Study your flashcards anywhere!

Download the official Cram app for free >

  • Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off

How to study your flashcards.

Right/Left arrow keys: Navigate between flashcards.right arrow keyleft arrow key

Up/Down arrow keys: Flip the card between the front and back.down keyup key

H key: Show hint (3rd side).h key

A key: Read text to speech.a key


Play button


Play button




Click to flip

48 Cards in this Set

  • Front
  • Back
Decribe when governmental action contravenes the Establishment Clause
If it affects religion unless:
1) has a seecular purpose
2) niether advances or inhibits relgiion
3) no excessive entanglement
Describe when an individual may engage in expressive sctivity at a privately owned shopping center
No 1st Amend. right to engage in expressive activity at a privately party's premises. Howevera state may authorize expressive activity provided it does not interfere with normal operations.
Describe the free exercise clause
Religious beliefs are absolutely protected. Conduct may be regulated. Government regulation which burdens free exercise may not be religiously motivated. Strict scrutiny applies but if an incidental burden then rational basis.
Describe the bar to actions in federal court embodied in the eleventh amendment
No seeking damages agasint a state in federal court unless:
1) against state officials for injunctive relief
2) subdivision of state
3) Consented to by state
4) Suits authorized by Congress
Describe the adequate independent state grounds doctrine
Supreme court will not review a state court decision where there is an adequate independent state law basis for judgement
General Standing requirements in federal court
1) direct immediate injury
2) redressible
Tax payer standing
when spending measure exceeds the spending power limitation.
Association standing
1) one or more members have standing
2) injury asserted is pertinant to associations purpose.
3) neither the claim asserted or relief requested require individual members to participate in the suit.
Describe the abstention doctrine
Federal court may in its discretion abstain from hearing a constiutionality issue currently in state court if it rest on an unsettled question of state law
Describe the comity doctrine
Where an action is commenced in U.S. court after a criminal case has begun in a state or local court the federal court will abstain from hearing the matter until the state court proceeding has been concluded.
Describe the Commerce Power
activity that substantially effects interstate commernce and any intrastate activity that has a cumulative impact on interstate commerce
Privileges and Immunities Clause contained in Article IV, Section 2 of the Constitution.
protects basic fundamental rights unless
1) substantial reason for subjecting citizens of another state
2) the discrimination practiced against nonresident bears a substantial relationship tot hat objective
Privileges and Immunities Clause of the 14th Amendment
Precludes state from imapiring rights of national citizenship
1) petition congress
2) peaseably assemble
3) navigable waterways
4) travel across interstate lines
5) vote in federal elections
6) utilize writ of habeous corpus
7) claim the benefits of US treaties made with foreign contries
Describe the intergovernmental immunities doctrine
Validly enacted federal legislation must be observed by the state, state law which discriminate against or unduly burden, federal property or activities are invalid.
Supremecy Clause
State law is invalid if it
1) conflicts
2) impairs accomplishment
a) implicit
b) explicit
Describe the preemption doctrine
Supremecy clause: where congress validly enacts legislation with the intent that it be the exclusive body of law in that area, state law pertaining to the subject matter are invalid
Describe the dormant commerce clause
State law is invalid where it:
1) discriminates or places an undue burden upon itnerstate commerce (the local interest outweighs the burden on interstate commerce
Describe the Pike Balanceing Test
State or local law which:
1) facially discriminates or
2) has a direct discriminatory effect are unconstitutional unless
a) an overridding benefit is given to the state citizens.
b) there is an absence of non-dsicriminorty means to achieve the interest.
Descibe when a state may impose a sales or use tax on the seller of an item.
State may collect a use tax from the purchaser of an item which will be utilized int hat jurisdiction. But may not exceed the difference between.
1) the sales taz whcih would have been imposed by the state
2) sales tax paid in the other state
Describe the state action doctrine
Individual rights protected byt eh 14th apply only to governmental action or conuct. State action exists where:
1) governmental officers purport to perform their official finction
2)private parties undertake a public function
3) there has been a significant involvement or encouragement by a government entity.
Describe the limitations on the governmental power of eminent domain
Private property may be appropriated for a public purpose by a governmental entity if just compensation is paid to its owner. However if governemental action simply decreases the value of persons property there is no taking.
Describe an individual's right to procedural due process
When deprived of life, liberty or property an individual is entitled to notice and a hearing
Fundamental rights regulation requires
strict scrutiny = compelling governemnetal interest
Suspect classification regulation
requires stricit scrutiny if discriminates on the basis of race, national origin, alienage
Describe when affirmative action by a state is not violative of equal protection
1) aimed at remedying the affects of past, purposful, discrimination against a particular group must be narrowly tailored to accomplished a compelling governmental objective and
2) doe snot unduly deprive innocent persons who might be disadvantaged by the law
Describe the standards to be applied in determining whether or not state legisaltion impacts legal aliens
Action that purposefully discriminates against legal aliens must satisfy strict scrutiny. However wehre legal aliens are participating in activities which involve the finctioning government then the state need only satisfy rational basis standard.
Describe when governemtnal classification which are based upon gender are constitutional
Legislation that purposefully discriminates on the basis of gender must be substantially related to an important governmental interest. The government must show an exceedingly persuasive justification for the discrimination to be constitutional
Describe the vagueness doctrine
A statute is facilly vauge when a person of ordinary intellegence would, even with knowledge of the law, be uncertian as to whether contemplated conduct was proscribed or not. Unless:
1) it is subsequently interpretated ina constitutional manner
2) the party affected byt he law had reason to anticipate the curative interpretation
Describe the overbreath doctrine
A statute which is substantially overbroad on its face is void unless
1) a constitutionally curative interpretation of the law is made prior to the defendant's trial
2) such a construction was reasonably foreseeable
Describe when fighting words and the advocacy of illegal conduct may be constitutionally prescribed
Language which by its very utterance would have direct tendency to incite an immediate violent reponse by the person addressed can be criminal.

