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81 Cards in this Set
- Front
- Back
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LIST LEVELS OF SCRUTINY FOR DISCRIMINATION CASES
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Strict Scrutiny
Intermediate Scrutiny Rational Basis Test |
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DEFINE STRICT SCRUTINY
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Law necessary to achieve COMPELLING government purpose
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DEFINE INTERMEDIATE SCRUTINY
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Law substantially related to IMPORTANT government purpose
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DEFINE RATIONAL BASIS TEST
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Law is rationally related to LEGITIMATE government purpose
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LIST JUDICIABILITY REQUIREMENTS
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Standing
Ripeness Mootness Political Question |
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DEFINE STANDING
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Whether the party is property to bring a matter
Need injury, causation, and redressability |
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DEFINE THIRD PARTY STANDING
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where plaintiff who meets other standing requirements can bring third party claim, but only if there is a sufficiently close relationship where the plaintiff can be trusted to meet interests of the third party
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DEFINE RIPENESS
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Look at hardship plaintiff will suffer without pre-enforcement review; greater the hardship, more willing court will be to hear the case and consider it to be ripe
Need injury in fact, demonstrate that injury was caused by defendant, and then allege that the injury is most favorably addressed by a court ruling |
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DEFINE MOOTNESS
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Plaintiff must present a live, ongoing injury in all stages of the case
wrongs capable of repetition, but evading review are allowed when injuries happen over and over again, but the injuries have short timeframes between them before happening again |
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DEFINE POLITICAL QUESTION DOCTRINE
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refers to allegations of violations that the federal courts will not adjudicate
NONJUDICIABLE UNDER POLITICAL QUESTION: cases under Republican Form of Govt clause, cases challenging Presidential foreign policy, cases challenging impeachment, and cases challenging partisan gerrymandering |
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DEFINE DISCRETE/INSULAR MINORITIES
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Carolene Products carved out new role for SCOTUS
Reduced the degree of judicial scrutiny applicable to economic regulation: Distinguishes economic matters from other matters (discrete and insular minorities need strict scrutiny and we must look at the reasons for legislation regarding discrete/insular minorities to see whether there is a compelling state interest in keeping the legislation in effect) |
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DEFINE MARBURY V. MADISON
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Supreme Court has power, implied from Article VI, §2 of Constitution, to review acts of Congress and, if they are found repugnant to Constitution, to declare them void
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DEFINE INTERPRETIVISM/TEXTUALISM
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What is the “plain meaning” of constitutional language? How would a reasonable person in framer’s era have understood it?
Items in series are presumed to be of same kind One part of sentence cannot be construed in a way that renders another part unnecessary |
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DEFINE PLESSY V. FERGUSON
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Segregation of races is reasonable if based upon the established custom, usage, and traditions of the people in the state
13th amendment not violated because distinguishing between race has no tendency to destroy equality or reestablish servitude |
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DEFINE PLESSY (HARLAN DISSENT)
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Statutes based on race are inferring inferiority, and therefore unconstitutional
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DEFINE HIRABAYASHI
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The Court held that the application of curfews against members of a minority group was constitutional when the nation was at war with the country from which that group originated.
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DEFINE BROWN V. BOARD
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The “separate but equal” doctrine has no application in field of education, and segregation of children in public schools based solely on race violates Equal Protection Clause
14th amendment couldn’t have directly applied to public education since public education did not exist at the time 14th amendment was adopted |
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DEFINE BOLING V. SHARP
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Racial segregation in the public schools of the District of Columbia is a denial to children of the due process of law guaranteed by the Fifth Amendment.
Carolene Products test used |
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Swann v. Charlotte-Mecklenburg
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Busing is constitutional
Gave district court substantial discretion to fashion a rememdy and shifted burden to school to show why racial disparities exist (presumption of unconstitutionality) |
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DEFINE BARRON V. BALTIMORE
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Bill of Rights doesn't apply to states
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DEFINE SLAUGHTER HOUSE CASES
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Privileges and immunities of citizenship of the United States were to be protected by the Fourteenth Amendment not privileges and immunities of citizenship of a state.
