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28 Cards in this Set
- Front
- Back
Necessary and proper |
not independent source of power. Carriesother enumerated powers |
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General welfare |
only for taxing and spending |
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Freedom of Religion - general principle |
government regulation that burdens free exercise rights may not be religiously motivated |
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Privileges and immunities 14th amendment |
never has been correct answer. Protects rights of NATIONAL citizenship |
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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. |
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10th amendment |
prohibits commandeering - congress may not commandeer the states to enact or enforce a federal regulatory program. Protects states rights, usually wrong answer |
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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 |
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Supremacy Clause |
a federal law will supersede any state law in direct conflict. Exception: State law providing greater health and safety regulations |
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11th amendment |
cz cannot sue state in federal court w/out consent. Solution: sue state official |
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Commerce Clause |
congress can regulate commercial activity in the aggregate if it has a substantial economic effect on interstate commerce |
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Commerce clause - non commercial activity |
congress must make factual finding that the activity substantially affects interstate commerce (gun in school zone) |
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Dormant Commerce Clause |
1. non discriminatory 2. no undue burden -> balancing test, interest vs burden |
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Police Power |
regulates any health safety welfare moral aesthetic interest |
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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 |
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14th amendment - where does it apply? |
applies only to states |
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Equal protection: trigger |
similarly situated persons being treated differently |
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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) |
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EP vs SDP: trigger |
law affects all vs some |
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intermediate scrutiny |
gender, legitimacy. Modified IS: commercial speech, content neutral TPM regulation, symbolic speech, cable TV |
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State discrimination against aliens |
strict scrutiny unless: functioning of government purpose (police, teachers, serving on a jury) then rational basis |
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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. |
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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) |
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facial attacks under 1st amendment |
Overbreadth, vagueness, prior restraint, unfettered discretion |
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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) |
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freedom of religion - essay opening |
govbernment regulation tha tburdens free exercise rights may not be religiously motivated
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purposeful interference |
where you see a law that purposefully interferes with religious rights, strict scrutiny applies (chicken sacrifice!) |
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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!) |
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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 |