Constitutional Law--Mbe

Front 1

Intergovernmental Immunities

Back 1

TAX, PROP, SUE

TAX=FG can't be taxed, but its contractors can so long as nondiscriminatory. FG may tax state.

PROP=Congress/FG may reg if involves rules and regulations regarding territory of the US (indian res, animals)

SUE=FG can sue state

Front 2

Dormant Commerce Clause

Back 2

NICC---State's Right (2-prong test)[No SF + NO UB][LRA Test]

Front 3

Dormant CC--Exception

Back 3

MPD--if fully *created & funded w/ state tax dollars

Front 4

MPD v Art IV Privileges & Immunities

Back 4

Test: funding-source & extent

Front 5

State Tax of Interstate Commerce

Back 5

Two-part Test: (1) R & ND (2) SN btwn state interest and activity taxed

Front 6

Transit Doctrine for State Taxation of Interstate Commerce

Back 6

(1) Goods or (2) commodities=no tax if in "stream" of IC BUT
a) beginning of T
b) end of T
c) any break in T
(2) Instrumentalities of commerce (trucks) to extent used by taxpayer

Front 7

Supremacy Clause Test

Back 7

Did Congress intend to occupy the field? If so-->SL UNCON

Front 8

Suppression

Back 8

SL in ACTUAL conflict w/ FEDL-->UNCON

Exception: FEDL is about minimum standards only.

Front 9

Bill of Rights Provisions NOT applicable to the states

Back 9

2, 5, and 7
Arms
Grand Jury
Right to Civil Jury

Front 10

Retroactive Legislation:
Contracts

Back 10

NO WAY--no retroactive impairment of public or private contracts by NY or FL (but FED GOVT CAN)

Front 11

Ex Post Facto Laws

Back 11

To be UNCON, must retroactiely alter CRIMINAL (NOT civil)

Front 12

Bill of Attainder

Back 12

legislative punishment of named group or individual w/o trial; applies to state and fed

Front 13

State Action--Definition

Back 13

threshold req of gov't conduct that must be shown bf private discrimination can be restricted under 14th or 15th. **13th can punish private**

Front 14

State Action--(1) Public Function

Back 14

(1) private entity performing activities that were (a) traditionally and exclusively carried on by the state

Front 15

State Action--(2) Significant State Involvement

Back 15

(2) ex: state-owned textbooks in public school; state facilitates disrimination

Front 16

Procedural Due Process

Back 16

NOTICE + HEARING procedural safeguards IF **Serious Deprivation Test met.

Front 17

Serious Deprivation Test

Back 17

Prong 1--Severity of the harm
(v)
Prong 2--Administrative costs of the government

Front 18

Protected *Liberty Interests for PDP Test

Back 18

1. Commitment to a mental institution.
2. Right to contract
3. Right to Engage in Gainful Employment.
4. Right to Refuse Unwanted Medical Care
5. Right of Natural Parents in the Care and Custody of their Children
6. Injury to Reputation

Front 19

Property Interests

Back 19

1. Right to Public Education.
2. Right to Welfare Benefits
3. Liability Benefits
4. Continued Public Employment where termination can be only "for cause"
5. Revocation of a Driver's License.

Front 20

Takings

Back 20

1. Property CAN be taken by eminent domain, inverse condemnation, or state police power "regulation."
2. If you take private property for public use, you must provide *just compensation.

Front 21

Substantive Due Process
Economic Regulation

Back 21

Rational Basis Test

Front 22

Substantive Due Process
Fundamental Rights

Back 22

Strict Scrutiny

Front 23

Fundamental Rights

Back 23

VTP

V=Vote
T=Travel
P=Privacy

Front 24

Right to Privacy Mnemonic

Back 24

CAMPER--my camper is private! You strict scrutiny me now --you'll have to meet the court's strict scrutiny later

C=Contraception
A=Abortion
M=Marriage
P=Procreation
E=Education
R=Relations (rights of related persons to live together); no anti-group ordinances

Front 25

Standards of Review
Plaintiff's Burden

Back 25

Rational Basis

Front 26

Standards of Review
When Plaintiff's
Burden Kicks In

Back 26

Regulation classifies according to: MAPEN

Plaintiff must bring the map into court (wow that's really dumb but whatever)and show its not rationally drawn

M=mental retardation
A=age
P=poverty
E=economic & social welfare measures
N=necessities of life (food, medical care, clothing)

Front 27

Standard of Review
When State's Burden Kicks In

Back 27

Any time its not rational
basis:

1) First Amendment
2) Suspect Class
3) Fundamental Rights

Front 28

Suspect Class--Who and
What are They?

