Con Law

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1. Executive (President)

Back 1

a. Pardon (President power)- absolute power. Wipes criminal slate clean. (Must be federal crime only). Cant appeal
b. Veto bills
i. Congress cant veto
c. Appointment
i. Ambassadors
ii. Judges
iii. High cabinet members/Executive Power
1. Congress can put together lower level- Council, Commission, research, study, advise (Congress + Pres.)
d. Commander in Chief (top general)
i. In charge of army/navy/armed forces
ii. Can send/move troops to Iraq (but cant declare war)
e. Executive Order (Domestic)
i. Only thing these cant do is make a law or conflict with current law
f. Executive Agreement (foreign)
i. Only thing these cant do is make a law or conflict with current law
g. Treaty Power
i. Can enter into treaties with other countries though generally done with Congress

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2. Legislative (Congress)

Back 2

a. Commerce- anything about business that affects interstate commerce
i. Cant make law which will unduly burden interstate commerce
ii. Making, selling, shipping widgets (business)- Commerce Clause
b. Taxing (state or federal)
i. If it raises revenue for general welfare
c. Spending (state or federal)
i. Spend as long as its for general welfare
d. War- declare war
e. Regulate federal property
i. Washing DC, Yosemite,
f. Print $
g. Aliens (Non US citizens)

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3. Judicial

Back 3

a. Cases get to Sup Ct either by: original jurisdiction or appellate jurisdiction

Front 4

i. If it goes by Original
ii. Appellate-

Back 4

Only Sup Ct (No Congress activity)
Congress may get involved (have jurisdiction)

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ii. Lower Federal Courts (District, DCA)-

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Congress has jurisdiction
1. Can create new federal courts, determine subject matter

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2. Supremacy Clause

Back 6

a. Conflict between state and federal law (Fed. Law trumps)
i. State can make something more strict, just cant conflict w/Fed.- bc of states:

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Police Power

Back 7

making law for health, safety and welfare of its citizens

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3. State’s Rights (10th Amendment)

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a. State can make almost any law (Police Power) when no conflict between existing Federal law. This can be stricter.
i. Must be for General Welfare

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State’s Rights (10th Amendment)

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b. No Federal Police Power
i. Congress can only tax/spend for general welfare (cant just do anything like a state may)

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c. Commandeer Rule-

Back 10

Congress may not require/demand/order States to do anything. They can delegate/ask

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d. Dormant Commerce Clause

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i. When state makes a law, may not discriminate against out of state business interests
1. State A cant make law to hurt fisherman in State B
2. State may make law to protect own bus. interests
ii. *Commerce=business/ industry (look to statute)

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4. Privileges and Immunities Clause

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when 1 state passes law that discriminates against residents of another state bc of their residency
a. Residents v. non residents
b. State may give its own citizens a benefit but may not discriminate against out of state residents
i. Ex: NY residents $10, out of state residents $15, FL residents $35- violation but when saying we give NY residents for $15 and everyone else for $20- not a violation

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1. Equal Protection

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some people) (SCRUTINY)
a. Statute treats people differently from other people
i. Just bc some people were treated does not mean this is a violation

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EP

b. Is this ok? Ask: Who are the people?
i. If people are:

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1. Race, Alienage, National Origin= Strict Scrutiny
a. Gov has burden to show the law is necessary to achieve a compelling interest

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2. Gender, Illegitimacy

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Intermediate Scrutiny
a. Gov has burden to show law is substantially related to an important interest

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3. Everyone Else

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Rational Basis
a. Burden on the Plaintiff to show law is not rationally related to any legitimate state interest

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2. Due Process

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(Discriminates against ALL PEOPLE)
a. No person shall be deprived of - Life, liberty, property w/o due process of law

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i. Procedural- property rights

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2. NOTICE and a HEARING (day in court)

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ii. Substantive

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1. Gov deprives or regulates certain rights/activities from all of us

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3. Fundamental Rights

What scrutiny?

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strict scrutiny
a. Vote, interstate travel, free speech, privacy

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Privacy (Acronym)

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CAMPER)
1. Contraception
2. Abortion
a. Gov may not place any undue burden on this right
3. Marriage
4. Procreation
5. Education
6. Right to Raise your family
4. Non Fundamental Rights= Rational Basis

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a. Free Exercise Clause-

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gov cant do anything that would infringe on free exercise of religion. Gov may not comment or take position on your religion. Must be NEUTRAL
i. Don’t look at the effect. You look at WHY they did it (What was the gov. trying to do)

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b. Establishment Clause

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- gov may not pass any law which seemingly establishes a religion. 3 part LEMON test:
i. Statute must have secular purpose (non-religious)
ii. Cant promote or inhibit religion (all religions must be equally represented)
iii. Cant do anything that would be excessive entanglement with religion
1. Giving money to schools, subsidies, (one time payment to religious school- prob not enough (laptops for all elementary students))

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4. First Amendment

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Fundamental Rights)- Speech cannot be banned, but can be regulated

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a. Content Based-

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gov regulating the content (message is being stopped from getting out)
i. STRICT scrutiny
1. Marching, radio, speaking, advertising
2. LOOK FOR:
a. Anything “prohibiting, banning, stopping ALL speech”→ triggers Strict Scrutiny

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b. Content Neutral

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gov isn’t trying to stop me from getting message out. Regulating the time, place, manner
i. Must Be Reasonable (furthers a significant gov. interest)
ii. Leaves open alternative means of communication

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5. Independent and Adequate State Ground

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If case in state court was decided by independent and adequate state law, cant go to fed. court
a. State Sup Ct- no reason to go to federal court. BUT if there is unresolved state law or federal law left to be decided, then it will go to fed court