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SJC Essentials > SJC Essentials > Flashcards

SJC Essentials Flashcards

1
Q

Article I, Section I

A

Legislative Powers to House and Senate

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2
Q

Article I, Section 2

A

House

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3
Q

Article I Section 3

A

Senate

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4
Q

Article I Section 4

A

State Legislators set rules for elections except Congress May alter except as to places for chusing Senators

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5
Q

Article I section 5

A

Congressional procedures

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6
Q

Article I Section 7

A

All bills for raising revenue start in House, veto, overriding veto

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7
Q

Article 1, section 8

A

Tax, borrow, regulate commerce, naturalization, coin money, punish counterfeit, post office and post roads, promote progress of science and useful arts, patents copyrights, constitute inferior courts, declare war, raise army and navy, call the militia to suppress insurrection and repel invasions, necessary and proper

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8
Q

Article 1 section 9

A

No habeas corpus suspension; no title of nobility

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9
Q

Article I, section 10

A

Prohibits states from entering treaties, coin money, impose duties

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10
Q

Article 2 Section 1

A

Executive powers invested in president and electoral college

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11
Q

Article 2 section 2

A

Commander in chief, make treaties with advice and consent, nominate with advice and consent appoint ambassadors judges and all other officers as provided by law

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12
Q

Amendment 1

A

Free speech, press, exercise of religion, no establishment of religion, petition, assembly

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13
Q

Amendment 2

A

Right to bear arms

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14
Q

Amendment 3

A

Prohibit quartering of soldiers

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15
Q

Amendment 4

A

No unreasonable search and seizure and no warrant shall issue without probable cause

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16
Q

Amendment 5

A

Right to remain silent, grand jury, due process, double jeopardy, right to compensation for seizure of property (takings)

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17
Q

Amendment 6

A

Speedy and public trial by jury in state and district where crime occurred; informed of charges; confrontation; compulsory process; assistance of counsel

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18
Q

Amendment 7

A

Jury trial right for civil matters greater than $20 except as provided in common law

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19
Q

Amendment 8

A

Excessive Fines or bail; cruel or unusual punishment

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20
Q

Amendment 9

A

Non-enumerated rights retained by people

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21
Q

Amendment 10

A

Rights preserves for States and people

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22
Q

Amendment 11

A

Limits the circumstances under which a State can be brought into federal court as a defendant

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23
Q

Amendment 12

A

Election of President and Vice president

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24
Q

Amendment 13

A

Abolition of slavery

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25
Q

Amendment 14

A

Privileges or immunities and due process; equal protection, apportionment (remove 3/5), civil war debt

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26
Q

Amendment 15

A

Cannot deny right to vote based on race

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27
Q

Amendment 16

A

Income tax

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28
Q

Amendment 17

A

Popular election of senators

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29
Q

Amendment 18

A

Prohibition

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30
Q

Amendment 19

A

Women’s vote

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31
Q

Amendment 20

A

Presidential term, succession, assembly of congress

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32
Q

Amendment 21

A

Repeals prohibition

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33
Q

Amendment 22

A

Two year term limit for President

34
Q

Amendment 23

A

Gives DC electors

35
Q

Amendment 24

A

Eliminate poll tax

36
Q

Amendment 25

A

Incapacity and succession

37
Q

Amendment 26

A

Voting age 18

38
Q

Amendment 27

A

Limits congressional compensation to the following Congress

39
Q

Article 2, Section 3

A

State of union

40
Q

Article 2, section 4

A

Impeachment for removal

41
Q

Article 3, section 1

A

Judicial power in Supreme Court and inferior courts authorized by Congress

42
Q

Article 3, section 2

A

Jurisdiction over types of cases; trial of all crimes by jury

43
Q

Article 3, section 3

A

Defines treason

44
Q

Article 4, Section 1

A

Full faith and credit

45
Q

Article 4, section 2

A

Privileges and immunities clause; extradition of treason and slaves state to state

46
Q

Article 4, section 3

A

Governs new states and territories;

47
Q

Article 4, section 4

A

Guarantees all states have a republican form of government

48
Q

Article 5

A

Amendments process—2/3 both house of Congress for a convention, then ratification by 3/4 of states by legislators, convention, or any other modes proposed by Congress

49
Q

Article 6

A

Supremacy clause; debts are valid; oath will not require religious test

50
Q

Heller

A

2d amendment guarantees individual right to bear arms, but that right is not “unlimited”

51
Q

MacDonald

A

Individual right to bear arms applies to the States

52
Q

Bruen

A

Government must show burden is rooted in a traditional restriction in this country

53
Q

Burwell v Hobby Lobby

A

1). Person under RFRA includes for profit corporation
2). HHS contraceptive mandate substantially burdened free exercise
3). Strict scrutiny failed because not least restrictive means of furthering the assumed compelling government interest of providing free contraception

54
Q

Masterpiece Cake Shop v Colorado civil rights commission

A

Cease and desist order for refusing to bake cake for gay wedding Violated Free Exercise Clause’s requirement of neutrality; hostility indicated in public hearings and disparate treatment of three other bakes that had refused cakes that were derogatory of same sex marriage

55
Q

Espinoza v Montana

A

“No aid” to sectarian schools provision violated free exercise clause because it imposed a burden based on religious status and not a compelling interest (greater separation of church and state than federal constitution)

56
Q

Our Lady Guadalupe v Morrissey-Berru

A

Free Exercise and Establishment Clauses prohibit courts from considering employment discrimination claims brought by employees of religious school (extending ministerial exception of Hosanna Tabor to teachers at religious schools)

