Constitutional Law

Front 1

Rational Basis Test

Back 1

A test employed by the ct. to determine the validity of a statute in equal protection actions, whereby the court determines whether the challenged statute is rationally related to the achievement of a legitimate state interest

Front 2

Plenary

Back 2

Unlimited and open; as broad as a given situation may require

Front 3

Strict Scrutiny

Back 3

Method by which the courts determine the constitutionality of the law, when a law affects a fundamental right.

Under the test, the legislature must have a compelling state interest to enact the law and measures prescribed by the law must be the least restrictive means possible to accomplish its goal

Front 4

Compelling State Interest

Back 4

Defense to an alleged equal protection Clause violation that a state that a state action was necessary in order to protect an interest that the government is under a duty to protect

Front 5

Equal Protection Clause

Back 5

A constitutional guarantee that no person should be denied the same protection of the laws enjoyed by other persons in like circumstances

Front 6

Heightened Scrutiny

Back 6

A purposefully vague judicial description of all levels of scrutiny more exacting than minimal scrutiny

Front 7

Fundamental Right

Back 7

A liberty that is either expressly or implicitly provided for in the United States Constitution, the deprivation or burdening of which is subject to a heightened standard of review

Front 8

Due Process

Back 8

A constitutional mandate requiring the courts to protect and enforce individuals' rights and liberties consistent with prevailing principals of fairness and justice and prohibiting the federal and state governments from such activities that deprive citizens of life, liberty or property interest

Front 9

Suspect Classification

Back 9

A class of persons that have historically been subject to doscriminatory treatment

Statutes drawing a distinction between persons based on a suspect classification, i.e. race, nationality or alienage, are subject to a strict scrutiny standard of review

Front 10

Mandamus

Back 10

Equitable remedy

Front 11

Judicial Review [Black Letter Law]

Back 11

The S. Ct. has the power, implied from Article VI, Section 2 of the Constitution, to review acts of Congress, and if they are found repugnant to the Constitution, to declare void

Front 12

Supreme Court review of State Ct. decisions [black letter]

Back 12

The S. Ct. has jurisdiction over all courts with regarda to the Constitution, federal laws, and treaties

Front 13

4 Considerations for Justiciability Doctrine

Back 13

1. Standing
2. Ripeness
3. Mootness
4. Political Question

Front 14

3 Requirements for Standing

Back 14

1. Injury in Fact:
[P must allege that he suffered, or imminently will suffer an injury]

2. Nexus:
[A connection to the case or controversy that is fairly traceable to the D's conduct]

3. Redress:
[Favorable decision by a ct. would likely redress the injury suffered by the π]

Front 15

Ripeness

Back 15

A doctrine precluding a federal ct. from hearing or determining a matter, unless it constitutes an actual and present controversy warranting a determination by the ct.

Determines whether judicial review is timely and if standing exists

Front 16

Mootness

Back 16

To render (a question) moot or of no practical significance

A case is deemed moot when a decision of the ct. will no longer affect the plaintiff's rights

Front 17

Political Question

Back 17

An issue that is more appropriately left to the determination of another governmental branch and which the ct. declines to hear

[inappropriate for judicial review]

Front 18

Jurisdiction v. Justiciability

Back 18

Jurisdiction:
The authority of the ct. to hear the case

Justiciability:
Term of art placing constraints on judiciary from hearing certain types of cases

Front 19

Does Congress have the power to establish a federal bank?

Back 19

Yes

Necessary & Proper Clause [Article I § 8(18)]

Certain fed. powers giving Congress the power to choose and enact the means to perform duties imposed upon it are implied from the Necessary & Proper Clause

Front 20

Power to Tax Quote...

