Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
49 Cards in this Set
- Front
- Back
|
Ripe
|
(1) actual harm; or
(2) immediate threat of harm |
|
|
Moot
|
must be actual live controversy between parties at all stages of controversy
|
|
|
Moot Exception
|
(1) capable of repitition yet evading review;
(2) Class action (3) collateral consequences (4) voluntary cessation of illegal activities |
|
|
Standing
|
(1) injury in fact
(2) causation (3) redressability |
|
|
Citizen standing
|
ONLY if (1) challenging laws enacted under congress's taxing and spending power; and
(2) exceeds specific constitutional limit, i.e. Establishment Clause |
|
|
SC review of state court judgment
|
(1) federal law
(2) final judgment (3) highest court in state (4) NO independent and adequate state grounds |
|
|
Doctrine of Abstentation
|
SC refuses to hear case because law is unsettled or unclear at state level, OR already pending at state level
|
|
|
Political Question
|
(1) Rep form gov; (2) foreign affairs/military command decisions; (3) impeachment and removal process; (4) seating of delegates at NC; (5) election/qual. of members of congress; (6) procedures to amend const.; (7) partisan gerrymandering
|
|
|
Original Jurisdiction
|
SC has original Jx to hear disputes among states
Art III, Sec 2 |
|
|
Eleventh Amendment
|
Sovereign Immunity of states - state cannot be sued in federal court unless (1) state expressly and unmistakably consent; (2) congress clearly says so to enforce 14th Am. rights
Unrelated to 11th - states also have sovereign immunity to be sued in their court |
|
|
Express legislative Powers
|
admiralty, citizenship, bankruptcy, federal property, patents and copyrights, post offices, coining money, territories and DC, raising/supporting armies
Interstate commerce, tax and spend for general welfare, enforce 13(slavery),14(citizenship rights),15(vote) |
|
|
Necessary and Proper Clause
|
allows congress to use all means convenient and useful to carry out enumerated powers
MUST be combined with another enumerated power |
|
|
Commerce power
|
congress may regulate anything affecting interstate commerce
|
|
|
Cumulative Effects Doctrine
|
ability to regulate purely local and intrastate commerce activities, which when repeated substantially affect interstate commerce
|
|
|
Limitations of Commerce Power
|
may NOT: (1) tell states which laws to enact; (2) force state agencies to enforce federal law; (3) criminalize behavior unrelated to commercial or economic activity
|
|
|
Ways Congress can force states to do things they want
|
(1) regulate directly under commerce
(2) threaten preemption (3) conditional spending |
|
|
Taxing and Spending for General Welfare
|
Any tax okay so long as it is capable of raising some revenue
|
|
|
Conditional Spending
|
part of Congress's spending power. Okay if: (1) enacted for general welfare; (2) not violating individual liberties; (3) reasonably related to legitimate federal interest; (4) made clear it is quid pro quo
|
|
|
13th Amendment
|
Outlaws "badges and incidents of slavery"
NO state action required |
|
|
14th Amendment
|
Equal Protection and Due Process
Congress has power to enforce/remedy, but NOT redefine rights |
|
|
15th Amendment
|
protects right to vote against any state/federal gov. racial discrimination
Congress has power to enforce |
|
|
Delegation of Congressional Powers
|
power to delegate to agencies so long as they set forth some intelligible principal to guide agencies
|
|
|
Congressional Immunities
|
Congressional members immune from anything they do in their official legislative capacity
must be integral to legislative process like voting, etc. |
|
|
Privileges and Immunities Clause of Article IV
|
states may not discriminate against out-of-state citizens (not corp. or aliens) with respect to commercial activities
|
|
|
Dormant Commerce Clause
|
When congress has not acted, State law may be invalidated if it discriminates against or unreasonably burdens interstate commerce
|
|
|
"to promote health or safety" DCC test for invalidation
|
state shows no reasonable, non-discriminatory means to achieve objective
|
|
|
"unreasonable burden" of DCC
|
courts weigh (1) effects of law on free flow of commerce and 92) states interest
|
|
|
Contract Clause
|
states may not enact laws that "substantially impair pre-existing contrcats," UNLESS
(1) serves overriding public need (2) reasonably and narrow tailored means |
|
|
Ex Post Facto Law
|
Congress nor states can pass laws that:
(1) make criminal previously done act (2) increase punishment for crime already committed (3) reduce evidence needed for conviction after crime committed |
|
|
Strict Scrutiny
|
government must prove law is (1) necessary to achieve (2) compelling government interest
Uses: race, alienage (state and local), fundamental rights |
|
|
Intermediate Scrutiny
|
government must prove law (1) substantially serves (2) important government interest
Uses: Legitimacy, gender |
|
|
Rational Basis Test
|
P must prove that law (1) lacks a (2) rational basis and (3) is unrelated to any legitimate government objective
Uses: alienage (federal gov) everything else |
|
|
Fundamental Rights
|
privacy rights, vote, interstate travel, gun
|
|
|
Privacy Rights
|
(1) marriage and divorce
(2) contraception (3) abortion (4) obscenity in home (5) family relationships (6) refuse medical treatment (7) private consensual sex |
|
|
Vagueness
|
vague and unconstitutional if person of common intelligence could not know what behavior was prohibited
|
|
|
Overbreadth
|
law prohibits substantially more expression than necessary
|
|
|
Prior restraints
|
enjoins speech before uttered instead of punishing afterword
must be necessary to prevent direct, immediate, and irreparable harm |
|
|
Content Control
|
unconstitutional unless falls into special category or necessary to achieve compelling government interest (Strict Scrutiny)
|
|
|
Time, Place, and Manner Controls
|
(1) content must be neutral;
(2) there must be substantial alternative channels of communication; (3) narrowly tailored to serve important government interest (easy to prove) |
|
|
Speech Inciting Immediate lawless or violent behavior
|
government may punish and prohibit speech that is:
(1) directed at inciting; and (2) likely to incite imminent lawlessness |
|
|
Fighting words or hate speech
|
by very utterance (1) inflicts injury or (2) tend to incite immediate breach of peace
|
|
|
true threats
|
statements where speaker means to communicate a serious expression of intent to commit an unlawful act of violence
|
|
|
Obscenity
|
(1) avg person find work as whole appeals to prurient interest
(2) depicts/describes in patently offensive way sexual conduct (3) work as whole lacks serious literary, artistic, political, scientific value |
|
|
Libel and Defamation
|
covered in torts
|
|
|
commercial speech
|
may prohibit false, misleading, and deceitful advertising as well as advertising promoting unlawful actions
if beyond: advances substantial government interest and narrowly tailored (NOT SS) |
|
|
freedom of press
|
same rights as everyone
|
|
|
Freedom to Exercise Religion (1st Am.)
Part I. Beliefs |
governments may neither punish people due to religious beliefs nor require them to profess a particular religious belief
Gov may inquire into sincerity of beliefs, but not truths |
|
|
Freedom to Exercise Religion (1st Am.)
Part II Conduct |
may not single out, prohibit, or punish religious behavior solely b/c it is religious UNLESS compelling state interest (SS)
|
|
|
Establishment Clause (1st)
|
government may not aid one religion, all religions, or prefer on religion over another
Test: (1) law has secular purpose; (2) primary effect does not advance/inhibit religion; (3) law must avoid excessive entanglement with religion |
