Con-Law

Front 1

President is considering whether to enter into a international bio-hazardous medical waste removal treaty but, first wants the court's opinion as to whether he has the power to bind future generations to such a treaty.

--can the crt decide this question.

Back 1

No-
= judicial power of article 3 only allows crt to decide on actual cases or controversy.

Front 2

A statute auth. fed. crt to hear claims from contractors performing work for the fed. gov, but the statute also grants the secretary of commerce auth. to set aside any judgement if she deems if not a fair and reasonable.

---should the crt decide.

Back 2

No
= article 3
= must only decided on actual case and controversy.

Front 3

Congress is considering a statute that auth. fed. crt to hear claims

Back 3

claim needs to be

1. ripe.
2. not moot.

Front 4

what are the elements to standing.

Back 4

1. did the gov. act.

2. did you get hurt.

3. can the gov. remedy the issue.

Front 5

Comp. A applies for a license to manufacture special green color hair dye for the government and is turned down. Comp. B applies for the license and get its. Comp A sues to bar the gov. from giving a license to comp B. Does comp A have standing.

Back 5

NO-
1. gov acted
2. A was hurt by the action
3. But now A seeks to not give B a license. This gov act would not fix A problem= unrelated acts.

Front 6

Pl suing as a taxpayer, brings suit to challenge, as a cruel and unusual punishment, a state death penalty statute that allows capital punishment.

--should the crt take the case.

Back 6

--tax payer has no standing in this case because

1. no specific injury to the tax payer.

2. not bringing an issue to about gov. spending powers.

Front 7

Pl suing as a taxpayer challenges the gov. donation of a large airplane to minister Marley. Should the court dismiss the suit.

Back 7

yes--this is not a taxing and spending issue.

Front 8

what are the requirements for supreme crt to review state crt decision.

---------------caveat--------------

Back 8

1. state court same the same law and fed. court.

2. state law uses fed with state and mixes up interpretation.

------------caveat------------------

if state law uses fed. law and the result would be the same. fed. can touch it because = moot point.

Front 9

state crt has ruled anti picketing ordinance violates the state constitution and the first amendment of the fed. constitution. May the supreme crt review the judgement

Back 9

No--state has priority and decision is not up for review.

1. state used its own law.
2. though it has fed. law.
= the outcome would be the same therefore fed. can not review the decision for it would be advisory under article 3.

Front 10

Yr 1, the supreme court holds that state financing of the public edu. based on property taxes does not violate equal protection. IN yr 2 the state supreme crt strikes down the same system of school financing under the state constitution.

--MAy the supreme crt revie the state crt decision.

Back 10

No-
1. state used there own laws.
2. tho interpretation of the laws mimic that of fed.
3. the results would have been the same.
4- therefore not up for review because if review = advisory, moot. under article 3 must be actual case and controversy.

Front 11

what are when the crt can choose not to decide on a case.

Back 11

1. abstention = case challenging state law.

2. political question=

Front 12

what the rule for 11th amendment.

Back 12

person can not sue state in fed. crt.

unless----------------

1. state allows it
2. congress allows it.
---person may sue state officer but not the state it self.

Front 13

what is the requirement to sue a state gov.

Back 13

--if state allows it
or
--fed. allows it.

1. person must be individual/not state employee.

2. df = must be a state.

3. sue must be for $

Front 14

New Hamsphire sues Maine over the disputed territory island of wahoo.

--Does the 11th bar such claim

Back 14

yes. this action is state vs. state.

Front 15

if Sally sues the town of may Berry

--does the 11th amendment bar this suit.

Back 15

yes. town is not a state and the requirement for the 11th amendment is not met.

Front 16

state of wisconsin refuses to pay its employees the minimum wages as required by fed. law. Can sally sue wisconsin for back pay in fed. crt.

Back 16

no 11 amendment does not allow a state to be sue in fed. crt.

unless-
1. state allows it
or
2. fed. law allows it.

Front 17

how can congress makes the states do what they want.

if so under what power.

Back 17

taxing and spending for general welfare.

1. must have gov. interest.
2. not not limit individual rights
3. must be for gen. welfare.

Front 18

what is the 13 amendment

Back 18

slavery = discrimination and racial

both public and private.

