer 14

Government is doing something that treats people differently.

-Strict: RAN
Gov has burden show necessary and compelling

-Intermediate: Gender, illegitimacy
Gov has burden to show its substantially related to an important interest

-Rational: Everyone else
Plaintiff has burden to show its not rationally related to a legitimate interest

Question 15

Speech

Answer 15

Deff: fundamental right- cant ban but can regulate

2 kinds
Content based: Government is trying to stop any form of you getting your message out.
- Strict scrutiny

Content Neutral: When the government is not trying to stop the message from getting out, there are just
regulating the time, place and manner of the speech.
-Generally will be constitutional if furthers a significant government interest and
leave open alternative means of communication.

Question 16

Religion

Answer 16

Free exercise clause
Every individual shall have the right to exercise their religion any way they choose.

• The government must remain neutral. Constitutional even if effects stops them from practicing as long as gov was neutral as to religion.
• If government is intentionally trying to stop them from practicing their religion that is
  unconstitutional.

Question 17

Due Process

Answer 17

Substantive(all people)- The government is taking away or regulating one of our rights (liberties)
fundamental rights- apply strict scrutiny
- Speech
-Interstate travel
-Right to vote
Right to privacy (CAMPER)
- if not one of these then rational basis applies

Procedural (individual)- When government tries to take away a property right
- Jobs (gov)
- Licenses (gov)
- Benefits (gov)
- You are afforded notice and a hearing. Make sure the right has vested

Question 18

Takings Clause

Answer 18

The government can take private property for public use as long as they pay you just
compensation

AKA FMV (this is the physical taking)

Question 19

Ex Post Facto

Answer 19

When the government is trying to make a law that was legal (lawful conduct) illegal
retroactively.

• AKA: Government is taking conduct that was legal and now making it criminal,
  illegal retroactively.