Constitutional Law Mbe And Maryland Essay

Front 1

Standing

Back 1

Right of a Particular Plaintiff to bring suit in federal Court. Requires:

(1) Actual Injury, Personal, concrete, particularized; (2) Govt action traceable to injury(3) Injury that court can redress.

Front 2

Ripeness

Back 2

[Too soon?]
(1) Only sue if harm has occurred or is likely
(2) Not sue if “law proposed” or “need regulations”
(3) Not sue if Gov’t “never prosecutes”; Need “substantially likelihood of prosecution”
(4) No advisory opinions

Front 3

Mootness

Back 3

(Too late?)
(1) Case must be alive throughout case including appeal

(2) EXCEPT: “Capable of repetition” and evading review – i.e. abortion challenge

Front 4

Political Question

Back 4

Political Question Areas:

(1) Impeachment [Senate “tries”]
(2) Expel House member [2/3 vote]
(3) Amend Const: How long? Can state rescind ratification?
(4) How terminate treaty?
(5) Which Congressional candidate received the most votes?

Otherwise: Fed Courts will hear case

Front 5

TAXING

Back 5

Constitutional if designed to “raise revenue”, but NOT if designed SOLELY to regulate

Front 6

SPENDING

Back 6

Congress can spend money for the General welfare; But CANNOT REGULATE for the General welfare

Front 7

Conditions on States Receiving Money from Congress

Back 7

Cong can impose condition on States in exchange for Fed. funds if:
a. “reasonably related” to federal interest and
b. pressure, not coercion (cannot tell a state you will receive no money for anything unless you accept x condition)

Front 8

What can Congress investigate?

Back 8

Congress can Investigate if “related” to legislative function

Front 9

What can Congress do to people testifying before Congress?

Back 9

Subpoena, hold in contempt, grant immunity

Front 10

What is Speech and Debate Clause?

Back 10

Legislator NOT liability for legislative acts or speeches “on the floor” of House or Senate; applies to legislator and aides.

Legislator still liable for speeches “off” the floor (e.g., press conferences)

Front 11

11TH AMENDMENT

Back 11

Congress can’t authorize monetary damages against State under Commerce Clause [no $ damages for patent or overtime].

However:

Congress CAN let citizens sue state for money for violation of 14th Amendment (Equal Protection)

Front 12

What can't states do?

Back 12

Make treaties w/ foreign nations Coin Money
Impose term limits on FEDERAL legislators

Front 13

SUPREMACY CLAUSE

Back 13

Federal law, reg, treaty override state law

Front 14

What is the Impairment of Contracts Clause?

Back 14

No State may pass a law which substantially impairs obligations of an outstanding contract, Article 1, Section 10.

Front 15

What is a Bill of Attainder?

Back 15

Legislative Punishment without notice or hearing, naming a specific person or group in a statute.

Front 16

What is the Privileges and Immunity Clause?

Back 16

Only time it is relevant on the MBE is when the statute prevents Out of State person, non-residents, from holding private employment in the state.

Front 17

What is the Dormant Commerce Clause?

Back 17

A state law is invalid where it discriminates or places an undue burden upon interstate commerce.

Front 18

Describe the effect of a state or local law which (1) facially discriminates against, or (2) has a direct, discriminatory effect upon, interstate commerce.

Back 18

The statute will be unconstitutional unless the state shows: its citizens get an overriding benefits and the absence of any non-discrimanatory means to achieve that interest.

Front 19

When can a state tax Foreign Commerce?

Back 19

Never unless Congress authorizes it do so, Article 1, Section 10, Clause 2.

Front 20

Eminent Domain

Back 20

Under the 5th and 14th Amendments, government may take private property if just compensation is provided to the owner. Taking=a reg. which denies owner of all reasonable economically viable use of his land;simple decrease in value is not enough.

Front 21

Individual Right to Procedural Due Process

Back 21

Under the 5th and 14th Amendments, an individual is entitled to notice and a hearing before being deprived of life, liberty, or property by government action.

Front 22

Describe when governmental conduct which impacts fundamental rights is unconstitutional.

Back 22

Must Satisfy Strict Scrutiny.
Fundamental Rights Include:
1st Amendment Free Speech,the Right to Vote, Right to Travel, Right to Privacy. Family, Body, Procreation.

Front 23

Under the Commerce Clause, what standard applies when a state statute discriminates on its face?

Back 23

Strict Scrutiny. The state must show 1. an important government interest and 2. no non-discriminatory alternative is available.

Front 24

What are constitutional law remedies?

Back 24

Declaratory Judgment or Injunction