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