Contravened intent of framers to not support application of the Bill of Rights to states made PorI clause defunct |
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DEFINE MUGLER V. KANSAS
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Due process protects more than procedural rights; also protects substantive rights
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DEFINE PALKO V. CONNECTICUT
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Only 1st 8 amendments are applied to states through 14th amendment due process (implicit to the concept of ordered liberty)
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DEFINE ADAMSON V. CALIFORNIA
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Refers to incorporation doctrines of the Bill of Rights
Partial Incorporation, Full Incorporation, Incorporate with extra rights too |
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LIST INCORPORATION DOCTRINES
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Partial Incorporation, Full Incorporation, Incorporate with extra rights too
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DEFINE PARTIAL INCORPORATION
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Like in Adamson, things are only partially incorporated and apply to fed but not state
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DEFINE FULL INCORPORATION
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Everything is incorporated, Justice Black says we shouldn't be able to pick and choose
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DEFINE MURPHY INCORPORATION
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Incorporate but let courts create new rights too
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DEFINE LOCHNER V. NEW YORK (right to K)
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14th Amendment protects right to contract as "liberty"
To be fair/reasonable/appropriate use of a state’s police power, an act must have a direct relation, as a means to an end, to an appropriate and legitimate state objective |
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DEFINE WILLIAMSON V. LEE OPTICAL (right to K)
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The Court held that state laws regulating business will only be subject to rational basis review, and that the Court need not contemplate all possible reasons for legislation
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DEFINE KELO V. LONDON (takings clause)
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Governmental economic development constitutes a “public use” under 5th amendment
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DEFINE PENN CENTRAL V. NY (takings clause)
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A city may, as part of a comprehensive landmark preservation scheme, place restrictions on development affecting the landmark without paying “just compensation”
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DEFINE LUCAS V. SC (takings clause)
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Where regulation prohibits all economically beneficial use of land, and proscribed use could not have been prohibited under nuisance law, the regulation is a taking which requires just compensation to be paid to the landowner
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DEFINE REYNOLDS V. SIMS (voting)
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States are required, because of Equal Protection, to apportion both houses of state bicameral legislature via actual population
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DEFINE BUSH V. GORE (voting)
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State cannot arbitrarily value or discern intent of one person's vote over another
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DEFINE CRAWFORD V. MARION COUNTY (voting)
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Voters showing ID requirement is constitutional
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DEFINE SAN ANTONIO V. RODRIGUEZ (basic rights)
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State financing law based on property tax rates doesn't violate Equal Protect
Egalitarian argument: wealth is not a suspect class Substantive argument: education isn't a fundamental/explicit/implicit right we can use strict scrutiny for |
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DEFINE EDGEWOOD V. KIRBY (basic rights)
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Children in rich and poor school districts must be afforded a substantially equal opportunity to have access to education funds
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DEFINE PLYER V. DOE (basic rights)
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Discrimination on the basis of immigration status did not further a substantial state interest
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DEFINE SHAPIRO V. THOMPSON (right to travel)
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The fundamental right to travel and the Equal protection clause forbid a state from reserving welfare benefits only for persons that have resided in state for at least year.
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DEFINE SAENZ V. ROE
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CA welfare restrictions based on residency
Durational residency requirements violate the fundamental right to travel by denying a newly arrived citizen the same privileges and immunities enjoyed by other citizens in the same state, and are therefore subject to strict scrutiny |
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LIST FUNDAMENTAL PRIVACY RIGHTS
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Contraception
Abortion Consensual Sexual Activity Right to Marry Right to Die |
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DEFINE POE V. ULLMAN (contraception)
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Law barring possession of birth control not ripe because of lack of enforcement.
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DEFINE GRISWOLD V. CONNECTICUT (contraception)
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The right to mental privacy, although not explicitly state in Bill of Rights, is a penumbra, formed by certain other explicit guarantees; as such, it is protected against state regulation which sweeps unnecessarily broad
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DEFINE ROE V. WADE
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The right of privacy found in 14th Amendment concept of personal liberty and restrictions upon state action is broad enough to encompass a woman’s decision whether or not to terminate her pregnancy (strict scrutiny, right of privacy is a fundamental right, so state needs compelling interest)
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DEFINE PLANNED PARENTHOOD V. ASHCROFT (abortion)
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A law is unconstitutional as undue burden on woman’s right to an abortion before fetal viability if the law places a substantial obstacle in path of a woman seeking to exercise her right
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DEFINE WEBSTER V. REPRODUCTIVE (abortion)
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Statute that required physician do test to determine gestational age of the fetus was upheld due to an adequate state interest in doing the test
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DEFINE PLANNED PARENTHOOD V. CASEY (abortion)
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A Pennsylvania law that required spousal notification prior to obtaining an abortion was invalid under the Fourteenth Amendment because it created an undue burden on married women seeking an abortion. Requirements for parental consent, informed consent, and 24-hour waiting period were constitutionally valid regulations.
