• 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

Card Range To Study



Play button


Play button




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;

32 Cards in this Set

  • Front
  • Back

Case and controversy requirement of Art. III Section2

Actual and definite dispute must exist between parties having adverse legal interests



Advisory opinions - fed courts can't give these


Political Question



There must be an immediate threat or harm

Mootness doctrine


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

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)

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.

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)

General Welfare clause

Not an independent source of power. (usually a wrong answer). It limits the taxing and spending power.

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)

Supersession Clause

A federal law will supersede any state law in direct conflict

What is an exception to the Supersession Clause?

When states give greater protections than Federal law (but still in compliance will federal law.)

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.

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)

2 ways to uphold a State law

(1) Dormant Commerce Clause

(2) Police Power

State Police Power

Regulates any health, safety, welfare, moral, or aesthetic welfare. How to uphold State statute.

Congressional Authorization

The delegation by Congress of its commerce power to the president. Most delegations of legislative power will be upheld.

Contracts Clause

Prohibits the states from retroactively impairing the obligation of an existing public/private contract UNLESS there is a significant government interest.


Usually loses to state's police power.

When does strict scrutiny apply?

(1) Protected First Amendment Rights

(2) Suspect Classes

(3) Fundamental Rights

Suspect Classes




National Origin

Fundamental Rights

(1) Right to Vote

(2) Right to Travel

(3) Right to Privacy

Areas of the Fundamental Right to Privacy



Abortion (even though we use undue burden test rather than strict scrutiny)



Education(private education ONLY - right of parents to home school)

Relations (i.e. family relations - right of family to live together ,rear children).

Strict Scrutiny Standard

State must prove that the statute is necessary to effectuate a compelling state interest.

Test for Intermediate Scrutiny

Burden on the state to prove that the law is substantially related to an important government issue.

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

What does "substantially related" mean in the Intermediate Scrutiny test?

there must be an exceedingly persuasive justification

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.

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.

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.

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

Test for a content-specific regulation (First Amendment issue)

Strict Scrutiny

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")

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