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61 Cards in this Set
- Front
- Back
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Requirement for Cases & Controversies
STANDING |
STANDING – (Proper Party?) – Plaintiff has suffered a
i. Concrete Injury - P must allege and prove that he has personally been injured or imminently will be injured. Need NOT be an economic injury P seeking injunctive or declaratory relief must show a likelihood of future harm MBE Tip: If asked to determine the best standing identify personal injury. If more than one, id personal injury with economic loss ($) ii. Causation – Must be a causal connection between the injury and the conduct. iii. Redressibility – P must allege and prove that a favorable court ruling is likely to remedy the harm suffered. NO ADVISORY OPINIONS! Note – Often the flip side of causation Courts will NOT determine the constitutionality of a statute if it has never been enforced and there is no real threat that it ever will be. |
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An Organization may sue for its members, if:
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i. Members would have standing to sue in their own right
ii. Interests are related to the organizations purpose i.e. Sierra Club can bring an environmental claim. iii. Individual member participation is NOT required (i.e. no individual damages requested - injunction) |
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No generalized grievances
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P must NOT be suing solely as a citizen or taxpayer interested in having the government follow the law.
1. Exception: taxpayers have standing to challenge government expenditures under the Establishment Clause (i.e. Federal aid to religious schools) NOTE – For a taxpayer to have standing under this exception, Congress’s spending power must be involved. Exception: P has standing to enforce a federal statute if she is within the “zone of interests” congress meant to protect. |
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POLITICAL QUESTION DOCTRINE –
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Federal Courts will NOT adjudicate political questions that have constitutionally committed to another branch or inherently incapable of judicial resolution.
i. "Republican form of government clause" ii. Foreign Policy – President's conduct of foreign policy (i.e. the war is illegal) Including presidents ability to rescind treaties, even though Senate must ratify iii. Impeachment or Removal – Challenges to impeachment or removal process i.e. whether persons elected meet age, residency or voting requirements. iv. Partisan Gerrymandering – Challenges to Partisan Gerrymandering Drawing Voting district lines to maximize votes for republicans / democrats Can still bring a case for anything other than partisan purposes (Race) |
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RIPENESS – (Avoiding Pre-mature litigation)
(2 part test) |
May the court grant pre-enforcement review of a statute or regulation: (2 part test)
i. Hardship that will be suffered without pre-enforcement review ii. Fitness of the issues and the record for judicial review MBE Tip: request for declaratory judgment is a ripeness question Ex. challenging statute before signed into law, or challenging a law after enactment but before it is applied to plaintiff |
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MOOTNESS
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A live controversy must exist at ALL stages of litigation. If the matter has already been resolved, the case will be dismissed as moot.
Exceptions: Wrong capable of repetition but evading review (Roe v. Wade) Voluntary cessation – D halts offending practice but is free to resume at any time Class action suits – As long as one member of the class has ongoing injury Ex. Parties die, events occur or lapse, change in law |
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CONGRESS'S Authority to Act
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Power must be based on an Express or Implied power
NO General Federal police power Exceptions: MILD – Military Bases, Indian Reservations, Federal Lands, District of Columbia |
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Necessary and Proper Clause –
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Congress has the power to make ALL laws necessary and proper (appropriate) for executing ANY power granted to ANY branch of the federal government.
The necessary and proper clause standing alone cannot support federal law. It must work in conjunction with another federal power. |
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Taxing and Spending Power –
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Congress may tax and spend for the general welfare
Taxing – Must raise some revenue Spending – Spending may be for ANY public purpose. Limited – Although the taxing and spending powers are broad, they are sill limited by all other constitutional provisions. MBE: If the answer states general welfare, then must be tax and spending or police power |
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The Commerce Clause–
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Congress may regulate the:
Channels of interstate commerce; i.e. highways, waterways, internet Instrumentalities of interstate commerce and Person or Things in interstate commerce ANYTHING crossing state lines – Trucks, planes, trains, phones, internet, stocks, insurance, radio signals, cattle, people. Economic Activities that have a Substantial Effect on interstate commerce Intrastate Activity: If congress attempts to regulate intrastate activity the court will uphold the regulation if: It involves economic or commercial activity. (i.e. growing wheat or medical marijuana), AND Congress can conceive a rational basis that it has a cumulative effect on interstate commerce. Non-Economic Activity – Congress can NOT regulate unless Congress can factually show that it has a Substantial Economic Effect on interstate commerce. i.e. possessing a gun in a school zone, or gender motivated violence |
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War and Treaty Powers –
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Congress has the power to declare war, raise and support armies, and provide for and maintain an army.
