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55 Cards in this Set
- Front
- Back
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Standing
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Whether the plaintiff is the proper party to bring a matter to the court for adjudication
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Injury
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plaintiff only asserts injuries that they personally have suffered (Disney case)
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Third party standing
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a plaintiff cannot assert claims of other, third parties, who are not before the court
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Exception to third party standing
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*Close relationship (doctot patient)
*Person is unlikely to assrt his own right (def. have standing to raise rights of potnential jurors) *An organzation may sue for its memebers |
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Ripeness
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Whether a federal court may grant pre-enforcement review of a statute regaulation.
Has the individualsustained or is immediately in danger of sustaining some direct injury |
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Mootness
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If events after teh filing of a lawsuit end the plaintiff's injury, the case must be dismissed as moot. (plaintiffmust have a live controversy)
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Mootness Exception
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*Wrong capable of repetition but evading review (aborotion)
*Voluntary cessation (if the defendant voluntary halts the offending practis but is free to resume. *Class action suit (only need mone member of the class to keep it going) |
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Poltiical Question
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The republican form of government; challege to the president's conduct of foreign policy; challenge to the impeachment and removal process; challenge to partisan gerrymandering
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Sovereign Immunity
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11th amendment bars suits against state in federal court
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Exception Sovereign Immunity
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waiver; sue under section 5 of the 14th amend, federal government may sue state governemtns
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Abstention
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federal courts may not enjoin pending state court
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Congress Authority
"M-I-L-D" |
Military
Indian Reservation Federl lands and Territories District of Columbia |
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Necessary and Proper Clause
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congress may use any means not prohibited but the constitution to carry out its authority
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Taxing
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congress may tax and spend for the general welfare
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Commerce Power
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Congress can regualate the channels of interestate commerce
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Channels of Interstate commerce
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highways, waters, interenet ect
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10th amendment
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A limit on congressional powers. Congress cannot compel state regulatory or legislative action
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Delegation of Powers
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No limit exists on congress' ability to delegate legislative power to executive agencies or even to judiciary.
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Treaties
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Agreement between US and foreign country that are negotiated by the president and are effective when ratified b the senate.
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Treaties that conflict with laws
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*Treaties prevail over conflicting state laws
*If a treaty conflicts with federal statute, the one adopted last in time control *If a treary conflict wiht the US Constitution, it is invalid |
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Executive Agreements
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An executive agreement is an agreement b/w the US and foreign country effective when signed by President and foreign official.
No Senate approval |
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Appointment Power
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The president appoints ambassadors, federal judges and officers of the US.
Must be approved by the senate. |
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Removal Power
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Unless removal limited by statute, the presdient may fire any executive branch office.
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Impeachment
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The president, VP, judges, and officers of the US can be impeached and removed from the office for treason, bribery or for high crimes and misdeamonrs
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Impeachment Process
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Impeachment majority of the House of Reps and conviction by the Senate is 2/3
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Dormant Commerce clause
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State and local laws are unconstitutional if they place undue burden on interstate commerce
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Preemption
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Federal law is superior to state and local law.
The supremcy clause of Artcle III provide that the constitution, laws and treaties made pursuant to it, are the supreme law of the land. |
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Express Preemption
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If the federal statute expressly says that Federal alw wholely occupies, then state and local laws are preempted
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Implied Preemption
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If federal and state law are mutually exclusive, federal law preempts state law.
**state laws can set higher standards |
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Privilege and immunities clause Article 4
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No state may deny citizens of other state of the privileges and immunities it awards its own citizens.
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State Taxation of Interstate Commerce
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States maynot use their tax system to help in state busineses
A state may only tax activities if there isa substantial nexus to the state |
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Full Faith and Credit
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courts in one state must give full faith and credit to judgments of courts in another state, as long as, the court had jurisdiction, judgment was on the merits, and the judgment was final
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Public function exception
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the consitution applies if a private entity is performing a task traditionally, exclusively done by the government
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entanglement exception
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the constitution applies if the government affirmatively authroizes, encourages, or facilitates unconstitutional activity.
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Strict Scrutiny
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Law must be necessary to achieve a compelling government Purpose
Inlcudes: race, national origin, alienage, travel, and voting Burden: On the government |
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intermediate scrutiny
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Law must be substantially related to an import governemnt purpose
Includes: Suspect Class and fundamental rights Burden: On government |
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Rational basis test
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law must be rationally related to a government purpose
Includes,: being part of democracy, age, wealth, handi-cap, all other classification Burden: On challenger |
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Bill of Attainder
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Legislative acts that inflict punishment on individuals without a judical trial. Prohibited by both federal and state government
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Fundamental Rights
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Privacy, interstate travel, voting, first amendment
(due process) |
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Suspect Class
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Race, national origin, sometimes alienage
(equal protection) |
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Procedural Due Process
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deprivation life, liberty, or property.
Deprivation property occurs if there is an entitlement and that entitlement is not fulfulled. Reasonable exception to continue to receive benefit. |
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Substanative Due Process
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Whether government has adequate reason to take a person's liberty ot property.
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Right to Privacy
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Right to marry, right to procrate, right to custody of child, right to keep family together, right to control the uprbringing of one's child, rigth to abortion, right to contrceptive
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Equal Protection of 14th Amendment
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Equal protection is applied to state and local government not to the federal government.
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Classification based on race
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strict scrutiny is applied. the classification exist on teh face of the law.
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Commercial Speech
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false and deceptive ads are not protectd by the 1st amendment
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freedom of association
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Law that prohibit or punish group membership must meet strict scrutiny.
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Free Exercise clause
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free exercise clause cannot be used to challenge a neutral law of general applicability
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Establishment clause
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S-E-X
Secular purpose for the law Effect must be neither to advance nor inhibit religion Excessive entanglement with religion |
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Congress ability for administrative appoint
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Congress may not appoint members or an agency or commission with adminstrative powers.
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ordinance "void on its face"
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An ordinance may be deemed to be facially invalid for the following three reasons: 1) vagueness, 2) overbreath, 3) unfettered discretion
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Contracts Clause
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Prohibits states from enacting any law that retroactively impairs contract rights.
The state regulation must substantially impair a contractual relationship. Serves an important government interest. The law is reasonably and narrowly tailored. |
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When state court does wrong by the federal constitution
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The Supreme Court can review the state decision if they disagree with state court application of the federal constitution then the can review.
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Executive privilege against subpoena
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Atricle II does not vest the President with an absolute, unqualified executive privilege as gainst a subpoena essential to enforcement of criminal statutes.
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Right to abortion
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The state may restrict aborition so long as they do not place an "undue burden" on a woman's right to choose. (Planned Parenthood v. Casey)
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