Front 19

what is 14 amendment.

Back 19

fed. powers applying to the state.

--can also redefine laws
** but must have gov. action**

Front 20

what is the 15th amendment.

Back 20

protection of the voting rights

both fed. and state.

Front 21

what are congress limitations.

----------caveat------------------

Back 21

Congress can only appoint person who

1. do not make decision

2. congress can fire any of presidents men.

--------------caveat---------------

congress can limit president picking power

1. principal officer
2. inferior officer

--------congress may never directly remove executive officers.---

Front 22

what happens:

Congress creates 6 member election commission to regulate donations, filing of reports and disbursement if fed. funds. To insure the commission will act fairly to all affected, the law provides that the president, the speaker of the house and the senate majority leader shall each appoint two members is this valid.

Back 22

no
--commission are executive officers and congress may never appoint executive officers.

Front 23

what is article 4.

Back 23

privileges and immunities

--state may not discriminate
--put undue burden on international commerce.

--------unless congress allows it--

or has a legit reason for doing it= wealth health and safety.

Front 24

when can a state discriminate the commerce clause.

Back 24

when the state is a buyer or a seller of a commodity.

or if it perfers its own citizens or companies with subsidies.

Front 25

what are the 3 rules for state analysis.

Back 25

1. is there fed. laws already in place

2. does he state law discriminate.
-- if does
a. is state buyer or seller.
b. is state subsiding
3. is the law burdensome on interstate commerce.

Front 26

what is the diff.
13
14
15

Back 26

13 protects against slavery
--can challenge any state action and discrimination.
---states can discriminate if----
2. does he state law discriminate.
-- if does
a. is state buyer or seller.
b. favors corps
c. subsides corps
= must be gov. actor.
____________________

14 =privileges and immunities
--must treat all citizen of different states the same.
--strict scrutiny
--intermediate scrutiny.
--rational basis
= to challenge gov.
----state gov. acting = strict scrutiny.-------------------
***********caveat***********
state may require to b US citizen for policy making or implementing position
**not notary**

_______________________

15th
right to vote.
1. 1 vote = 1 voice.
2. can gerrymander and use race as a factor but cannot be the only factor.
--citizen from one state can move from one to another.
--but fundamental rights can not be denied.
--other rights can wait = lower tuition or other.

Front 27

what are the categories that will get strict scrutiny.

Back 27

race
alienage
illegitimacy
gender.
--can get around this if affirmative action ( retroactive.
--or can show legitimate diff.

Front 28

what does this usually deal with.

what is the rule for overbreath.

Back 28

speech.

usually unconstitutional on its face.

Front 29

what is the rule in prior restraints

Back 29

enjoining speech before it is uttered = greatly disfavored gov must show necessary interests.

Front 30

what is the rule for time, place and manner.

what does this usually deal with.

Back 30

speech.

1. content neutral

2. leave open alternative

3. related to or furthers a gov. interest.

---first come first serve.
= not up to gov. discretion.

Front 31

what is the exception to the usual content of speech.

--gov. can prohibit--

Back 31

1. speech inciting immediate lawless or violate behavior.
= must like immediate lawless behavior.

2. fighting words=
--words have direct tendency to cause acts of violence.

3. obscenity=
three s
1.sex
2.serious value lacking
3. sickening and offensive.
-----caveat------
can direct it
1. time, place
2. or limit availability.

4. libel and defamation and invasion of privacy.

5. Commercial speech.
--restrictive to advance substantial gov. interest = narrowly tailored.

Front 32

what is the regulation for non-public forums.

Back 32

gov. can regulate it far more leniently.

1. gov can limit content to subject property has been limited too.

2. can limit one subject over another as long as viewpoint is neutral.
--can open place to one charity and not another--

2. time, place and manner will be upheld as long as they are reasonable.

Front 33

what can gov. limit public workers.

Back 33

cant fire or punish

1. can limit speech if they are talking as citizen about public concern

2. other than high level (cant hire for fire based on party affiliation.)

---------caveat--------
can limit talk and political activities relating to management and campaigning.

Front 34

what can the gov. limit in terms of speech in school.

Back 34

1. course content.
--limit certain subjects
2. school may set standard of decency.
3. lunch room or hallways = school may punish speech that disrupt school activities.