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53 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Federalism |
Horizontal: the balance of power between legislative, executive, and judicial branches. Vertical: the balance of power between national, state, an local |
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Rational Basis Test |
A law that serves a legitimate gov't interest will be upheld if it passes the rational basis test, lowest level of review, easy to pass |
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Missouri v. Holland |
Rules: any regulation that is passed on the administrative side of a treaty must be consistent with the treaty. When Acts of Congress are made in pursuance of the Constitution, then the Acts of Congress are the supreme law of the land, while treaties are declared to be so when made under the authority of the United States. |
Supremacy Clause |
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Self-executing treaties |
when the subject matter is controlled by the treaty itself |
Supremacy Clause |
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non-self-executing treaty |
Congress gives authority to another body to exercise the law |
Supremacy Clause |
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Garrett v. City of Escondido |
Court ruled that city couldn't make ordinances about immigration because it would burden federal regulation. Pre-emption rules |
Supremacy Clause |
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Express pre-emption |
The legislature will put language specifically in a law that forbids any lower level of gov't from regulating on the subject matter |
Supremacy Clause |
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Field Pre-emption |
the regulating body has an active regulation that is so comprehensive in nature that it precludes lower regulation |
Supremacy Clause
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conflict pre-emption |
if the state or local gov't tries to regulate in an area that is regulated by the fed, and it burdens the fed regulation |
Supremacy Clause |
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Printz v. US |
Congress may not compel a state or local government to implement federal regulatory programs, even if they are temporary functions. |
10th amendment |
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Reno V. Condon |
The Tenth Amendment does not prevent the Federal Government from regulating the States as individual entities if it does not ask the States to enforce a federal program. |
10th amendment |
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Wickard v. Filburn |
Wheat guy. Activities local in character that have an economic effect on interstate commerce can be regulated by Congress under the Commerce Clause. |
Commerce Clause |
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US v Lopez |
The power of Congress to regulate activities extends only to those activities that substantially affect interstate commerce. The Act neither regulates commercial activity, nor contains a requirement that the possession be connected in any way to interstate commerce. |
Commerce Clause |
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Gonzales v. Raich |
Congress can regulate economic intrastate issues |
Commerce Clause |
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Constitution of State of Washington |
Initiatives, referendum, |
State Constitution: Initiative and Home Rule |
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Citizens for Financial Responsible Gov't v. City of Spokane |
Municipal Affairs Test: 1.Is there a conflict between a state statute and a city measure? 2. Is the subject of the statute a matter of statewide concern? 3. Is the subject of the statute reasonably related and narrowly tailored to resolving the matter of statewide concern? If yes, then the conflicting measure is no longer a municipal affair. |
Federalism and Home Rule |
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CA Federal Savings and Loan Assn. v. City of LA |
The same rules apply from the previous case, but this one was about a savings and loan institution. |
Federalism and Home Rule |
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Hunter v. City of Pittsburgh |
The city is an extension of the state's power, and state can divide, consolidate and do as it wishes with it. |
Home Rule |
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Board of County Commissioners v. City of Cheyenne |
To annex an area into the city, the two areas have to be touching a substantial amount. |
Home Rule |
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Ziols v. Rice County board of commissioners |
1. Determine ideal district to ensure vote dilution is not an issue (total population/number of districts=ideal size) 2. Deviations from ideal districts below 10% is permitted' 10%-16% must be justified; above 16% is unconstitutional. 3. Justifications if deviations are 10%-16%: contiguity, compactness, geographical integrity, communities of interest. |
federalism redistricting, home rule |
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Cal governor's Code Sec. 57026 |
Must be transparent in city gov't and make sure that you adequately inform the public of redistrictings and the like |
home rule |
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Lawrence v. Texas |