Back 20

"Power to tax involves the power to destroy, and the power to destroy may defeat and render useless the power to create"

Front 21

Interstate Commerce

Back 21

Commercial dealings between 2+ parties located in different states or located in one state and accomplished through point in another state or foreign country

Commercial dealings between two states

Front 22

Local Businesses and Interstate Commerce

Back 22

Local Businesses may be regulated by Congress if the scope of the business activities have some impact on interstate commerce

Front 23

Expressed and Inherent Presidential Powers [4 Approaches]

Back 23

1. No inherent power
[President may act only if there is expressed Constitutional or statutory authority

2. Interstitial
[inherent authority unless interfering w/ fucntion or powers of another branch

3. Legislative Accountability:
[President may exercise powers not mentioned in the Constituution so long as the President does not violate a statute or the Constutution

4. Broad Inherent Authority:
[President has inherent powers that may not be restricted by Congress and nay act unless the Constuutution is violated

Front 24

War & National Defense [black letter]

Back 24

Congress may delegate to the President the power to use the military force to suppress insurrection against the government of the United States and, pursuent thereto, can take all measures necessary to this end

The S. Ct. will not decide whether the Executive branch may Constitutionally order citizens to participate in military activity when no war has been declared by Congress

Front 25

Line Item Veto [BLR]

Back 25

Cancellation provisions authorized by the line item veto are not constitutional

Front 26

Legislative Veto Rule

Back 26

Unconstitutional to authorize by statute, a one-house "veto" if such a veto constitutes action that is essentially legislative in purpose

Front 27

Appointment, Discharge, and Supervision of Officers of the United States [BLR]

Back 27

The Independent Counsel provisions of the Ethics in Government Act are not violative of the appointments clause of the Constitution

Front 28

Presidential Immunity Requirements:

Back 28

Neither the doctrine of separation of powers nor the need for confidentiality of high level communications, without more, can sustain absolute, unqualified Presidential privilege of immunity from judicial process under all circumstances

Presidential immunity does not apply to civil damages litigation arising out of unofficial events occuring prior to assuming the Presidential office

Front 29

Impeachment

Back 29

the discrediting of a witness by offering evidence to show the witness lacks credibility

House of Representatives impeaches

Senate convicts

Front 30

Application of Bill of Rights to the States [BL Rules]

Back 30

- Incorporation Doctrine: private actions are not necessarily covered under the 1st, 14th, or other Constitutional Amendments

- Due Process as a limitation on procedures is not forbidden by the Bill of Rights

Front 31

What are the 6 main privacy rights concerning families?

Back 31

1. Right to marry
2. Right to Procreate
3. Right to keep one's family together
4. Right to custody over one's children
5. Right to raise one's children
6. Right to prevent pregnancy (contraceptives)

Front 32

What are the 3 questions to ask when determining whether equal protection applies?

Back 32

1. What is the classification?

2. What level of scrutiny should be applied?

3. Does the law meet the level of scrutiny?

Front 33

Constitutional Provisions Concerning Equal Protection [ammendments]

Back 33

The Equal Protection Clause of the 14th Amendment applies only to State and local governments [never fed. gov.]

Equal Protection is applied through the Due Process Clause of the 5th Amendment

Front 34

Some fundamental rights protected under the Equal Protection clause

Back 34

- Right to travel
- Right to vote

There is NO fundamental right to education

Front 35

Reasonableness of classification depends on

Back 35

- the basis of the classification
- character of the interests burdened by the classification
- governmental objectives supporting the classifications

Front 36

3 Principle Standards of Review for Classifications

Back 36

1. Traditional Rational Basis

2. Intermediate Scrutiny - substantially related to important government interest

3. Strict Scrutiny - classification must be necessary to a compelling state interest

Front 37

Immutable Characteristics

Back 37

characteristics one cannot change

[sex, illegitimacy, race, etc.]

Front 38

Suspect Classifications

Back 38

1. strict scrutiny
2. when a law purposefully employs a suspect classification
3. ordinary presumption of validity no longer exists
4. burden is on the state to demonstrate that the classification is necessary to a compelling state interest