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1
Q

A CASE CAN GET TO THE SUP CT BY EITHER

A

ORIGINAL JX OR APPELLATE JX

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2
Q

ORIGINAL JX; CASE CAN GO DIRECTLY TO SUP CT

CONGRESS CANNOT …

A

ENLARGE OR RESTRICT THE ORIGINAL JX OF THE SUP CT

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3
Q

APPELLATE JX

CASE IS APPEALED UP TO SUP CT

A

CONGRESS MAY REGULATE SCOPE

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4
Q

CONGRESS ____ TELL SUP CT WHAT TO DO

A

CANNOT

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5
Q

MOOTNESS (PAST)

A

THE ISSUE HAS ALREADY BEEN RESOLVED

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6
Q

RIPENESS (FUTURE)

A

CASE IS NOT READY TO BE BROUGHT TO CT

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7
Q

STANDING

A

P HAS TO HAVE PERSONAL INJURY

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8
Q

CASE OR CONTROVERSY

A

ACTUAL DISPUTE

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9
Q

INDEPENDENT AND ADEQ STATE GROUND

A

A CASE RESOLVED ON INDEPENDENT AND ADEQ STATE GROUNDS WILL NOT GO TO SUP CT

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10
Q

POLITICAL QUESTIONS/JUSTICIABILITY

A

FED CTS WILL NOT HEAR CASES REGARDING LEGISLATIVE OR EXECUTIVE POWER

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11
Q

11TH AMENDMENT
CITIZENS OF ONE STATE CANNOT SUE ITS OWN OR ANOTHER STATE

EXCEPTIONS

A

CONSENT

GOV OFFICIAL MAY BE SUED

MUNICIPALITIES MAY B SUED

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12
Q

EXEC POWER

A

VETO

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13
Q

PRES APPOINTMENT POWER

A

POWER TO APPOINT AMBASSADORS JUDGES HEADS OF AGENCIES

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14
Q

JOINT APPOINTMENT POWER

A

CONGRESS MAY APPOINT MEMBERS WHEN THE AGENCY HAS NO REGULATORY OR RULEMAKING AUTHORITY

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15
Q

PRES PARDON POWER

A

ABSOLUTE POWER OF THE PRES

ONLY PARDON FED CRIMES

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16
Q

PRES CAN COMMAND TROOPS BUT CANNOT

A

DECLARE WAR

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17
Q

PRES TREATY POWER

A

PRES HAS THE POWER TO ENTER INTO TREATIES

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18
Q

IF TREATY AND FED LAW CONFLICT..

