Con Law

Question 1

4 requirements for cases/controversies?

1. ______
2. ______
3. ______
4. ______

Answer 1

1. Standing
2. Ripeness
3. Mootness
4. Not a Political Question (PQD)

Question 2

Standing requires that plaintiff prove that she has suffered an _____ or ____________ ___ __ ______.

Answer 2

Standing requires that plaintiff prove that she has suffered an Injury or Imminently will be injured.

Question 3

Plaintiffs seeking injunctive/declaratory relief must show a ________________ __ _________ _______.

Answer 3

Plaintiffs seeking injunctive/declaratory relief must show a Likelihood of Future Harm.

See Lyons

Question 4

Standing requires Causation and ________.

This requirement prohibits the court from issuing __________ opinions.

Answer 4

Standing requires Causation and Redressability.

This requirement prohibits the court from issuing advisory opinions.

Question 5

3rd Party Standing: A plaintiff cannot assert claims of others (3rd parties) not before the Court, with 3 exceptions:

1. ______
2. ______
3. ______

Answer 5

3rd Party Standing: A plaintiff cannot assert claims of others (3rd parties) not before the Court, with 3 exceptions:

1. Close Relationship (between P & 3rd-party)
2. 3rd-Party is Unlikely or Unable to Assert Their Own Rights
3. Organization Suing on Behalf of Its Members

Question 6

Per the doctrine of Generalized Grievances: : A plaintiff may not ____________________

(with a few exceptions)

Answer 6

Per Generalized Grievances:

A plaintiff may not sue solely as a citizen or taxpayer interested in having the government comply with a law.

(with a few exceptions)

Question 7

Exception to Generalized Grievances

1. A taxpayer has standing to challenge ______

Answer 7

Exception to Generalized Grievances

1. A taxpayer has standing to challenge government expenditures pursuant to federal (or state and local) statutes as violating the Establishment Cause.

Question 8

_____________ is the question of whether a federal court may grant pre-enforcement review of a statute or regulation.

Answer 8

Ripeness is the question of whether a federal court may grant pre-enforcement review of a statute or regulation.

Question 9

Rational Basis requires a law be ____________ related to a(n) _______ government ______________.

Answer 9

Rational Basis requires a law be rationally related to a legitimate government purpose.

Question 10

In Rational Basis analysis, the burden is on the ______________ to prove that the law is/is not rationally related.

Answer 10

In Rational Basis analysis, the burden is on the CHALLENGER to prove that the law is NOT rationally related.

Question 11

Under a Rational Basis review, the __________ usually prevails.

Answer 11

Under a Rational Basis review, the government usually prevails.

Question 12

Under Intermediate Scrutiny, a law is upheld if it is _________ related to a(n) _______ government ______.

Answer 12

Under Intermediate Scrutiny, a law is upheld if it is substantially related to an important government purpose.

Question 13

“Substantially Related” may be referred to as “______________ly ____________.”

Answer 13

“Substantially Related” may be referred to as “Narrowly Tailored.”

Question 14

Under Intermediate Scrutiny, the burden of proof is on the ____________.

Answer 14

Under Intermediate Scrutiny, the burden of proof is on the government.

Question 15

Under Strict Scrutiny, a law is upheld if it is ____________ to achieve a(n) _______ government ______.

Answer 15

Under Strict Scrutiny, a law is upheld if it is necessary to achieve a compelling government purpose.

Question 16

Under _________ Scrutiny, the Court will look to the government’s actual purpose in enacting a law or statute.

Answer 16

Under Strict Scrutiny, the Court will look to the government’s actual purpose in enacting a law or statute.

Question 17

If the government violates the Equal Protection Clause by treating differently two otherwise similarly situated individuals by a law that discriminates on the basis of Gender, the law is subject to what level of scrutiny?

Answer 17

Intermediate Scrutiny.

Intermediate Scrutiny applies to Equal Protection violations on the basis of Gender.

Question 18

If the government violates the Equal Protection Clause by treating differently two otherwise similarly situated individuals by a law that discriminates on the basis of Race or National Origin, the law is subject to what level of scrutiny?

Answer 18

Strict Scrutiny.

Strict Scrutiny applies to Equal Protection violations on the basis of Race, National Origin, or Religion.

Question 19

If the government violates the Equal Protection Clause by treating differently two otherwise similarly situated individuals by a law that discriminates on the basis of age, the law is subject to what level of scrutiny?

Answer 19

Rational Basis.