1. Liberty interest which protects individual from unwarranted gov't intrusion into private aspects of private lives. 2. Protects fundamental rights that are deeply rooted in this nation's history |
police power: substantive due process |
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Goldblatt v. Town of Hempsted |
1. Police Power: laws that are intended to protect the health, safety, and general wellfare of citizens. 2. Laws passed by the legislature enjoy a presumption of constitutionality. If land loses all economic value because of a regulation, the city has to compensate the individuals involved |
police power |
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Village of Euclid v. Amber Realty Company |
1. General Plans 2. Specific Plans 3. Zones 4. Will not be struck down by court unless they are clearly arbitrary and unreasonable having no relation to health, safety, morals, and general welfare. Constitutional to rezone even if it devalues the property |
Police Power: zoning |
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Belleville Chamber of Commerce v. town of Belleville |
There has to be a reasonable connection between what you're trying to protect and a licence. Fees can't exceed the cost of issuing the license |
Police Power: fees |
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Intermediate scrutiny (City of Renton v. Playtime Theaters) |
3-part Renton test: 1. Does the regulation ban "adult content" altogether? 2. Is the regulation content-based or a content neutral time, place, and manner regulation. 3. is the regulation designed to serve a significant gov't interest and does it unreasonably limit alternative avenues of communication |
standards of review |
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Rational Basis |
Lowest level of scrutiny: the law must be rationally related to a legit gov't purpose and will not be overturned unless it is arbitrary or capricious. |
standards of review |
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intermediate scrutiny |
free speech regulations which are not focused on the content of the speech are content-neutral, time, place, and manner restrictions |
standards of review |
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strict scrutiny (village of belle terre v. boras) |
content-based restrictions. 1. Laws which implicate suspect classifications or fundamental rights are subject to strict scrutiny. Laws which regulate choices in marriage and other intimate relations are also subject to strict scrutiny. 2.laws that infringe on these rights must promote a compelling gov't interest and be narrowly tailored to that interest |
standards of review |
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5th Amendment US Constitution |
1. no person shall be deprived of life, liberty, or property without due process of law; nor shall private property be taken for public use, without just compensation. 2.land use regualtion can effect a taking if it does not substantially advance legit state interests, or denies an owner an economic viable use of his land. |
Eminent Domain |
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Moore v. City of East Cleveland, Ohio |
city can't define family in re. to housing |
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Infrastructure Construction : Special Assessments (Heavens v. King County Library) |
assessments have one element: they are for the construction of local improvements that are: 1. appurtenant to specific land 2. bring a benefit substantially more intense than is yielded to the rest of the municipality. the benefit to the land must be actual, physical and materail and not merely speculative or conjectural. |
gov't finance |
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Infrastructure Construction : Special Assessments (McNally v. Teaneck Tp) |
1. Exaction of more than the special benefit to the property owner would constitute a taking of a private property for public use without compensation 2. two statutory ceilings: 1)total assessments may not exceed the total costs and 2) individual assessment must not be in excess of the enhanced market value Prevents communities from making profits off of improvements |
gov't finance |
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Infrastructure Construction : Special Assessments (McNally v. Teaneck Tp) |
Total cost of the entire improvement divided by total front footage = price per front footage, this is multiplied by the particular front footage = particular property owner cost
TC/TFF=CFF(PFF)=correct assessment
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Gov't Finance |
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Infrastructure Construnction: Bonding: General Obligation |
Pledge of city's full faith and credit to retire bonds |
Gov't finance |
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Infrastructure Construnction: Bonding: revenue |
pledge of revenue generated by specific enterprises (e.g. water, sewer, electricity, etc.) to retire bonds |
gov't finance |
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Revenue Generation: Taxation (Nordlinger v. Hahn) |
1.Tax laws are generally subject to the lowest level of scrutiny by the court: the rational basis test: which means that the law is rationally related to a legit gov't purpose. 2. Laws which are arbitrary or capricious cannot be upheld under the rational basis test. |
gov't finance |
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Revenue Generation methods |
