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32 Cards in this Set
- Front
- Back
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Case and controversy requirement of Art. III Section2 |
Actual and definite dispute must exist between parties having adverse legal interests |
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RAMPS |
Ripeness Advisory opinions - fed courts can't give these Mootness Political Question Standing |
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Ripeness |
There must be an immediate threat or harm |
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Mootness doctrine Exception? |
A case is moot unless an actual controversy exist at all stages of review. EXCEPTION: Where the injury is capable of repetition yet evading review |
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Political Question |
Where the question is committed to another branch of gov't (Classic question is issue of foreign affairs where there is often a political question) |
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How do you establish Standing? |
Plaintiff must establish a concrete personal stake in the outcome. To do so, they must satisfy the constitutional standard imposed by the case and controversy requirement. Must establish (1) injury in fact (usually economic but can also be environmental or aesthetic) and (2) Causation - relief sought must eliminate the harm alleged, a.k.a redressability. |
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When does a third-party have standing? |
When there is (1) nexus - close relationship between the plaintiff and the third-parties (2)special need to adjudicate (usually economic harm) |
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General Welfare clause |
Not an independent source of power. (usually a wrong answer). It limits the taxing and spending power. |
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Congress's Property Power and what does it apply to? |
Congress has the power to make all rules and regulations affecting the territory or other property belonging to the U.S. Applies to: (1) wild animals roaming on federal property [even if they wander on to state land] (2) military ships and airplanes (3)Federal buildings and enclaves (army base, FBI building, indian reservations) |
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Supersession Clause |
A federal law will supersede any state law in direct conflict |
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What is an exception to the Supersession Clause? |
When states give greater protections than Federal law (but still in compliance will federal law.) |
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Federal Commerce Power |
Congress can regulate activities that affect national commerce in the aggregate. For a non-commercial activity, Congress must make a factual finding that the activity substantially affects interstate commerce. |
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Dormant Commerce Clause |
State regulation of interstate commerce must (1) be non-discriminatory between in-staters and out-of-staters (2) must not impose an undue burden on interstate commerce (to determine whether there is an undue burden, must apply balancing test where you balance state interest in regulation against the undue burden) |
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2 ways to uphold a State law |
(1) Dormant Commerce Clause (2) Police Power |
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State Police Power |
Regulates any health, safety, welfare, moral, or aesthetic welfare. How to uphold State statute. |
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Congressional Authorization |
The delegation by Congress of its commerce power to the president. Most delegations of legislative power will be upheld. |
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Contracts Clause |
Prohibits the states from retroactively impairing the obligation of an existing public/private contract UNLESS there is a significant government interest. IT DOES NOT APPLY TO THE FEDERAL GOVERNMENT. Usually loses to state's police power. |
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When does strict scrutiny apply? |
(1) Protected First Amendment Rights (2) Suspect Classes (3) Fundamental Rights |
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Suspect Classes |
RAN Race Alienage National Origin |
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Fundamental Rights |
(1) Right to Vote (2) Right to Travel (3) Right to Privacy |
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Areas of the Fundamental Right to Privacy |
CAMPER Contraception Abortion (even though we use undue burden test rather than strict scrutiny) Marriage Procreation Education(private education ONLY - right of parents to home school) Relations (i.e. family relations - right of family to live together ,rear children). |
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Strict Scrutiny Standard |
State must prove that the statute is necessary to effectuate a compelling state interest. |
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Test for Intermediate Scrutiny |
Burden on the state to prove that the law is substantially related to an important government issue. |
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What does Intermediate Scrutiny apply to? |
1. Gender 2. Illegitimacy 3. Commercial Speech 4. Content-Neutral Time/Place/Manner Regulation 5. Symbolic Speech (burning draft cards) 6. Cable TV |
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What does "substantially related" mean in the Intermediate Scrutiny test? |
there must be an exceedingly persuasive justification |
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What is an exception to the application of strict scrutiny to state alienage regulations? |
Subject to rational basis where functioning of government is involved. Ex. where teachers, policeman serve on juries. |
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When do illegal aliens get anything higher than rational basis in a discrimination case? |
Illegal aliens are NOT suspect. But they are entitled to free public education until 12th grade and that case was decided under intermediate scrutiny. |
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Procedural Due Process |
The procedural safeguards of notice and a hearing are required whenever there is a serious deprivation of any life, liberty or property interest. |
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Three part test for a Content-neutral regulation (First amendment issue) |
The regulation MUST (1) further a significant gov't interest (2) regulation must be narrowly tailored (3) leave open alternative channels of communication |
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Test for a content-specific regulation (First Amendment issue) |
Strict Scrutiny |
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When will a statute be void for vagueness? |
Where the statute is so unclearly defined that persons of ordinary intelligence have to guess at the meaning. (e.g. "breach of the peace") |
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Lemon v. Kurtzman test for Establishment Clause |
Establishment Clause compels the government to pursue a neutral course towards religion. For regulation to be valid: (1) primary purpose must be secular (not religious) (2) primary effect must neither inhibit nor advance religion AND (3) there must be no excessive gov't entanglement with religion |
