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28 Cards in this Set

  • Front
  • Back

Necessary and proper

not independent source of power. Carriesother enumerated powers

General welfare

only for taxing and spending

Freedom of Religion - general principle

government regulation that burdens free exercise rights may not be religiously motivated

Privileges and immunities 14th amendment

never has been correct answer. Protects rights of NATIONAL citizenship



Contracts clause: article 1 s* 10

prohibits the impairment of public or private contract obligations. modification vs impairment. modification ok if police power used! usually wrong b/c defense is asserted is police power.

10th amendment

prohibits commandeering - congress may not commandeer the states to enact or enforce a federal regulatory program. Protects states rights, usually wrong answer

Property Power

Congress has the power to make all rules and regulations affecting the territory or other property belonging to the United States. Applies to: wildlife, military ships and aircraft, federal buildings and enclaves, indian reservations

Supremacy Clause

a federal law will supersede any state law in direct conflict. Exception: State law providing greater health and safety regulations

11th amendment

cz cannot sue state in federal court w/out consent. Solution: sue state official



Commerce Clause

congress can regulate commercial activity in the aggregate if it has a substantial economic effect on interstate commerce

Commerce clause - non commercial activity

congress must make factual finding that the activity substantially affects interstate commerce (gun in school zone)

Dormant Commerce Clause

1. non discriminatory 2. no undue burden -> balancing test, interest vs burden

Police Power

regulates any health safety welfare moral aesthetic interest

Contracts Clause

prohibits states from impairing the obligation of an existing public or private contract unless there is a significant government interest. Look for police power modification -> OK

14th amendment - where does it apply?

applies only to states

Equal protection: trigger

similarly situated persons being treated differently

strict scrutiny: what gets it?

Protected 1A rights, suspect classes (RAN: race, alienage (unless federal gov is discriminating), national origin); fundamental rights (Vote, travel privacy-> CAMPER-> contraception, abortion (undue burden test here), Marriage, Procreation, Private education, family relations (related persons living together)

EP vs SDP: trigger

law affects all vs some

intermediate scrutiny

gender, legitimacy. Modified IS: commercial speech, content neutral TPM regulation, symbolic speech, cable TV

State discrimination against aliens

strict scrutiny unless: functioning of government purpose (police, teachers, serving on a jury) then rational basis



Procedural DP (essay opening)

procedural safeguards of notice and a hearing are required whenever a there is a serious deprivation of a life, liberty , or property interest.

4th amendment PI clause:

prevents economic discrimination by one state against cz or residents of another state unless there's a significant government interest (invasive species)

facial attacks under 1st amendment

Overbreadth, vagueness, prior restraint, unfettered discretion

content vs conduct regulation

strict vs TPM -> 3 part test: i) SGI (furthers significant government interest) ii) NT (must be narrowly tailored, iii) LOAC (leave open alternative channels for communication)

freedom of religion - essay opening

govbernment regulation tha tburdens free exercise rights may not be religiously motivated

purposeful interference

where you see a law that purposefully interferes with religious rights, strict scrutiny applies (chicken sacrifice!)

INcidental Burden

where you have neutral, generally applicable law that simply imposes an incidental burden on religious rights, rational basis will be applied and routinely the law will be upheld (ban all use of peyote!)



Establishment clause

sect preference: strict scrutiny


Else: lemon test


SEX


i) Secular purpose, ii) primary Effect must not advance nor inhibit religion, iii) no eXcessive government entanglement with relgion