property tax, sales tax, income tax, severance tax, excise tax |
gov't finance |
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Legislative & Political Activities (Regan; Branch Ministries) |
1. Legislative Activity: 501 (c ) 3 cannot participate in substantial (15%) lobbying. 2. Political Activity: 501 (c ) 3 is prohibited from engaging in "any political campaigin on behalf of any candidate for public office;" lobbyinh and campaigning may be performed through 501 (c ) 4 |
nonprofit org. |
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Tax exemption qualifications: (Easter House) |
Operational test for 501 c3 1. No part of the earnings may be for the benefit of any private shareholder or individual. 2. Organization must be organized and operated exclusively for one or more tax exempt purpose - exclusively does not mean solely. 3. An incidental nonexempt purpose will not disqualify an organization's exemption, but a single substantial nonexempt purpose or activity will. 4. trade or business: a 501 c 3 can operate a trade or business as long as it is not and does not become a primary purpose of the organization |
nonprofit org. |
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Tax Exemption qualifications: organizational test (Bob Jones University) |
To qualify for tax exemption, an organization must show that it falls within one of the 8 categories expressly set forward for religious exemption: religious, charitable, scientific, testing for public safety, literary or educational purposes, fostering nat'l or int'l amateur sports, prevention of cruelty to animals) 2. that its activity is not contrary to settled public policy |
nonprofit org. |
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Personnel Management (Franceschi and Prowel) |
1Title VII of the CRA is a vehicle through which an individual may seek recovery for employment discrimination on the grounds of race color, religion, gender, or national origin. 2. Before an employee can sue in federal court, they must first exhaust administrative means (file an administrative charge with EEOC) 3. Have to exhaust all administrative remedies through appeals too. 4. Failure to provide a hearing when one is required by law or policy is a violation of due process. |
HR |
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4th amendment of Constitution |
the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, and no warrants shall be issued without probable cause, supported by oath and particularly describing the place to be searched, and the persons or things to be seized |
search and seizure |
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Warrant Requirements (Camara v. Municipal Court of City and County of San Fran) |
1. A gov't administrative search of private property without a warrant violates 4th amendment prohibition against unreasonably searches 2. Regarding routine area inspections pursuant to municipal enforcement programs that are based on reasonable legislative or adminstrative standards such as passage of time, nature of property, condition of entire area. |
Search and Seizure |
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Exceptions to search warrant |
consent, exigent circumstances, hot pursuit, plain view, highly regulated industries |
search and seizure |
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5th amendment, US constitution |
1. Rule: is the condition imposed reasonably related to the burden created by the development? 2. in practice, it is called the nexus rule. 3. there must be a nexus between the condition of appro |
search and seizure |
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5th amendment US consti. |
1. Rule: condition imposed must be roughly proportional to the impact created by the development. 2. Requires quantification, but not mathematical precision 3. Nollan: nature of condition 4. Dolan: extent of condition |
regulatory taking |
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Nollan v. CA Coastal Commission |
Nature of Condition: the CCC failed to make a reasonble connection between the condition being imposed and the burden created. |
regulatory taking |
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Dolan v. City of Tiggard |
Rough proportionality test: there has to be a rough proportionality between the burden being imposed and the benefit created. The city has to quantify its findings that the taking will produce a benefit equal to or greater than the burden imposed |
regulatory taking |
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5th amendment |
1. no person shall be deprived of life, liberty, or property without due process of law; nor shall private property be taken for public use, without just compensation 2. land use regulation can effect a taking if it "does not legit |
regulatory taking |
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HI housing authority v. Midkiff |
the taking clause is expanded from being just for public uses to being for public purposes, like redistributing land that is concentrated among a few land-owners |
regulatory taking |
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Kelo v. City of New London |
you can take property for development purposes if you can prove that it's run down |
regulatory taking |
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branch ministries v. Rossoti |
501 c 3 can't campaign for a specific candidate for or against |
nonprofit |