Back 28

RAN. The suspect class ran to court and demanded that their rights be protected.

R=Race
A=Alienage (except OK if gov't
is part of or
reason for reg)
N=National Origin

And the state was subject to strict scrutiny

Front 29

Intermediate Scrutiny
(Middle-Tier)

Back 29

SR II. Not senior but the second.

S=substantially
R=related
I=important
I=interest

Front 30

Intermediate Scrutiny
(When triggered)

Back 30

GI. Your GI tract is in the middle of your body.

G=Gender
I=Illegitimacy

Front 31

Free Exercise Clause

Back 31

BELIEFS=permitted

PRACTICES IN FURTHERANCE=may be *regulated.

Front 32

Establishment Clause

Back 32

Gov't can't aid religion.

SEX. SEX and religion don't mix that well.

1) Secular purpose
2) Effect is Neutral (Primary effect)on Religion
3) Entanglement (none)

Front 33

How the Supreme Court has
Deferred to Religion Despite
Establishment Clause

Back 33

1) **Property** tax exemptions for religious property upheld.

2) Religious displays have been held OK so long as its Jewish, Catholic, and Whatever else as one happy family in the display or just present in same building. (remember little school)

Front 34

FREEDOM OF SPEECH
4 Types of Facial Attacks

Back 34

OV PR UD. Don't talk OVER my VAGUE PRIOR REMARK, even if it was a PRIOR RESTRAINT of UNFETTERED DISCRETION!

OVERBREATH=statute punishes both protected and unprotected speech.

VAGUENESS=people of ordinary intelligence must guess at meaning.

PRIOR RESTRAINT=gov't action restricting free speech in advance of publication (gag order) (obscene books ok if safeguards are afforded).

UNFETTERED DISCRETION= licensing official has UNFETTERED discretion to confer or deny permit

Front 35

ESSAY APPROACH
Freedom of Speech

Back 35

Does it regulate the MESSAGE or is it a TIME/PLACE/MANNER that has no bearing on the message?

MESSAGE-->Is speech (a) protected or (b) not protected?

(a) protected-->SS test [gov must now show N& C reason for reg]
(b) unprotected

TIME PLACE MANNER-->Does the regulation still let you have FON?

FURTHER=a significant gov't interest.

OPEN=leave open alternative channels of communication

NARROW=narrowly tailored and no more restrictive than it has to be.

Front 36

FREEDOM OF ASSOCIATION
(What does it include?)

Back 36

Ex: Accepting Gov't Benefits,
Public Employment,
Seeking membership in
various organizations

Front 37

EXCEPTIONS FOR MEMBERSHIP
IN WACKY SUBVERSIVE GROUPS

Back 37

3 Part Test for Membership if You are Trying to Bar them from the (1) Bar or (2) Public Employment.

1) ACTIVE. Do they pay dues and/or are active?

2) KNOWING. Are they a knowing member of that group (do they know of subversive activity)?

3) SPECIFIC INTENT to further group's unlawful objective

Front 38

LOYALTY OATHS

Back 38

No good if precondition to public employment.

Front 39

DISCLOSURE REQUIREMENTS

Back 39

Generally not required.

Front 40

FREEDOM OF THE PRESS

Back 40

1) Right of Access--criminal trial (unless gov't interest outweighs)

2) Newspaper Privileges--(see NY distinction on evidence)

3) Broadcasting--may be regulated more closely due to limited # of frequencies available. (unequal rebuttal time ok for newspapers to do) (but not for public broadcasting)

Front 41

FREEDOM OF SPEECH
6 FORMS THAT CAN BE
REGULATED

Back 41

OFF DOCC

O=Obscenity (See test)
F=fighting words
F=fraudulent commercial speech

D=defamation
O=other areas (symbolic speech) (freedom not to speak)
C=Child pornography
C=Clear and Present Danger

Front 42

OBSCENITY TEST

Back 42

ADL=APPEAL, DEPICT, LACK VALUE

lads on video are obscene

Front 43

Time,Place and Manner
Restrictions
Public v. Private Forums

Back 43

PUBLIC=3 part test

PRIVATE=jails, airport terminals)

regulations-->(1) viewpoint neutral (content may be reg; but presenting 1 view is impermissible; (2)RR to a LGI

Front 44

Licensing Statutes
Validity Test

Back 44

1) Relate to important government objective;
2) clearly written & narrowly drawn;
3) reasonably regulated T, P, M of speech

Front 45

VALID STATUTE
(What Speaker Must Do)
________________________________
VOID STATUTE (void on face)

Back 45

Get Permit-->seek judicial relief b/f speaking or waive 1st.
________________________________
Ignore the Statute and Speak and defend him or herself