Remedy the Effects – Economic Regulations during war and in the post war period to remedy the affects of war have been upheld. |
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Power to Coin Money –
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Congress has the power to coin money and fix weights and measures.
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Power Over Citizenship
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Congress may establish uniform rules of naturalization. This gives congress plenary powers over aliens.
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Fourteenth Amendment, Section 5 powers
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Congress may NOT create new rights or expand the scope of rights
May act only to prevent or remedy violations of rights recognized by the courts and such laws must be proportionate and congruent to remedy the violations |
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Tenth Amendment Limit on Congress Power –
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States that all powers NOT granted to the United States, nor prohibited to the states, are reserved to the states or the people.
Congress cannot COMMANDEER state regulatory or legislative action i.e. Cannot require States to legislate per federal standards, or require them to enforce federal law (against 3d parties) Note: Can induce action by attaching strings to grants, so long as the conditions are express and relate to the purpose of the spending program Congress MAY prohibit harmful commercial activity by state governments. Ex: Prevent state from releasing or selling private information |
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Delegation of Powers
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Legislative powers MAY be delegated so long as “intelligible standards” are set.
Generally Congress may Delegate ANY Legislative Power Exceptions – Powers uniquely confined in Congress (declare war, impeachment) MBE Tip: Fed law is unconstitutional because it is in excess of delegation of legislative powers is usually wrong. Legislative Vetoes are ALWAYS Unconstitutional Congress MUST use: Bicameralism (passage by both houses of government, AND Presentment – Presenting the bill to the president for his signature or veto Congress may NOT delegate executive powers to itself or its officers |
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Federal EXECUTIVE Power
Foreign Relations |
President has paramount power to represent the U.S. in day to day foreign relations.
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Federal EXECUTIVE Power
Treaties |
Agreements between the U.S. and foreign country that are negotiated by President.
Power – President has the power to ENTER into treaties with the consent of two thirds of the Senate. Prevail over conflicting State Laws Conflict between Treaty and Federal Law, the LAST one adopted controls Conflict between Treaty and Constitution, treaty is INVALID |
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Federal EXECUTIVE Power
Executive agreements |
Agreement between U.S. and foreign country that is EFFECTIVE when signed by President and head of foreign country
i.e. NO Senate approval required Can be used for ANY purpose that treaties can be used for Prevail over conflicting State Laws, NEVER prevail over conflicting Federal law or the Constitution |
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DOMESTIC Affairs
Appointment Power |
President appoints Ambassadors, Federal Judges, and Official Officers of the U.S.
Congress may vest the appointment of inferior officers in the President, heads of departments, or in the federal courts Inferior Officer – those that can be fired by an officer of the U.S. Congress may NOT appoint members of a body with administrative or enforcement powers. MBE Tip: Congress created new agency – gives appointment rights to President for some, to Congress for some, and to others - WRONG! (President must appoint |
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Removal Power
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President – unless limited by statute, the President may fire (remove) any executive branch officer
Congress may provide statutory limitations on the president’s power to remove Note – Can’t prohibit removal, but may limit removal to good cause. Note – Congress can remove executive officers through impeachment |
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Veto Power –
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President has the power to veto acts of congress.
Override – If the president disapproves (vetoes) an act of congress, the act may still become law if the veto is overridden by a two-thirds vote of EACH house. Pocket Veto – The president has 10 days to exercise the veto power. If he fails to act then the bill becomes law if congress is in session, but is automatically vetoed if Congress is NOT is session Line Item Veto – ALWAYS unconstitutional. |
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Impeachment and Removal –
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The president, vice president, federal judges and officers of the U.S. can be impeached from the office for treason, bribery, or for high crimes and misdemeanors.