57
Q

Tandon v Newsom

A

State restrictions on private gatherings contained myriad exceptions for secular activities triggered strict scrutiny for violation of free exercise clause so emergency injunctive relief granted

58
Q

Kennedy v Bremerton

A

Suppression of Coach’s private prayers after games violated both free speech and free exercise clauses; could not be justified by need to avoid an Establishment Clause violation

59
Q

Carson v makin

A

School funding rule not neutral so triggered strict scrutiny and could not be justified as a use based v status based restriction

60
Q

Bostock v clayton County

A

employer violates Title VII, which makes it unlawful to discriminate against an individual “because of” the individual’s sex, by firing an individual for being homosexual or being a transgender person

61
Q

June Medical Services v Russo

A

Louisiana’s Unsafe Abortion Protection Act requiring every doctor who performed abortions to have active hospital admitting privileges at a hospital within 30 miles of where abortions were performed or induced unconstitutional burden on abortion access (abrogated by Dobbs)

62
Q

Whole Woman’s Health v Jackson

A

No case or controversy in injunctive relief sought against state judges and clerks who might have to enforce Texas anti abortion law. 11th Amendment bars suit as ex parte young does not provide exception for judges and clerks; also judges and clerks not adverse to plaintiff so no justiciable case or controversy

63
Q

Dobbs

A

Overturning Roe

64
Q

West Virginia v EPA

A

Pursuant to the “major questions doctrine,” in certain extraordinary cases involving grants of regulatory authority, in which the history and the breadth of the authority that the agency has asserted and the economic and political significance of that assertion provide a reason to hesitate before concluding that Congress meant to confer such authority, both separation of powers principles and a practical understanding of legislative intent make the Supreme Court reluctant to read into ambiguous statutory text the delegation claimed to be lurking there; to convince the Court otherwise, when an agency asserts highly consequential power beyond what Congress could reasonably be understood to have granted, something more than a merely plausible textual basis for the agency action is necessary, and the agency instead must point to “clear congressional authorization” for the power it claims.

65
Q

Washington v Glucksberg

A

The Court’s established method of (14th amendment) substantive-due-process analysis has two primary features: First, the Court has regularly observed that the Clause specially protects those fundamental rights and liberties which are, objectively, deeply rooted in this Nation’s history and tradition (implicit in concept of ordered liberty) E.g., Moore v. East Cleveland, 431 U.S. 494, 503, 97 S.Ct. 1932, 1937–1938, 52 L.Ed.2d 531 (plurality opinion). Second, the Court has required a “careful description” of the asserted fundamental liberty interest. E.g., Reno v. Flores, 507 U.S. 292, 302, 113 S.Ct. 1439, 1447, 123 L.Ed.2d 1.

66
Q

Griswold v Connecticut

A

Penumbra—unenumerated right drawn from multiple amendments (1,3,4,9)

67
Q

Janus

A

Overturn precedent: 1-nature of court’s error, 2-strength of reasoning, 3-workability, 4-effect on other areas, 5-reliance, 6-consistency with other related decisions 7-developments since decision was issued

68
Q

Standing (Lujan)

A

1). Plaintiff suffered injury in fact
2). Causal connection between injury and conduct before the court
3) likely, not speculative, that favorable decisions by the court will redress the injury

69
Q

McCulloh v Maryland

A

Congress had authority to establish national bank under necessary and proper clause and Maryland could not constitutionally tax instruments of national government employed in execution of constitutional powers

70
Q

Pullman

A

Abstention doctrine where case may be mooted or placed in a different procedural posture by a pending state case—based on giving state courts the ability to consider important questions of state law

71
Q

Younger

A

Abstention where pending state criminal case later expanded to non criminal cases when important state interests are involved

72
Q

Burford

A

Burford allows a federal court to dismiss a case only if:

The case presents “difficult questions of state law bearing on policy problems of substantial public import whose importance transcends the result in the case then at bar,” or
The adjudication of the case in a federal forum “would be disruptive of state efforts to establish a coherent policy with respect to a matter of substantial public concern.”

73
Q

Colorado River

A

Abstention in exceptional circumstances for wise judicial administration

74
Q

Colorado River

A

Abstention is appropriate in “exceptional circumstances” due to the presence of a concurrent state proceeding for reasons of wise judicial administration.

75
Q

Mapp v Ohio

A

Illegally seized evidence not permitted at trial

76
Q

Daubert Standard

A

1). Whether the theory or technique in question can and has been tested
2). Whether it has been subjected to peer review and publication
3). It’s known or potential error rate
4). The existence and maintaining of standards controlling its operation
5). Whether it has attracted widespread acceptance within the relevant scientific community
(TPESA)

77
Q

Grand jury composition

A

16-23 members, 12 for indictment

78
Q

Rooker-Feldman Doctrine

A

Prohibits lower federal courts from hearing direct appeals from state courts (28 USC s 1257) unless Congress has specifically authorized such an appeal

79
Q

Right to travel domestically

A

1). Right to go from state to state (edwards v California)
2). Right to enjoy privileges and immunities in every state visited (art 4 sect 2)
3). Right of newly arrived citizens to have same privileges and immunities as a state resident (14th amendment)

Saenz v Roe

80
Q

“Historical” approach to Establishment

A

(1) “the government exerted control over the doctrine and personnel of the established church,” (2) “the government mandated attendance in the established church and punished people for failing to participate,” (3) “the government punished dissenting churches and individuals for their religious exercise,” (4) “the government restricted political participation by dissenters,” (5) “the government provided financial support for the established church, often in a way that preferred the established denomination over other churches,” and (6) “the government used the established church to carry out certain civil functions, often by giving the established church a monopoly over a specific function.”

SJC Essentials (2 decks)

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