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22 Cards in this Set

  • Front
  • Back
Case or controversy
1) Ripeness
2) Mootness
3) Standing
Ripeness
Must be immediate threat or harm
Mootness
The matter has already been resolved
Standing requirements
1) Injury
2) Causation
3) Redressability
Article IV Privileges and Immunities Clause
Prohibits discrimination by a state against nonresidents
14A Privileges or Immunities Clause
States may not deny their citizens the privileges or immunities of national citizenship
State taxes on interstate commerce requirements
1) Nondiscriminatory
2) Substantial nexus
3) Fair apportionment
4) Fair relationship
14A Enabling Clause requirements
Law must be congruent and proportional
Rational basis
Rationally related to a legitimate government purpose
Intermediate scrutiny
Substantially related to an important government purpose
Strict scrutiny
Necessary to achieve a compelling government purpose
Abortion
Pre-viability: undue burden test
Post-viability: can prohibit except for health of mother
Public forum time, place, and manner restrictions
1) Content neutral
2) Narrowly tailored to serve an important government interest
3) Leave open alternative channels of communication
Limited public and nonpublic forums
1) Reserves the forum for its intended use
2) Viewpoint neutral
3) Reasonably related to a legitimate government purpose
Obscenity elements
1) Appeals to the prurient interest in sex; community standard
2) Patently offensive to community standard
3) Lacks serious value; national reasonable person standard
Truthful commercial speech regulation
1) Substantial government interest
2) Directly advances interest
3) Narrowly tailored
Prior restraints
1) Narrowly drawn, reasonable, and definite
2) Injunction promptly sought
3) Prompt and final determination
Freedom of association regulations
1) Compelling government interest
2) Unrelated to suppression of ideas
3) Least restrictive means
1A and electoral balancing test
Severe 1A restriction: strict scrutiny
Reasonable and nondiscriminatory: generally upheld
Limits on campaign contributions
Intermediate scrutiny: closely drawn to match a sufficiently important interest
Sect preference
Narrowly tailored to promote a compelling interest
No sect preference - Lemont Test
1) Secular purpose
2) Primary effect that neither advances nor inhibits religion
3) Does not produce excessive government entanglement with religion