Impeachment does NOT remove person from office A majority vote of the House of Representatives is necessary to invoke the charges of impeachment. (*Impeachment does not remove) 2/3 vote from Senate is necessary to convict and remove |
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Executive Privilege / Immunity
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Privilege – President has executive privilege to keep certain communications secret. (National security secrets are given great deference by the courts)
Exception – In criminal proceedings, presidential communication will be available to the prosecution. Immunity – President has Immunity from Civil Suits for money damages involving actions that occurred while in office. NO immunity for actions that occurred prior to taking office |
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Power to Pardon
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Power to Pardon those accused or convicted of FEDERAL crimes
Exceptions: Impeachment – cannot be pardoned for the offenses that led to impeachment Civil Contempt MBE Tip: Federal ONLY! Criminal Liability ONLY! |
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STATE POWER (FEDRALISM)
PREEMPTION |
(Supremacy Claus of Article VI) – The Supremacy Clause of Article VI provides that the Constitution, and Laws made pursuant to it, are the Supreme Law of the land.
Express preemption – Federal law says the states may NOT regulate. MBE Tip: States may set stricter environmental standards than EPA, unless Congress prohibits Implied preemption Conflict Physical – If you cannot comply with both federal and State Laws, then federal law preempts Obstacle – If the State law is an obstacle to the Federal Objective, then federal law preempts Field – Federal interest is so dominant or federal regulation is so pervasive that it will preclude enforcement of state laws on the same subject. Look for comprehensiveness or the federal scheme and creation of an agency to administer the laws. (Ex: Immigration laws) i..e congress has left NO room for the states to act |
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Privileges OR Immunities Clause of the 14th Amendment –
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No State may deny their citizens the privileges or immunities of national citizenship.
Interpreted as the right to travel, and the right to vote for federal officers. Look for durational residency requirements. MBE Tip: Always wrong answer unless it involves the right to travel |
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Dormant Commerce Clause
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STATE and LOCAL Laws are unconstitutional if they place Undue Burden on Interstate Commerce, even though Congress has not acted.
MBE – The dormant commerce clause is also called Negative implications of the commerce clause. TEST – Look to whether the law is: Facially Discriminatory – Discriminates against interstate commerce to protect local economic interests. (i.e. Tax Ohio $15 all other states $40) Invalid unless it: Furthers an Important Noneconomic State interest Examples – health, safety, welfare AND No Reasonable Nondiscriminatory alternative Market Participant Exception – A state or local government may prefer its own citizens when acting as a market participant. Ex. Buying and selling, giving state subsidies. hiring labor or discounted tuition in State universities. Traditional Governmental Function – The SC is more lenient when the law favors a traditional governmental function. (waste disposal) Congressional approval – If congress acts to allow the burden then it is no longer dormant. Non-Discriminatory Laws – i.e. Discriminate in purpose or effect Balancing the state's interest against the burden on interstate commerce, AND Consider whether other alternatives could be less burdensome |
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Privileges AND Immunities Clause of Article IV
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Prohibits discrimination by a State against Non-Residents. (3 Part test)
Residents – The law MUST discriminate against Out-of-State Residents Corporations and aliens cannot use this privilege (MAY use Dormant Commerce Clause or equal protection clause) Fundamental Rights – Only Civil Liberties or Important Economic Activities are protected. i.e. ability to earn a living, access to courts, emergency services, purchase property, medical care NOT an Elk hunting or recreational activities. Substantial Justification – If the law discriminates against out-of-state residents with regard to a fundamental right, it violates the privileges and immunities clause UNLESS: The State has a Substantial Justification for the discrimination i.e. the non residents either cause or are part of the problem. NO Less Restrictive Means to solve the problem. |
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Federal Taxation on State Governments
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Congress may subject states to a regulation or taxation if the law or tax applies to both the public and private sector. (i.e. minimum wage laws)
Federal taxes applying ONLY to states must comply with the 10th amendment. Note – May indirectly regulate through the spending power. STATES may NOT tax or regulate federal government activity CANNOT pay state tax out of federal treasury Exception – Nondiscriminatory, indirect taxes are permissible (i.e. States taxing federal employees) MBE Tip: Federal government NEVER has to comply with state environmental standards MBE Tip: A mom & pop store on federal land. States can Tax because a private person is paying the tax, not the federal government. (Cannot tax a government owned store. |
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Removal Power
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President – unless limited by statute, the President may fire (remove) any executive branch officer
Congress may provide statutory limitations on the president’s power to remove Note – Can’t prohibit removal, but may limit removal to good cause. Note – Congress can remove executive officers through impeachment |
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Veto Power –
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President has the power to veto acts of congress.