Distinguished Roe 1) Recognition of right of woman to choose to have an abortion before viability and to obtain it without undue interference from the State, 2) State’s power to restrict abortions after fetal viability, if the law contains exceptions for pregnancies which endanger a woman’s life or health, 3) State has legitimate interests from the outset of the pregnancy in protecting the health of the woman and the life of the fetus that may become a child |
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DEFINE BOWERS V. HARDWICK (consensual sex)
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A Georgia law classifying homosexual sex as illegal sodomy was valid because there was no constitutionally protected right to engage in homosexual sex
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DEFINE LAWRENCE V. TEXAS (consensual sex)
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Defined liberty in spatial & more transcendent dimensions (thought/belief/expression/intimate conduct); distinction between spacial and decisional privacy
Alludes to a undefined right to sexual intimacy, whereas Bowers used tradition and christian morals to uphold sodomy laws |
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DEFINE ZABLOCKI V. REDHAIL (marriage)
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Marriage is a fundamental right
Means used by state is cutting off marriage privilege, ends was to get deadbeat dads to pay up: this wasn’t closely connected to pass a strict scrutiny/state interest test when it came up for review |
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LIST TWO CENTRAL CONCERNS OF PROCEDURAL DUE PROCESS
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1) Utilitarian 2) Dignitary/intrinsic vlaue
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DEFINE UTILITARIAN CONCERN OF PROCEDURAL DUE PROCESS
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government should not deprive a person of an important interest unless the correct understanding of the facts and the law allows it to do so
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DEFINE DIGNITARY/INTRINSIC VALUE CONCERN OF PROCEDURAL DUE PROCESS
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even if government may lawfully deprive someone of an important interest, respect for that individual demands that she have an opportunity to be heard by neutral decision maker under fair proceedings before deprivation occurs
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WHEN IS THERE A PROCEDURAL DUE PROCESS VIOLATION?
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When people are single out and subjected to a burden that others are not subjected to, there’s a procedural due process violation that is actionable
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DEFINE GOLDBERG V. KELLY (procedural due process)
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The Due Process Clause of the Fourteenth Amendment requires a full evidentiary hearing before a recipient of certain government benefits is deprived of such benefits.
Welfare is associated with property and as such, fiscal and administrative resources are not enough state justification to offset property interests First time Court references pre-deprivation hearing |
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BOARD OF REGENTS V. ROTH (procedural due process)
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An employee of state operated facility has no property interest in future employment guaranteed by Constitution beyond those granted in his employment contract
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DEFINE MATHEWS V. ELDRIDGE (procedural due process)
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Due Process Clause does not require that prior to termination of Social Security disability benefit payments the recipient can be afforded an opportunity for an evidentiary hearing
Balancing test used to look at individual interest, procedures used and risk of error/ value of additional procedural safeguards to ameliorate risk of error, and then government interest |
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DEFINE MCCULLOCH V. MARYLAND
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Certain federal powers giving Congress discretion and power to choose and enact the means to perform the duties imposed upon it are to be implied from Necessary and Proper Clause
National Bank case |
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DEFINE GIBBONS V. OGDEN (commerce)
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Commerce Clause gives Congress plenary power to regulate interstate commerce, including navigation within one state which affects other states
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DEFINE U.S. V. EC KNIGHT (commerce)
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Manufacturing is not considered an area that can be regulated by Congress pursuant to the commerce clause.
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DEFINE LOTTERY CASES (commerce)
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Statute related to interstate transportation of lottery tickets; upheld constitutionality due to commerce clause and channels of interstate commerce
Moral considerations OK |
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DEFINE SWIFT V. US (commerce)
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Although meatpackers' activity was geographically “local,” they had an important effect on the “current of commerce,” and thus could be regulated under the Commerce Clause.
