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14 Cards in this Set
- Front
- Back
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Statute must satisfy PEG or else it violates the Establishment Clause
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P – The state statute or activity must have a primarily secular Purpose as opposed to
the purpose of advancing or inhibiting religion E – The law’s primary or inevitable Effect must neither disapprove of nor endorse religion AND G – The law or conduct can’t foster excessive Governmental religious entanglement |
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A content-neutral regulation must be a reasonable SON of the 1st amendment
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S – The restriction must be justified by a Significant governmental interest
O – The regulation must leave Open ample alternative channels of communication AND N – The regulation must be Narrowly tailored to further the government’s goal, but doesn’t have to be least restrictive means of doing so |
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All commercial speech restrictions with TANS are valid
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T – Advertisements must be Truthful and concern lawful products and services
A – Governmental restrictions must directly and materially Advance the government’s “substantial interest” in enacting the law (and there must be “reasonable fit” between the state’s goal and the means used to achieve that goal) N – The regulation must be Narrowly-drawn and must not be more extensive than necessary to achieve the government’s substantial interest |
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LAPS POP’S PAW is simply obscene, and is not constitutionally protected
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LAPS – Lacks Literary, Artistic, Political, or Scientific value (determined by a
national standard, not local) POPS – Patently Offensive Portrayal of Sex PAW – Prurient interest appeal, in which the material tends to excite lewd, lascivious, and lustful thoughts in a person of Average sensitivity; here, the Whole material must be weighed by the court |
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A suspect class RAN for equal protection
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R – Race
A – Alienage N – National origin |
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Fundamental rights drink from the Equal Protection VAT
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V – Voting rights
A – Access to courts T – The right to Travel throughout the US |
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Privileges and Immunities claims cannot be asserted by UA CRAP
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U – The US government
A – Associations (partnerships, LLCs, etc) C – Corporations R – A Resident of the state who’s law is being challenged (i.e., the P here must be a non-resident or a newly arrived resident) A – Aliens P – Partnerships |
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For an intermediate level of judicial scrutiny, use “IS” four times…
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I – Illegitimacy
S – Sexes (genders) IS – Illegal School-age children IS – Intermediate level of judicial Scrutiny IS – There must be an Important governmental interest, and the method chosen must Substantially relate to achieving that interest |
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…but note that “IS” does NOT apply to a MAP person
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M – Mentally disabled
A – Age discrimination victim P – Poverty-stricken person |
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The President always wears his VET’S CAP
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V – Veto Power over Congressional Acts
E – Executive Power to “take care” that laws of the US are faithfully executed T – Treaty Power S – State of the Union recommendation to Congress for proposed legislation C – Commander in Chief of the armed forces A – Appointment power over ambassadors, judges of the Supreme Court, and other “superior officers” of the US P – Pardon Power over federal crimes S – Power to call a Special Session of Congress |
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PIEPER FIT WABCD in Congress (express powers of Congress, enumerated in
Article I of the US Constitution) |
P – Post office
I – Investigatory power to find facts in order to pass legislation E – Enforcement of federal civil rights under the 13th, 14th, and 15th amendments P – Property power E – Federal Elections R – Raising revenues by taxing F – Fiscal power I – The power to regulate Inferior federal courts and their procedures T – Treaty power W – The power to declare War A – Power over Aliens and their naturalization to become citizens B – Bankruptcy C – International and interstate Commerce D – District of Columbia police power |
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Congress requires a 2/3 vote only when drinking a TEA I.V.
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T – For the Senate to ratify a Treaty
E – To Expel a member from either House of Congress A – To propose an Amendment to the Constitution (2/3 vote in each House) I – For the Senate to convict an Impeached official (2/3 of those present) V – For both Houses to override a Presidential Veto |
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The 13th amendment confronts the VIBS of slavery
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V – Vestiges
I – Incidents and B – Badges of the Slavery system |
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MAD2 COPS protect fundamental privacy interests
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M – Right of heterosexual couples to Marry
A – Right to an Abortion (“undue burden” standard) D – Spouse’s right to Dissolve a marriage D – Right of a terminally ill person to Die C – Right to buy, sell, or use Contraceptives O – Right to privately possess Obscene material (but not if it depicts minors) P – Parenting Rights (right to control the upbringing and education of child) S – Right to private, consensual Sexual Activity |