Override – If the president disapproves (vetoes) an act of congress, the act may still become law if the veto is overridden by a two-thirds vote of EACH house. Pocket Veto – The president has 10 days to exercise the veto power. If he fails to act then the bill becomes law if congress is in session, but is automatically vetoed if Congress is NOT is session Line Item Veto – ALWAYS unconstitutional. |
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Impeachment and Removal –
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The president, vice president, federal judges and officers of the U.S. can be impeached from the office for treason, bribery, or for high crimes and misdemeanors.
Impeachment does NOT remove person from office A majority vote of the House of Representatives is necessary to invoke the charges of impeachment. (*Impeachment does not remove) 2/3 vote from Senate is necessary to convict and remove |
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Executive Privilege / Immunity
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Privilege – President has executive privilege to keep certain communications secret. (National security secrets are given great deference by the courts)
Exception – In criminal proceedings, presidential communication will be available to the prosecution. Immunity – President has Immunity from Civil Suits for money damages involving actions that occurred while in office. NO immunity for actions that occurred prior to taking office |
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Power to Pardon
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Power to Pardon those accused or convicted of FEDERAL crimes
Exceptions: Impeachment – cannot be pardoned for the offenses that led to impeachment Civil Contempt MBE Tip: Federal ONLY! Criminal Liability ONLY! |
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STATE POWER (FEDRALISM)
PREEMPTION |
(Supremacy Claus of Article VI) – The Supremacy Clause of Article VI provides that the Constitution, and Laws made pursuant to it, are the Supreme Law of the land.
Express preemption – Federal law says the states may NOT regulate. MBE Tip: States may set stricter environmental standards than EPA, unless Congress prohibits Implied preemption Conflict Physical – If you cannot comply with both federal and State Laws, then federal law preempts Obstacle – If the State law is an obstacle to the Federal Objective, then federal law preempts Field – Federal interest is so dominant or federal regulation is so pervasive that it will preclude enforcement of state laws on the same subject. Look for comprehensiveness or the federal scheme and creation of an agency to administer the laws. (Ex: Immigration laws) i..e congress has left NO room for the states to act |
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Privileges OR Immunities Clause of the 14th Amendment –
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No State may deny their citizens the privileges or immunities of national citizenship.
Interpreted as the right to travel, and the right to vote for federal officers. Look for durational residency requirements. MBE Tip: Always wrong answer unless it involves the right to travel |
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Dormant Commerce Clause
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STATE and LOCAL Laws are unconstitutional if they place Undue Burden on Interstate Commerce, even though Congress has not acted.
MBE – The dormant commerce clause is also called Negative implications of the commerce clause. TEST – Look to whether the law is: Facially Discriminatory – Discriminates against interstate commerce to protect local economic interests. (i.e. Tax Ohio $15 all other states $40) Invalid unless it: Furthers an Important Noneconomic State interest Examples – health, safety, welfare AND No Reasonable Nondiscriminatory alternative Market Participant Exception – A state or local government may prefer its own citizens when acting as a market participant. Ex. Buying and selling, giving state subsidies. hiring labor or discounted tuition in State universities. Traditional Governmental Function – The SC is more lenient when the law favors a traditional governmental function. (waste disposal) Congressional approval – If congress acts to allow the burden then it is no longer dormant. Non-Discriminatory Laws – i.e. Discriminate in purpose or effect Balancing the state's interest against the burden on interstate commerce, AND Consider whether other alternatives could be less burdensome |
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Privileges AND Immunities Clause of Article IV
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Prohibits discrimination by a State against Non-Residents. (3 Part test)
Residents – The law MUST discriminate against Out-of-State Residents Corporations and aliens cannot use this privilege (MAY use Dormant Commerce Clause or equal protection clause) Fundamental Rights – Only Civil Liberties or Important Economic Activities are protected. i.e. ability to earn a living, access to courts, emergency services, purchase property, medical care NOT an Elk hunting or recreational activities. Substantial Justification – If the law discriminates against out-of-state residents with regard to a fundamental right, it violates the privileges and immunities clause UNLESS: The State has a Substantial Justification for the discrimination i.e. the non residents either cause or are part of the problem. NO Less Restrictive Means to solve the problem. |
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Federal Taxation on State Governments
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Congress may subject states to a regulation or taxation if the law or tax applies to both the public and private sector. (i.e. minimum wage laws)
Federal taxes applying ONLY to states must comply with the 10th amendment. Note – May indirectly regulate through the spending power. STATES may NOT tax or regulate federal government activity CANNOT pay state tax out of federal treasury Exception – Nondiscriminatory, indirect taxes are permissible (i.e. States taxing federal employees) MBE Tip: Federal government NEVER has to comply with state environmental standards MBE Tip: A mom & pop store on federal land. States can Tax because a private person is paying the tax, not the federal government. (Cannot tax a government owned store. |
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Rational Basis –
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Rational Basis –
(1) Rationally related to a (2) Legitimate government purpose Deferential to government BOP – Challenger (plaintiff) must prove the law had NO conceivable purpose. *ALL non-suspect classifications – Age, disability, wealth, etc. |
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Intermediate Scrutiny –
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Intermediate Scrutiny –
(1) Substantially related to (2) Important government purpose (3) Means Narrowly Tailored (But NOT the least restrictive alternative) BOP = Government *Gender and Non Marital Children |
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Strict Scrutiny –
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Strict Scrutiny –
(1) Necessary to achieve a (2) Compelling government purpose (3) No less Restrictive Alternative (Means must be necessary) Will look ONLY at the actual objective BOP = Government *Race, national origin, alienage, interstate travel, privacy, voting, 1st Amendment |
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PROCEDURAL Due Process – Refers to the procedures the government must follow if deprives a person of life, liberty, or property. (2 Part Test – Deprivation / Procedures)
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1. Has there been a DEPRIVATION of life, liberty or property?
