Con Law 2007

Front 1

Decribe when governmental action contravenes the Establishment Clause

Back 1

If it affects religion unless:
1) has a seecular purpose
2) niether advances or inhibits relgiion
3) no excessive entanglement

Front 2

Describe when an individual may engage in expressive sctivity at a privately owned shopping center

Back 2

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.

Front 3

Describe the free exercise clause

Back 3

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.

Front 4

Describe the bar to actions in federal court embodied in the eleventh amendment

Back 4

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

Front 5

Describe the adequate independent state grounds doctrine

Back 5

Supreme court will not review a state court decision where there is an adequate independent state law basis for judgement

Front 6

General Standing requirements in federal court

Back 6

1) direct immediate injury
2) redressible

Front 7

Tax payer standing

Back 7

when spending measure exceeds the spending power limitation.

Front 8

Association standing

Back 8

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.

Front 9

Describe the abstention doctrine

Back 9

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

Front 10

Describe the comity doctrine

Back 10

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.

Front 11

Describe the Commerce Power

Back 11

activity that substantially effects interstate commernce and any intrastate activity that has a cumulative impact on interstate commerce

Front 12

Privileges and Immunities Clause contained in Article IV, Section 2 of the Constitution.

Back 12

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

Front 13

Privileges and Immunities Clause of the 14th Amendment

Back 13

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

Front 14

Describe the intergovernmental immunities doctrine

Back 14

Validly enacted federal legislation must be observed by the state, state law which discriminate against or unduly burden, federal property or activities are invalid.

Front 15

Supremecy Clause

Back 15

State law is invalid if it
1) conflicts
2) impairs accomplishment
a) implicit
b) explicit

Front 16

Describe the preemption doctrine

Back 16

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

Front 17

Describe the dormant commerce clause

Back 17

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

Front 18

Describe the Pike Balanceing Test

Back 18

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.

Front 19

Descibe when a state may impose a sales or use tax on the seller of an item.

Back 19

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

Front 20

Describe the state action doctrine

Back 20

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.

Front 21

Describe the limitations on the governmental power of eminent domain

Back 21

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.

Front 22

Describe an individual's right to procedural due process

Back 22

When deprived of life, liberty or property an individual is entitled to notice and a hearing

Front 23

Fundamental rights regulation requires

Back 23

strict scrutiny = compelling governemnetal interest

Front 24

Suspect classification regulation

Back 24

requires stricit scrutiny if discriminates on the basis of race, national origin, alienage

Front 25

Describe when affirmative action by a state is not violative of equal protection

Back 25

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

Front 26

Describe the standards to be applied in determining whether or not state legisaltion impacts legal aliens

Back 26

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.

Front 27

Describe when governemtnal classification which are based upon gender are constitutional

Back 27

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

Front 28

Describe the vagueness doctrine

Back 28

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

Front 29

Describe the overbreath doctrine

Back 29

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

Front 30

Describe when fighting words and the advocacy of illegal conduct may be constitutionally prescribed
"CLEAR AND PRESENT DANGER TEST"

Back 30

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

Front 31

Describe the traditional public forum doctrine

Back 31

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

Front 32

Describe the limited or semi-public forum doctrine

Back 32

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

Front 33

Describe the extent to whcih governmental action may limit a private entity's expressive activities

Back 33

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

Front 34

Restriction on the right to vote

Back 34

Residency - reasonable time periods for residency are valid - Congress may override state residency requirements in presidentail elections

Front 35

Abortion
2 Classifications

Back 35

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

Front 36

Fundamental rights:
Right to privacy includes

Back 36

Marriage
Use of Contraceptives
abortion
obscene reading material
keeping extended family togehter
rights of parents
intimate sexual conduct

Front 37

Fundamental Rights

Back 37

Privacy
Vote
Travel

Front 38

Alienage classifications by state of undocumented aliens are

Back 38

Not Suspect classifications
Rational basis applies

Front 39

State and local alienage classifications are

Back 39

Suspect classifications subject to strict scrutiny

Front 40

Alienage classifcation if by feds

Back 40

Not subject to strict Scrutiny
Valid if not arbitrary and unreasonable

Front 41

Intent by government to discriminate is whon by a three part test

Back 41

1) disriminatary on its face
2) discriminary application
3) disrimniary motive

Front 42

Rational Basis: State must show

Back 42

Rationally related to a legitimate governmental purpose

Front 43

Intermediate Scrutiny: State must show

Back 43

Law is substantially realted to an important governemntal purpose

Front 44

Intermediate scrutiny applies to

Back 44

Quasi-suspect classifications
Gender and legitimacy

Front 45

Strict Scruntiny: State must show

Back 45

Necessary to achieve a compelling governmental interest

Front 46

Strict Scrutiny applies to

Back 46

Fundamental rights - interstate travel, privacy, voting and first amendment rights

Suspect classifications - race, national origin and alienage

Front 47

Difference between substantive due process and equal protections

Back 47

Substantive = all

Equal = person or class

Front 48

Due process - three part balancing test

Back 48

1) Importance of interest to the individual
2) the value of the specific procedural safeguards to that interest
3) the government interest