A

LAST IN TIME PREVAILS

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19
Q

EXECUTIVE ORDER

A

DOMESTIC

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20
Q

EXECUTIVE AGREEMENT

A

FOREIGN

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21
Q

CONSTITUTIONALITY OF EXECUTIVE ORDERS

A

CANNOT CONFLICT OR SUPERSEDE CONGRESS

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22
Q

CONGRESSIONAL TAXING POWER

A

TO RAISE REVENUE FOR THE GENERAL WELFARE

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23
Q

CONGRESSIONAL SPENDING POWER

A

FOR THE GENERAL WELFARE

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24
Q

COMMERCE CLAUSE

A

CONGRESS HAS BROAD POWER TO REGULATE COMMERCE

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25
WAR POWER
CONGRESS CAN DECLARE WAR
26
FOREIGN AFFAIRS
CONGRESS HAS THE PRIMARY AUTHORITY
27
CONGRESSIONAL POWERS SUMMARY
TAX N SPEND COMMERCE POWER DECLARE WAR FOREIGN AFFAIRS ALIENS COIN $ FEDERAL LAND CONGRESS CAN DELEGATE POWERS MUST INCLUDE GUIDELINES AND LIMITATIONS
28
NECESSARY AND PROPER CLAUSE
W/E IS NECESSARY AND PROPER TO ENACT ENUMERATED POWERS
29
SUPREMACY CLAUSE
IN A CONFLICT FEDERAL ALWAYS WINS
30
STATE LAW CAN BE MORE ___ THAN FEDERAL LAW
RESTRICTIVE
31
10TH AMENDMENT
STATES HAVE POLICE POWER STATES CAN PASS LAWS FOR HEALTH SAFETY AND WELFARE THERE IS NO FED POLICE POWER
32
COMMANDEER RULE
FED GOV CANNOT REQ A STATE TO DO ANYTHING
33
DORMANT COMMERCE CLAUSE
STATE LAW REGULATING BUSINESS CANNOT DISCRIMINATE AGAINST OUT OF STATE BUSINESS
34
DORMANT CC - DISCRIMINATORY ON ITS FACE
STRICT SCRUTINY APPLIES (COMPELLING)
35
DORMANT CC DISCRIMINATORY EFFECT
INTERMEDIATE SCRUTINY APPLIES BURDEN ON COMMERCE SHOULD NOT BE EXCESSIVE
36
MARKET PARTICIPANT EXCEPTION
STATE CONTROLS ENTIRE INDUSTRY STATE MAY DISCRIMINATE
37
FULL FAITH AND CREDIT
JUDGMENT IN ONE STATE MUST BE GIVEN FULL FAITH AND CREDIT IN ANOTHER STATE
38
FEDERAL IMMUNITY
STATES CANNOT SUE FED GOV STATES CANNOT TAX FED GOV STATES CAN TAX INDIVIDUALS INDIVIDUAL CANNOT SUE UNLESS CONSENT
39
STATE IMMUNITY
FED GOV AND STATES CAN SUE A STATE FED GOV MAY NOT TAX A GOV ACTIVITY FED GOV MAY TAX A PROPRIETARY BUSINESS
40
EQUAL PROTECTION- GOV IS TREATING PPL
DIFFERENTLY
41
STRICT SCRUTINY APPLIES TO
RACE ALIENAGE NATIONAL ORIGIN
42
STRICT SCRUTINY- GOV HAS THE BURDEN TO SHOW THT
LAW IS NECESSARY TO ACHIEVE A COMPELLING INTEREST
43
INTERMEDIATE SCRUTINY APPLIES TO
GENDER ILLEGITIMACY
44
INTERMEDIATE SCRUTINY TEST
GOV HAS THE BURDEN TO SHOW THAT THE LAW IS SUBSTANTIALLY RELATED TO AN IMPORTANT INTEREST
45
RATIONAL BASIS APPLIES TO
EVERYONE ELSE
46
RATIONAL BASIS
PLAINTIFF HAS THE BURDEN TO SHOW THAT THE LAW IS NOT RATIONALLY RELATED TO A LEGITIMATE INTEREST
47
SUBSTANTIVE DUE PROCESS
GOV REGULATING A RIGHT FOR ALL PEOPLE
48
FUNDAMENTAL RIGHT = NON FUNDAMENTAL RIGHT=
SS RATIONAL BASIS
49
RIGHT TO VOTE
FUNDAMENTAL
50
FREE SPEECH
FUNDAMENTAL
51
INTERSTATE TRAVEL
FUNDAMENTAL
52
PRIVACY RIGHTS
