• Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off
Reading...
Front

Card Range To Study

through

image

Play button

image

Play button

image

Progress

1/18

Click to flip

Use LEFT and RIGHT arrow keys to navigate between flashcards;

Use UP and DOWN arrow keys to flip the card;

H to show hint;

A reads text to speech;

18 Cards in this Set

  • Front
  • Back
Basic Rule: Tax and Spend Power
1: can tax/spend for general welfare
2: in ANY rational basis, it will be upheld
3: can attach conditions, as long as they relate to a federal interest
Rule of Thumb: Distribution of Money
Whenever a statute distributes money, TAX/SPEND is the best justification.
Basic Rules: Commerce Clause and Federal Legislation
1: a FEDERAL statute will never be unconstitutional under the commerce clause—grant of power, not restriction
2: Commerce Clause is ALWAYS a *possible* pick when looking for a constitutional justification for a federal statute.
3: If Congress DELEGATES authority to regulate an area of commerce to the states, state legislation will ALWAYS be constitutional
Basic Rules: Commerce Clause and State Legislation
A court will balance the legitimate benefit of state legislation and the impact on commerce.
1: a constitutional challenge to STATE legislation on the grounds of a commerce clause violation is ALWAYS a possible challenge.
2: The following always violate the commerce clause:
a) a state law to protect local economic interests
b) a state law totally prohibiting the export of its natural resources
c) states can only ban imports of harmful products if there no other way to deal with the problem.
d) state regulation of foreign commerce
e) state regulation of federal government economic activity
Basic Rules: Preemption
Congress has preempted a field when:
1: statute says so
2: look at the intent of Congress
Rule of Thumb: Preemption
If the purpose of the state legislation and federal legislation are different, conclude no preemption unless the statute says so.
Basic Rules: Advisory Opinions
1: Fed Cts. cannot issue advisory opinions
2: Congress cannot authorize advisory opinions
3: some state courts can, some cannot
4: If the federal ct. decision is subject to review by a different branch of government, it is an advisory opinion
Basic Rule: Third Party Standing
Generally NOT Recognized
EXCEPT: a seller of goods or a provider of services has standing if he has also suffered harm through the effect of the regulation on customers.
Basic Rule: Full Faith and Credit
Judgment of one state must be given effect in another if:
1: first state had jurisdiction
2: judgment was on the merits
3: judgment was final
Basic Rule: Takings
A statute reducing the value of property WILL BE UPHELD if it promotes a legitimate public purpose
Basic Rule: Strict Scrutiny
Statute will be unconstitutional unless the GOVERNMENT can establish a COMPELLING government purpose.

Suspect Classes: RACE, RELIGION, NATIONAL ORIGIN, and most ALIENAGE distinctions.

Statutes that classify on the base of and impact: PRIVACY, VOTING, TRAVEL, MARRIAGE, and ABORTION
Basic Rule: Intermediate Scrutiny
A statute will be unconstitutional unless the GOVERNMENT can establish an IMPORTANT government purpose.

Lots of ad hoc: categories, but important category is SEX
Basic Rule: Rational Basis
A statute will be CONSTITUTIONAL unless the CHALLENGER can show NO RATIONAL BASIS (aka NO LEGITIMATE GOVERNMENT PURPOSE)

Use for EVERYTHING that isn’t Strict or Intermediate Scrutiny

***age is a rational basis test***
Finepoint: Alienage and equal protection
If Congress acts: rational basis
If States act: strict scrutiny
Rule of Thumb: State Action
Licensing and Assistance will NEVER be enough to convert to state activity on the MBE

Exception: don’t need state action for the involuntary servitude provisions of the 13th amendment
Rule of Thumb: Equal Protection + First Amendment
If both Equal Protection and a fundamental right under the first amendment seem like viable challenges, CHOOSE the FIRST AMENDMENT
Basic Rule: Free Exercise
A generally applicable law not aimed at religion will be upheld even if it requires behavior contrary to religion
Basic Rule: Establishment
1: secular purpose
2: primary effect neither advances nor inhibits religion
3: will not result in excessive government entanglement with religion