Rational Basis applies to Equal Protection violations on the basis of age, as well as violations on all categories outside of the Strict and Immediate Scrutiny categories.

Question 20

If the Federal Government passes a law that denies ALL citizens the ability to exercise a fundamental right, the Federal Government has violated citizens’ _____________________ rights.

Answer 20

Substantive Due Process rights.

If the Federal Government passes a law that denies ALL citizens the ability to exercise a fundamental right, the Federal Government has violated citizens’ Substantive Due Process rights.

Question 21

The __________________ protects two similarly situated individuals from being treated differently by the federal government.

Answer 21

The Equal Protection Clause protects two similarly situated individuals from being treated differently by the federal government.

Question 22

A violation of citizens’ Privacy Rights by the Federal Government is protected against by citizens rights to _________________.

Answer 22

Substantive Due Process rights.

Substantive Due Process protects citizens against a violation of citizens’ Privacy Rights by the federal government.

Question 23

What broad rights are protected by Substantive Due Process?

1. ____________
2. ____________
3. ____________

Answer 23

What broad rights are protected by Substantive Due Process?

1. Privacy Rights (think C.A.M.P.E.R.S.)
2. Right to Travel
3. Right to Vote

Question 24

_______________________ protects citizens against federal government interference with citizens’ rights to life, liberty , or property interests, without notice and fair hearing.

Answer 24

Procedural Due Process protects citizens against federal government interference with citizens’ rights to life, liberty , or property interests, without notice and fair hearing.

Question 25

Federal Government regulation of citizens’ free speech in a non-public forum is valid if the regulation is:

1. ______________
2. _____________

Answer 25

Federal Government regulation of citizens’ free speech in a non-public forum is valid if the regulation is:

1. Viewpoint neutral
2. Reasonably related to a legitimate government interest

Question 26

Federal Government regulation of citizens’ free speech in a public forum is valid if the regulation is:

1. ____________
2. ____________
3. ____________

Answer 26

Federal Government regulation of citizens’ free speech in a public forum is valid if the regulation is:

1. Content neutral
2. Narrowly tailored to serve an important government interest
3. Alternative channels of communication are left open

Question 27

A statute that is subject to a Free Exercise test is examined to determine if it is either?

1. ______________; or
2. _____________

Answer 27

1. General Applicability
2. ## Specifically TargetedIf a statute is challenged as impeding Free Exercise of religion, the statute is examined to determine if the statute is either:
3. Generally applicable (then the statute is valid)
4. Specifically targeted towards religious practices (then the statute is invalid)

Question 28

To avoid a violation of an Establishment issue, a government act must meet the three below criteria:

1. ____________
2. ____________
3. ____________

Answer 28

1. Secular Purpose
2. Primary effect that neither advances nor inhibits religion
3. No excessive entanglement

If a government act does not meet all three criteria, the government act is a violation of the Establishment cause.

Question 29

Although state classifications based on alienage are generally suspect, a state may reserve a government position for citizens if it is related to:

1. ______________
2. _____________
3. ______________

Answer 29

Although state classifications based on alienage are generally suspect, a state may reserve a government position for citizens if it is related to:

1. Self-governance,
2. Involves policymaking, or
3. Requires exercise of important discretionary power over citizens.

Traditionally, this has been applied to teachers, police officers, and similar.

Question 30

Under the Privileges and Immunities Clause of Article IV, Section 2, __________.

Answer 30

Under the Privileges and Immunities Clause, states may not discriminate against nonresidents regarding fundamental rights.

Question 31

What rights does the Fourteenth Amendment Privileges or Immunities Clause protect?

Answer 31

The Fourteenth Amendment Privileges or Immunities Clause protects the rights of national citizenship.

The P&I Clause of the 14th Amendment prohibits a state from denying its own citizens the rights of national citizenship.

These rights include the right to petition Congress for redress of grievances, the right to vote for federal officers, the right to enter public lands, the right to interstate travel, and any other right flowing from the distinct relation of a citizen to the United States Government.

Question 32

Generally, the Privileges and Immunities Clause of Article IV, protects against discrimination by ________ against ______________________.

Answer 32

Generally, the Privileges and Immunities Clause of Article IV protects against discrimination by states against nonresidents, with respect to essential activities.

Question 33

A state may limit non-residents from participating in essential activities, without violating the Privileges and Immunities Clause of Article IV, if the state may show……..:

Answer 33

A state must show:

(1) The discrimination is closely related to a substantial state purpose, and
(2) Less restrictive means are not available.

In order for a state to limit non-residents from participation in essential activities.