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Flashcards in Con Law Randoms Deck (13):

what should you write as an introduction if an essay is on the First Amendment?

The First Amendment generally prohibits the government from restricting the content of speech unless: (i) the government can prove that (ii) the restriction is necessary to achieve a compelling government interest.


what are 2 examples of categories of speech that are not protected by the 1st Amendment?

1. speech that incites imminent lawless action
2. fighting words


what is the general rule for standing?

To have standing to challenge government action on constitutional grounds, a person must show that he has a concrete stake in the outcome of the litigation.


how is a potential litigant deemed to have a stake in the outcome of the litigation so the potential litigant is deemed to have standing?

A potential litigant has a stake in the outcome of the litigation when the political litigant can (1) show he has an injury in fact cause by the government that is more than the theoretical injury that all persons will suffer when the government engages in unconstitutional actions AND (2) a decisions in his favor will eliminate his harm


any state law that conflicts with a treaty is....?



in terms of mootness in a class action suit, is it necessary that the suit by the named plaintiff be viable at all times?

No, as long as the claim is viable by some member of the resident's class, the case is not moot (b/c some members likely still have a real live controversy)


over what does the Supreme Court have original jurisdiction under Art. III, Sec. 2

In all cases affecting ambassadors, other public ministers, and consuls, and in which a state is a party.


under the EPC, is alienage a suspect classification?

yes, and t/f it is subject to strict scrutiny


when does an association have standing?

1. there is an injury in fact to its members that would give them standing
2. the injury is related to the organization's purpose and
3. neither the nature of the claim nor the relief requested requires participation of the individual members in the lawsuit


Can Congress regulate state and local government activities, even when the activities affect integral governmental functions?

Yes, so long as there is a constitutional basis for the law


what level of scrutiny apples to a state regulation of speech that is viewpoint neutral?

rational basis


gender is subject to which level of scrutiny?

intermediate (law will be upheld if it is substantially related to an important government interest)


will state action be found when the state has granted a monopoly to a business or heavily regulates it?