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45 Cards in this Set
- Front
- Back
Expressive Conduct
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Government may only ban expressive conduct if the ban furthers a substantial government interest unrelated to the suppression of speech and prohibits no more speech than is necessary.
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Full Faith and Credit
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Full Faith and Credit Clause requires each state to honor the public acts, records and judicial proceedings of every ther state, especially enforcement of foreign judgments.
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Fundamental Rights
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BFPs - Bodily integrity matters, like right to refuse medical treatment; Family matters, like marriage, divorce, blood relatives living together, raising and educating children; and Procreation matters, like avoiding sterilization, access to contraception, abortion but NOT sexual orientation.
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Treaty Power
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President has the power to make treaties, requires 2/3rds approval of the Senate. Can also be made by executive agreement, don't need Senate approval. (NAFTA)
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Pardon Power
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President has power to pardon federal offenses only, not state crimes.
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Executive Privilege
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President has a qualified privilege to keep confidential information secret, subject to very strong need for info (Watergate).
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State Action
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Private activity can be classified as state action when an entity or individual is an agency of the state, performing a public function, or there is significant state entanglement.
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Mootness
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A case is moot if there is no longer a live controversy; the actual controversy must continue to exist at every state of the appeal, unless the issue is capable of repition yet evading review.
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Political Question
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A political question is one which SCOTUS says should be decided by one of the politicial (electe) branches of the govertnment: impeachment, amendment, foreign policy/military affairs, election and qualification of congressmen, and guaranty clause.
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The Eleventh Amendment
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Pursuant to the 11th Amendment, Congress cannot enact legislation which provides for private citizens to sue states for monetary damages. However, can get money under the 14th Amendment, an injunction, and the Fed can still sue for money damages.
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Impeachment
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H.R. impeaches by majority vote, like indictment, and Senate has trial, need 2/3ds vote to convict for treason, bribery, or other high crimes and misdemeanors.
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Executive Immunity
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President has absolute immunity while performing official acts, but not for conduct before taking office.
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Separation of Powers
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The concept of separation of powers prevents one branch of the federal government from doing something reserved to another.
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Federalism
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The federal government cannot interpret state laws.
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Appointment Power
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Congress may not appoint members to a body with administrative or enforcement powers.
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Commerce Clause
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The Commerce Clause grants Congress the sole authority to regulate interestate commrce, and a state may not discriminate against out-of-staters in interstate commerce or substantially burden interstate commerce, unless it is necessary for an important government interest.
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Strict Scrutiny
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Strict scrutiny places the burden on the government to prove that the statute is necessary to serve a compelling government interest, and no less restrictive alternative is available.
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8th Amendment Cruel & Unusual Punishment
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The Eight Amendment Cruel & Unusual Punishment CLause, as applied to the states through the 14th Amendment, prohibits excessive penalties and other cruel and unusual punishment.
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The Establishment CLause
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The First Amendment's Establishment Clause, as applied to the States through the 14th Amendment, prohibits the government from establishing a national religion or preferring one religion over another.
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Free Exercise Clause
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The First Amendment's Free Exercise Clause, as applied to the States through the 14th Amendment, limits the government's ability to inhibit or compel religious practice.
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Source of Power
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The federal government, lacking police powers, must have a source of power to enact laws - usually the Commerce Clause.
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Commandeering
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The federal government lacks the ability to require state and local officials to enforce federal laws.
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Defamation
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Defamation is a false statement of fact, not opinion, which harms reputation. Public figure must prove "actual malice", others just negligence.
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Prior Restraint
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A law which grants government officials unlimited discretion over who can speak is deemed to be an unconstitutional prior restraint.
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Overbreadth
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The overbreadth doctrine holds that a statute that regulates speech and prohibits a substantial amount of protected speech is unconstitutional.
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Vagueness
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The vagueness rule of the 14th Amendment Due Process Clause requires that a law give a person of common intelligence notice of what is prohibited.
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Freedom of Association
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The First Amendment Free Association Clause, as applied to the States through the 14th Amendment, limits the government's ability to regulate association with persons of one's choosing, absent the involvement of some illegality.
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Lemon Test
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Under the Lemon test, a law does not violate the Establishment Clause if 1) it has a secular legislative purpose, 2) it's primary effect neither advances nor inhibits religion, and 3) it does not cause excessive government entanglement with religion.
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Public Forum
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A public forum is public property traditionally reserved for the expression of ideas.
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Sovereign Immunity
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Sovereign immunity provides that a state may only be sued if it allows itself to be sued.
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Rational Basis Test
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The Rational Basis Test places the buren on the challenger to prove that the law is not rationally related to a legitimate governmental interest.
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Equal Protection
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The Equal Protection Clause of the 14th Amendment limits the ability of the government to discriminate by ensuring that people in the same class are treated equally, absent some important governmental reason.
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Procedural Due Process
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Procedural Due Process requirements of the 14th Amendment require that a person be given notice and the opportunity for a hearing before being deprived of a liberty or property right.
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Supremacy Clause
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Under the Supremacy Clause, a state law is preempted if it conflicts with a federal law, but Congress's power to preempt must be pursuant to powers granted by the Constitution.
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Substantive Due Process
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The 14th Amendment's Due Process Clause limits the government's ability to interfere with a liberty or property interest.
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Ex Post Factor laws
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A law cannot make a crime out of something after the fact, or increase the penalty.
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Privileges and Immunities Clause of the 14th Amendment
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The P&I Clause of the 14th Amendment provides that a State cannot' deprive its own citizens of federal rights, like welfare. It is not an important source of rights.
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Privileges and Immunities Clause of Article IV
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The P&I Clause of Article IV prohibits States from discriminating against or imposing unreasonable burdens on non-residents.
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The Contract Clause
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The Contract Clause of the Constitution only covers the States, and provides that States cannot enact laws that retroactively impair contract rights.
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Standing
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Standing to challenge a statute requires that the plaintiff face actual or imminent harm, fairly traceable to the government.
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Commercial Speech
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Commercial speech is low level speech which does no more than propose a commercial transaction, and can be regulated under the Central Hudson test.
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Market Participation Doctrine
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The market participation doctrine permits the state to discriminate based on geography, against nonresidents, when it is running its own business.
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Obscenity
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Obscenity is unprotected speech that the average person, applying contemporary community standards, finds that the work as a whole, appeals to the prurient interest, depicts sexual conduct in a patently offensive way, and as a whole, lacks scientific, literary, political, or artistic value.
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Incitement to Violence
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A form of unprotected speech, it's speech that creates a "clear and present danger" of immediate lawless action against others.
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Fighting Words
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Fighting words, a form of unprotected speech, are words likely to incite immediate violence against the speaker.
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