Constitutional Law

Front 1

Third Party Standing

Back 1

A plaintiff cannot assert claims of 3Ps who are not before the court, EXCEPT:

1. Close Relationship (Dr./Patient, criminal D in re: jurors)

2. Org. may sue for its members if: members have standing, interests germane to org's purpose, neither claim/relief req participation of indv. members.
2.

Front 2

Ripeness

Back 2

Whether fed ct may grant pre-enforcement review of statute or regulation. 2 criteria:

1. hardship that will be suffered

2. fitness of the issues & record for judicial review (does fed ct have all it needs to decide the issue)

Front 3

Mootness

Back 3

If events after the filing of a lawsuit end the P's injury, the case must be dismissed as moot.

3 Exceptions:
1. wrong capable of repetition but evading review (abortion)

2. voluntary cessation (if D halts, but free to resume @ anytime -> not moot)

3. class action suit: as long as 1 mbr. of class has ongoing injury

Front 4

Political Question Doctrine

Back 4

Constitutional violations the fed. cts. will not adjudicate:

1. "republican form of gov't"
2. challenges to President's foreign policy
3. challenges to impeachment/removal process
4. challenges to partisan gerrymandering

Front 5

Cases eligible for Supreme Court Review

Back 5

1. writ of certiorari (discretionary; all state, US Ct App cases, 3 judge federal district cts)
2. B/w State gov'ts

Front 6

Federal Police Power

Back 6

There is no general federal police power, except:

MILD
1. Military
2. Indian reservations
3. federal Land or territories
4. District of Columbia

Front 7

Eleventh Amendment

Back 7

Bars suits against states in federal court.

Front 8

Presidential Pardon Power

Back 8

President can pardon only for FEDERAL CRIMINAL liability.

Front 9

Preemtption

Back 9

1. Express
2. Implied (mutually exclusive)
3. State law impedes
4. Clear intent to preempt

Front 10

Dormant Commerce Clause

Back 10

State/Local laws are unconstitutional is they place an UNDUE BURDEN on interstate commerce.

Does not require discrimination. Corps/Aliens can use.

Only okay if it is NECESSARY to acheive an IMPT GOV'T PURPOSE (helping in staters at the expense of OOSers is never sufficient; must show no less discriminatory alternative)

Exceptions:
1. congressional approval
2. Mkt participant (local gov't may prefer its own in rec'ing benefits from go't programs --> UCLA, U-M tuition)

Front 11

Privileges and Immunities

Article IV

Back 11

No state many deny citizens of other states the P/I it accords its own citizens.

Req's discrimination against OOS

If discriminates against OOS in re: livelihood unCon unless NECESSARY to achieve IMPT GOV'T PURPOSE)

cannot be used by corporations and aliens

Front 12

Privileges or Immunities

14th Amendment

Back 12

Very narrow scope. Always a wrong answer unless RIGHT TO TRAVEL is involved.

No state should deny a citizen of the P/I of US citizens.

Front 13

Full Faith and Credit

Back 13

Courts in one state must give full faith and credit to judgments of courts of another state, so long as:

1. court had jx (over parties and subject matter)

2. was on the merits

3. judgment was final

Front 14

13th Amendment

Back 14

People cannot be or own slaves.

Can be used to prohibit private race discrimination.

Front 15

Situations where private conduct must comply w/Constitution

Back 15

Public Function: traditonally, exclusively done by gov't

Entanglement Exception: Gov't affirmatively authorizes, encourages, or facilitates unconstitutional activity.

Front 16

Rational Basis Test

Back 16

Law is upheld if RATIONALLY RELATED to a LEGITIMATE gov't purpose.

BOP: Challeger

Need only be some conceivable legitmate purpose of law.

Front 17

Intermediate Scrutiny

Back 17

Law is upheld if SUBSTANTIALLY RELATED to an IMPORTANT gov't purpose.

BOP: Gov't

Ct looks to actual purpose of law.

Means must be narrowly tailored (not least restrictive).

Front 18

Strict Scrutiny

Back 18

Law upheld if NECESSARY to achieve a COMPELLING gov't purpose.

BOP: Gov't

No less restrictive alternative can achieve objective.

Front 19

Procedural Due Process

Back 19

Has the gov't deprived a person of life, libery, or property (an entitlement to a continued receipt of benefit)? --

If yes, gov't must supply procedures balancing:
1. important of interest to individual;
2. ability of addtional procedure to increase the accuracy of fact finding; and
3. gov't interest in administrative efficiency.