FUNDAMENTAL
53
PROCEDURAL DUE PROCESS
PROP RIGHTS GOV JOBS LICENSES PUBLIC BENEFITS
54
EQUAL PROTECTION & DUE PROCESS FED LAW = STATE LAW=
5TH 14TH
55
PRIVILEGES & IMMUNITIES
STATE PASSES LAW THAT TREATS NON RESIDENTS DIFFERENTLY KEY: RESIIIIIIDENTTTTTT NOT EP!!
56
13TH AMENDMENT
BANS SLAVERY PRIVATE INDIVIDUALS CANNOT RACIALLY DISCRIMINATE (W/O STATE ACTION)
57
15TH AMENDMENT
VOTING AND RACIAL DISCRIMINATION
58
TAKINGS CLAUSE
1) GOV TAKING PRIVATE PROPERTY 2) FOR PUBLIC USE 3) W/JUST COMPENSATION
59
Takings Clause Balancing Test
The government considers: 1) The gov't interests 2) The economic impact on the owner 3) Whether the regulation substantially interferes with distinct, investment-backed expectations of the owner
60
INVERSE CONDEMNATION
DENIES YOU THE ECONOMIC BENEFIT OF THE LAND VALUE LEFT IS WORTH NOTHING
61
THE ESTABLISHMENT CLAUSE
GOV CANNOT PASS A LAW THT FORMALLY EST A RELIGION
62
FREE EXERCISE CLAUSE
GOV MUST REMAIN NEUTRAL ON PRACTICE OF RELIGION
63
A LAW NEUTRAL TO RELIGION WILL BE CONSTITUTIONAL EVEN IF
THE EFFECT PROHIBITS RELIGION
64
CONTENT BASED REGULATION
GOV STOPS THE MESSAGE TRIGGERS STRICT SCRUTINY
65
CONTENT NEUTRAL REGULATION
TIME PLACE AND MANNER
66
CONTENT NEUTRAL REGULATION GENERALLY CONSTITUTIONAL IF
1) FURTHERS SIGNIFICANT GOV INTEREST 2) LEAVES OPEN ALT MEANS OF COMMUNICATION (INTERMEDIATE)
67
PUBLIC FORUM
STREET AND PARKS MUST FURTHER SIGNIFICANT GOV INTEREST LEAVE OPEN ALT MEANS OF COMMUNICATION
68
NON PUBLIC FORUM
BILLBOARDS SIGNS AND BUSES REASONABLY RELATED TO A LEGITIMATE GOV INTEREST
69
OBSCENITY
A PRURIENT INTEREST IN SEX BY OBJ LOCAL COMMUNITY STANDARDS DEPICTS SEX IN A PATENTLY OFFENSIVE MANNER LACKS ANY SRS LITERARY ARTISTIC POLITICAL OR SCIENTIFIC VALUE
70
CLEAR AND PRESENT DANGER
SPEECH INCITES IMMINENT VIOLENT ACTION LIKELY TO PRODUCE VIOLENCE
71
FIGHTING WORDS
HARSH LANGUAGE LIKELY TO INCITE AN AVG PERSON TO COMMIT VIOLENCE
72
COMMERCIAL SPEECH
BUSINESS RELATED SPEECH REASONABLE FIT TO A SUBSTANTIAL INT NARROWLY TAILORED
73
FALSE/MISLEADING ADVERTISEMENT
SPEECH THT PROVIDES FALSE OR MISLEADING INFO NOT PROTECTED
74
PRIOR RESTRAINT
STOPS SPEECH B4 IT IS PUBLISHED INJUNCTIONS GAG ORDERS
75
UNFETTERED DISCRETION
GOV OFFICIALS CANNOT CHOOSE/ ALLOW ONE FORM OF SPEECH OVER ANOTHER
76
OVERBROAD N VAGUE SPEECH
STATUTE CANNOT B TOO BROAD OR TOO VAGUE KEYWORDS: ANY OR ALL
77
BILL OF ATTAINDER
CANNOT EXPRESSLY PUNISH AN INDIVIDUAL OR NAMED GROUP OF PPL
78
EX POST FACTO
LAW THT RETROACTIVELY MAKES ACTION ILLEGAL
79
CONTRACTS CLAUSE
STATE CANNOT EXPRESSLY IMPAIR UR ABILITY TO ENTER A K
80
STATE ACTION
THERE MUST B STATE/GOV ACTION TO VIOLATE THE CONSTITUTION
81
CONGRESS SHALL NOT PLAY ANY ROLE IN THE REMOVAL OF
EXECUTIVE OFFICERS THEREFORE, THE PRES MAY CONSTITUTIONALLY REMOVE A PRESIDENTIAL APPOINTEE W/O THE CONSENT OF THE SENATE
82
A STATE TAX IS VALID IF ITS
NONDISCRIMINATORY AND DID NOT APPLY DIRECTLY TO THE FED GOV

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