2. If there IS a Deprivation, What procedures are required? Balancing Test i. Individuals Interest ii. Value of Safeguards – The value of specific procedural safeguards to that interest. iii. Government Interest (Efficiency and saving money) Procedure Requirements: Prior Notice and Prior Hearing |
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SUBSTANTIVE Due Process – (5th amendment) –
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Determines whether the government has a justified reason for taking away a person’s life, liberty or property. (Applies to the states via the 14th Amendment)
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INTENT TO DISCRIMINATE –
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In order to trigger strict / intermediate scrutiny, you must prove that the government intended to discriminate. If NO intent can be shown apply Rational Basis. Intent may be shown by:
i. A law that is discriminatory on its face ii.A discriminatory application of a facially neutral law Ex: discriminatory use peremptory challenges based on race A discriminatory motive behind the law Note – Showing a discriminatory effect alone is NOT enough. Ex. Height/weight restrictions for police/fire-fighters (Gender) |
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INTENT TO DISCRIMINATE
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In order to trigger strict / intermediate scrutiny, you must prove that the government intended to discriminate. If NO intent can be shown apply Rational Basis. Intent may be shown by:
A law that is discriminatory on its face A discriminatory application of a facially neutral law Ex: discriminatory use peremptory challenges based on race A discriminatory motive behind the law Note – Showing a discriminatory effect alone is NOT enough. Ex. Height/weight restrictions for police/fire-fighters (Gender) |
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Racial discrimination Benefiting minorities
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(Strict scrutiny is still applied)
Government has a compelling interest in remedying past discrimination Past discrimination must have been persistent and readily identifiable. (i.e. NOT general societal discrimination) Race can be considered in drawing up new voting districts but cannot be the predominant factor. Educational institutions may use race as one factor in admissions decisions to help minorities. (Colleges and Universities) Public school systems may NOT use race as a factor in assigning students to school unless strict scrutiny is met |
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Racial classifications Benefiting gender
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Intentional discrimination benefiting Women / Men triggers strict scrutiny
Laws Found to be Invalid 1. Woman can be awarded alimony, but men can not 2. State supported all male / all female school 3. Discriminatory minimum drinking age Laws Found to be Valid 1.Discriminatory statutory rape laws 2. All male draft Note – Government has a important government interest in remedy past discrimination and differences in opportunity |
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FREE SPEECH
Content Based restrictions |
Content Based restrictions on speech generally must meet strict scrutiny
(1) Necessary to further (2) Compelling Government purpose unrelated to suppression (3) Means Narrowly Tailored Two types: i. Subject matter (law depends on the topic of the message) ii. Viewpoint (depends on the ideology of the message) Ex: pro-war v. anti-war; pro-government v. anti-government |
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Content Neutral
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Content Neutral laws burdening speech generally must meet intermediate scrutiny
a. Substantially related to an b. Important government purpose unrelated to suppression c. Burden NO more speech than necessary Ex: No parades or demonstrations in the park |
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Prior Restraints
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Prevent speech from ever entering the marketplace of ideas
Court Orders – Court orders suppressing speech must meet strict scrutiny Procedurally proper orders must be complied with until vacated or overturned Person who violates is barred from later challenging it MBE Tip: Gag orders on press to prevent prejudicial pretrial press are always unconstitutional Ex. Prohibited from publishing war and troop movement during the war. Licenses – Government can require a license for speech only if there is an important reason for licensing and clear criteria that leaves almost NO discretion to the licensing authority. Must contain procedural safeguards such as prompt determination of requests for licenses and judicial review |
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Vague, Overbroad, Unfettered Discretion laws affecting speech
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(Void on its face)
