Constitutional Law

Front 1

Strict Scrutiny Test

Back 1

Law will be upheld if it is NECESSARY to achieve a COMPELLING government purpose.

Government has burden of proof of showing no less restrictive alternative means - it is NECESSARY.

Front 2

Intermediate Scrutiny Test

Back 2

Law will be upheld if it is SUBSTANTIALLY related to an IMPORTANT government purpose.

Govt has burden of proof to show narrowly tailored/substantially related.

Front 3

Rational Basis Test

Back 3

Laws are upheld if it is RATIONALLY related to a LEGITIMATE government purpose.

Challenger has burden of proof.

Front 4

4 requirements of standing

Back 4

1. injury (usually economic)
2. causation and redressability - even if court gave what PL wanted, would harm be redressed?
3. No third party standing unless close relationship or organization
4. no generalized grievances

Front 5

11th Amendment states that...

Back 5

states can't be sued in federal court by its own citizens, other citizens of states or other country's citizens w/o consent

Front 6

Under what circumstances may Congress use its federal police power?

Back 6

MILD
Military
Indian reservations
Lands/territories
DC

Front 7

Hierarchy of laws

Back 7

1. constitution
2. acts of congress/treaties (if equal, last in time)
3. executive agreements (which are foreign) and executive orders (domestic)
4. state law

Front 8

For Congress to act, there must always be...

Back 8

bicameralism and presentment.

Front 9

Legislative veto

Back 9

trying to overturn presidential action w/o bicameralism is ALWAYS unconstitutional

Front 10

Does a treaty need senate approval?

Back 10

YES

Front 11

Impeachment requires...

Back 11

majority of House and 2/3 vote by Senate

Front 12

Due process kicks in for an entitlement which is

Back 12

a reasonable expectation to continue receiving a benefit

Front 13

What procedure is required for termination of welfare?

Back 13

pre notice and post hearing

Front 14

what procedure is required for termination of social security benefits

Back 14

post-termination hearing

Front 15

requisite procedure If a student is disciplined by public school

Back 15

notice of charges and opportunity to explain to principal. no need for trial type hearing

Front 16

procedure required before a parent's right regarding her children can be terminated

Back 16

notice and hearing

Front 17

level of scrutiny for state's interference with private contracts

Back 17

intermediate scrutiny

Front 18

level of scrutiny for state's interference with government contracts

Back 18

strict scrutiny

Front 19

level of scrutiny for retroactive civil liability

Back 19

rational basis

Front 20

level of scrutiny for private fundamental rights

Back 20

strict scrutiny

Front 21

level of scrutiny for right to abortion

Back 21

undue burden test

Front 22

level of scrutiny for right to practice trade or profession

Back 22

rational basis

Front 23

level of scrutiny for right to physician assisted suicide

Back 23

rational basis

Front 24

level of scrutiny for right to education

Back 24

rational basis

Front 25

the approach to equal protection questions

Back 25

1. what is the classification?
2. what level of scrutiny should be applied?
3. does the law meet the level of scrutiny

Front 26

level of scrutiny for race/national origin classification

Back 26

strict scrutiny

Front 27

level of scrutiny for gender classification

Back 27

intermediate scrutiny

Front 28

level of scrutiny for discrimination against non-marital children

Back 28

intermediate scrutiny, and laws that deny a benefit to all non-marital children but are granted to marital children is unconstitutional

Front 29

level of scrutiny against undocumented alien children

Back 29

intermediate scrutiny

Front 30

level of scrutiny in age discrimination

Back 30

rational basis

Front 31

level of scrutiny for disability discrimination

Back 31

rational basis

Front 32

level of scrutiny for sexual orientation

Back 32

rational basis

Front 33

level of scrutiny for laws affecting right to travel among 50 states

Back 33

strict scrutiny

Front 34

level of scrutiny for foreign travel

Back 34

rational basis

Front 35

level of scrutiny for right to vote

Back 35

strict scrutiny

Front 36

level of scrutiny for content based restrictions on speech

Back 36

strict scrutiny

Front 37

subject matter restriction on speech

Back 37

topic of the message

Front 38

viewpoint restriction on speech

Back 38

ideology of the message

Front 39

level of scrutiny for court orders suppressing speech

Back 39

strict scrutiny

Front 40

is flag burning constitutionally protected speech?

Back 40

YES

Front 41

is draft card burning constitutionally protected speech?

Back 41

NO

Front 42

Constitutionality of speech inciting illegal activity

Back 42

govt may punish speech if there is a substantial likelihood of imminent illegal activity and if the speech is directed to causing imminent illegality

Front 43

The test of constitutionality of obscene/sexual speech

Back 43

1. material must appeal to prurient interest (i.e. shameful, morbid) which is a local standard
2. material must be patently offensive under the law prohibiting obscenity
3. must lack redeeming artistic, literary, political or scientific value (national std)

Front 44

level of scrutiny for regulation of commercial speech

Back 44

intermediate scrutiny

Front 45

level of scrutiny for regulation of speech content (in general)

Back 45

strict scrutiny

Front 46

Government regulation of speech in public forums (like sidewalks, parks)

Back 46

Regulation of time, place or manner that serve an important government purpose and leaves open adequate alternative spaces for communication

Regulations must be subject matter and viewpoint neutral, or if not, strict scrutiny must be met.

Front 47

Government regulation of speech in limited public forum

Back 47

same as public

Front 48

Government regulation of speech in non-public form (e.g., military bases, jails, airports)

Back 48

government may regulate speech so long as the regulation is reasonable and VIEWPOINT neutral

Front 49

level of scrutiny of laws that prohibit/punish group membership

Back 49

strict scrutiny

Front 50

to punish membership in a group, it must be proven that the person...

Back 50

1. actively affiliated with the group, and
2. knows of the group's illegal activities, and
3. has specific intent to further those illegal activities.

Front 51

level of scrutiny for laws that require disclose of group membership, where disclosure would chill association

Back 51

strict scrutiny

Front 52

level of scrutiny re laws discriminating against religious speech or among religions

Back 52

strict scrutiny

Front 53

Test of establishment clause

Back 53

1. law must have secular purpose
2. govt can not endorse a religion
3. no excessive entanglement w/religion
(SEX)