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LIST COMMERCE CLAUSE ANALYSIS METHOD
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C1) Use of channels of interstate commerce, 2) Use of instrumentalities of interstate commerce, 3) Substantial effect on interstate commerce
(factors under substantial effect: whether activity has non-economic or economic effect, jurisdiction elements, congressional findings of fact, and heather link is attenuated) |
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DEFINE Shreveport Rate Case (commerce)
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Instrumentalities of commerce = because the railway lines go between states and connect states, even though they also operate in individual states, they’re still instruments of interstate commerce and thus are able to be regulated by Congress
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DEFINE US V. DARBY (commerce)
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Congress has power to regulate hours and wages of workers who are engaged in production of goods destined for interstate commerce and can prohibit the shipment in interstate commerce of goods manufactured in violation of wage and hour provisions
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DEFINE WICKARD AGGREAGATION DOCTRINE
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Aggregation doctrine = even though Filburn’s wheat is trivial, the aggregate of “all of the Filburns” who want to grow their own wheat will have a substantial effect on the supply and demand of wheat, which is what Congress is trying to control
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DEFINE CITY OF PHILLY V. NJ (dormant commerce)
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With overt discrimination against interstate commerce, inquiry is 1) to determine whether statute is protectionist measure or 2) to determine whether it can be fairly viewed as law direct to legitimate local concerns with effects upon interstate commerce that are only incidental
MARKET PARTICIPANT DOCTRINE: Possible loophole in dormant commerce clause, because court expressed no opinion regarding state’s power to restrict state residents access to state-owned resources or spend state funds solely on behalf of state residents |
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DEFINE MARKET PARTICIPANT DOCTRINE (commerce)
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Possible loophole in dormant commerce clause, because court expressed no opinion regarding state’s power to restrict state residents access to state-owned resources or spend state funds solely on behalf of state residents
When state participates as actor in market, it can behave discriminatory in ways not permitted when it acts in regulatory or taxing capability DCC does not covers situations where entry by state itself in the market as a purchaser, in effect of potential article of interstate commerce creates burden upon that commerce if state restricts trade to its own citizens or businesses within state |
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DEFINE PIKE V. BRUCE CHURCH
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When statute regulates evenhandedly to effectuate legitimate local interest, and effects on commerce are only incidental, statute will be upheld unless burden on commerce is excessive in relation to local benefits
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DEFINE KASSEL V. CONSOLIDATED
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In discriminatory regulation, if regulation bears disproportionately on out of state residents and businesses
Must weigh rational basis of regulation with the burden on interstate flow |
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DEFINE UNITED BUILDING V. MAYOR
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Privileges and Immunities Clause may apply to laws that discriminate on basis of municipal residency as well as residency
Application of P&I clause to particular instance of discrimination against out of state residents entails a two step inquiry 1) Court must decide whether ordinance burdens one of those privileges and immunities protected by the clause 2) Whether out of state resident’s interest is sufficiently fundamental to promotion of interstate harmony so as to fall within purview of P&I clause |
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DEFINE PREEMPTION
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Three ways Congress can preempt a state law: 1) Explicitly, stipulating in federal statute that state law is being preempted 2) Implicitly, when specific federal law passed is inconsistent with state law 3) By occupying the field, where Congress has a lot of general laws that comprehensively make up the preemption of state law
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BOARD OF TRUSTEES V. GARRETT
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The Court held that Congress's enforcement powers under the Fourteenth Amendment to the Constitution did not extend to the abrogation of state sovereign immunity under the 11th Amendment where the discrimination complained of was rationally based on a disability.
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KIMEL V. FLORIDA
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Congress's enforcement powers under the Fourteenth Amendment to the Constitution do not extend to the abrogation of state sovereign immunity under the Eleventh Amendment where the discrimination complained of is rationally based on age. Therefore, private litigants cannot obtain money damages from the states for violations of the Age Discrimination in Employment Act of 1967.
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DEFINE U.S. V. MORRISON
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Commerce Clause regulation of intrastate activity may only be upheld where the activity being regulated is economic in nature
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DEFINE NATIONAL LEAGUE OF CITIES
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Regulation of certain classes of state employee’s minimum wage interferes with integral governmental functions of the state
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DEFINE GARCIA V. SAN ANTONIO
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Test for determining state immunity from federal regulation under Commerce Clause is not whether state activity sought to be regulated is a traditional state function, but rather whether the regulation as applied to state activity is destructive of state sovereignty
Overruled National League of Cities |
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LIST THREE CATEGORIES OF JACKSON DISSENT
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Jackson dissent: IMPORTANT; President acts in three categories, in diminutive legitimacy
President acts pursuant to express or implied authorization of Congress President acts in absence of either congressional grant or denial of authority (so Congress is silent and has neither conferred or denied authority...twilight zone) President defies Congressional orders (and they have spoken, but he doesn’t follow) |
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DEFINE U.S. V. CURTISS-WRIGHT
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Constitution may not explicitly say that all ability to conduct foreign policy on behalf of the nation is vested in the President, it is nonetheless given implicitly and by the fact that the Executive, by its very nature, is empowered to conduct foreign affairs in a way which Congress cannot
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DEFINE ORIGINALISM
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Seeks to construct a foundation for judicial review that is consistent with consent of the people, that is intersubjective (doesn’t depend on values of the judge) and that can be applied in a predictable way
Uses text of constitution, context it was drafted in, and original goals and norms |