Vague - law is void on its face if a reasonable person cannot tell what speech is prohibited or allowed (“reasonable”, “annoying”, “lewd”) Overbroad - law is void on its face if it regulates substantially more speech than the constitution allows to be regulated. (“All”, “Any” speech) Note – Fighting words are not protected by the first amendment but are always found to be vague and overbroad Unfettered Discretion – law is void on its face if it gives officials unfettered discretion in applying the law. (Need definite standards) Ex. City officials cannot have discretion to set permit fees |
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Symbolic Speech
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Symbolic Speech (Intermediate Scrutiny)
Government can regulate conduct that communicates if: a. Substantially related to an b. Important government purpose unrelated to suppression c. Burden NO more speech than necessary to achieve the government purpose Examples: a. Flag burning IS protected b. Burning cross IS protected UNLESS done to intimidate or threaten c. Draft card burning is NOT (Facilitate a smooth draft) d. Nude dancing is NOT e. Election Campaigns Contribution limits ARE constitutional Expenditure limits are NOT |
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Obscenity
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(Sexually-oriented speech)
The Test Whether the average person, applying Contemporary Community Standards would find that the work taken as a whole, must appeal to the Prurient Interest in Sex Prurient – shameful or morbid interest in sex Whether the work depicts or describes in a Patently Offensive way, sexual conduct as specifically defined by the applicable State Law The law must specifically list what material is patently offensive Based on a Contemporary Community Standard Taken as a whole, the material must lacks serious artistic, literary, political or scientific value Based on a National standard |
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Commercial Speech (4 Part Test)
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1. Not false, misleading, or concerns unlawful activity (if it is, government can regulate it)
May prevent professionals from advertising under a trade name May prohibit an attorney from in-person solicitation of clients for profit May send written solicitation or solicit for pro-bono work May NOT prohibit accountants from in-person solicitation of clients 2. Substantial government interest i.e. conserving energy or protecting kids from cigarette advertising 3. Regulation directly advances in a material way Ask, will this regulation actually be effective? 4. Reasonable fit – No more extensive than necessary to serve that interests |
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Time, Place, and Manner
Public forums |
Public forums - government properties that have historically been open to speech related activities. (streets, sidewalks, public parks)
1. Regulations that are NOT subject matter OR viewpoint neutral must meet strict scrutiny. 2. Regulations that ARE subject matter AND viewpoint neutral must meet intermediate scrutiny (Content Neutral) a. Content neutral regulation b. That serves an Important government purpose c. Means Narrowly tailored (NOT the least restrictive alternative) d. Leaves Open and Adequate Alternative channels of communication Ex: In order to have concert in city park, must use city sound equipment. Bands argued that there was a least restrictive alternative of setting volume levels. City won. Note – Congress has more leeway with funding than regulations. |
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Limited Public Forums (designated)
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government properties that the government could close to speech, but chooses to open. (Same rules apply as to public forums)
Ex: Opening schools on evenings and weekends for speech |
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Non-Public Forums
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Non-Public Forums – government properties that the government constitutionally can and does close to speech.
Government MAY regulate speech so long as regulation is Reasonable and Viewpoint neutral. Ex: a. School facilities on evenings and weekends b. Military Bases c. Area around Prisons and Jails d. Advertising space on City Buses e. Sidewalks on Post Office Property f. Airports - can distribute literature, but not ask for money |
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Injunctions for Speech
Content based and content neutral |
1. Content Based – Necessary to achieve a compelling Government interest
2. Content Neutral - Challenged provisions burden no more speech than necessary to serve a significant government interest. |
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Freedom of Association
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Laws that Prohibit or Punish Group Membership must meet Strict Scrutiny.
i. Must be proven that the person: 1. Actively affiliates with the group 2. Knew of its illegal activities, AND 3. Participated with the specific intent of furthering those illegal activities |