The advocacy of illegal conduct as a means of accomplishing policitcal or social objectives can be made criminal if:
1) it was intended to cause immediate unlawful conduct
2) it was likely to produce that result
Describe the traditional public forum doctrine
Traditional public forum must be made available to persons wishing to communicate their views, access may be subject to reasonable restricitions upon time place and manner. Must be content neutral, narrowly tailored to serve a significant governement interest and the regualtion must leeave open alternative channels of communication
Describe the limited or semi-public forum doctrine
Once a non-traditional public forum is made available to a certian type sof expressive activity similar forms of expression may not be foreclosed unless:
1) a substantial interest is onvolved
2) which is unrelated tot eh content of the speach
3) the restriction is no greater than necessary to accomplish the governemntal objective
Describe the extent to whcih governmental action may limit a private entity's expressive activities
Governmental action which is content neutral and regulates expressive activity by a private party in other than an incidental manner must
1) serve a substantial purpose
2) be narrowly drawn to accoplish the governemental objective
3) no unreasonably limit alternative avenues of communication
Restriction on the right to vote
Residency - reasonable time periods for residency are valid - Congress may override state residency requirements in presidentail elections
2 Classifications
Pre-viability - No undue burdens:
Informed consent
24 hour waiting period
minors parental consent or notice
only licensed physcians

Post-Viability - May prohibit unless health is threatened
Fundamental rights:
Right to privacy includes
Use of Contraceptives
obscene reading material
keeping extended family togehter
rights of parents
intimate sexual conduct
Fundamental Rights
Alienage classifications by state of undocumented aliens are
Not Suspect classifications
Rational basis applies
State and local alienage classifications are
Suspect classifications subject to strict scrutiny
Alienage classifcation if by feds
Not subject to strict Scrutiny
Valid if not arbitrary and unreasonable
Intent by government to discriminate is whon by a three part test
1) disriminatary on its face
2) discriminary application
3) disrimniary motive
Rational Basis: State must show
Rationally related to a legitimate governmental purpose
Intermediate Scrutiny: State must show
Law is substantially realted to an important governemntal purpose
Intermediate scrutiny applies to
Quasi-suspect classifications
Gender and legitimacy
Strict Scruntiny: State must show
Necessary to achieve a compelling governmental interest
Strict Scrutiny applies to
Fundamental rights - interstate travel, privacy, voting and first amendment rights

Suspect classifications - race, national origin and alienage
Difference between substantive due process and equal protections
Substantive = all

Equal = person or class
Due process - three part balancing test
1) Importance of interest to the individual
2) the value of the specific procedural safeguards to that interest
3) the government interest