Constitutional Flashcards
(25 cards)
A (seller of goods may have) third-party standing to challenge a law if adversely acts against its customer. Needs to prove a:
Nexus between the party is bringing the lawsuit and the affected people.
(an usual nexus is economical nexus)
When may the Supreme Court review a decision from a state court? (04)
- Final Judgment from state court.
- From the highest state court.
- Substantial Fed. question being raised.
- the decision form the state court did not rest from adequate and independent state grounds (if not, the SC will decline to hear the case).
Rule against advisory opinions from Fed. Courts:
if the judgment of the Federal Court would have no legal effect on the parties, this means that is an advisory opinion. is unconstitutional.
Only can hear real controversies.
Can states give/issue advisory opinions?
Yes, state courts are allowed to.
Congress can impose conditions on their grants/funding to states, unless this conditions are:
Unduly coercive.
Example, “Congress is going to withdraw ALL federal finds unless …. “ this could be unduly burden
Equal protection Clause of the 14th Amendment is related with the
states
Can Congress order troops (army)?
NO.
Infringes on the President’s authority as a commander in chief of the armed forces.
President as Commander in chief can
basically say to the troops where to go.
President pardon power.
Who is elegible?
Federal offender or with Federal charges.
Needs a link with Federal
There is no presidential pardon (even for a fed. related conviction) if the convicted was
a Fed. official that was already impeach by the Congress.
Example, he can’t pardon himself
President’s constitutional powers to pardon prisoners extends only to those convicted of
Federal offenses.
If discrimination of a resident alien comes from:
1. State: there is a ______ scrutiny.
The burden of prove this is on the state.
2. Congress: ______ basis
- strict scrutiny (unless compelling reason for the discrimination/compelling interest)
[Important Gov. function: voting, teacher, police officer, jury -> important gov. function and the state is able to discriminate as rational basis.] - Rational basis
Discrimination based on age has a _______ review.
weak standard review.
The challenger needs to prove that the law is rational related to a legitimate government purpose.
Gender. Intermediate scrutiny. who has the burden?
The Government.
Needs to prove that the discriminating law is substantially related with an important government interest.
Procedural Due Process.
The state cannot deprive you of your due process rights
life, liberty or property interest
without: (02)
- Notice
2. Hearing
Procedural Due process:
balancing test.
interest being taking away, and we balance with the risk of error is no hearing is granted.
(Example: take away a divers license is balanced more important that a driver who has 3 speeding tickets in 3 weeks to continue being on the roads)
Contracts Clause: applies only to _______ laws
who is passing the law
states law.
That retroactively and substantially impairs contract rights, unless, that state law serves an important Gov. interest and is narrowly tailored to promote that interest.
The state amendment usually trumps because of the 10th Amendment.
13th Amendment
Prohibition against servitude.
Applies not only to government but to everyone.
NEVER choose an answer that says Equal Protection if
the Fed, government is involved or is passing the law in the question.
Equal protection is not applied to the feds.
Economic discrimination would have ________ basis.
Rational basis.
So, unless is really really discriminating, almost no doubt, there is not going to be discrimination between poor and wealthy people.
(Example: bus fees went up, affects mostly poor people, constitutional unless evidence of acting irrationally or motivated to discriminate)
First Amendment.
Content based restrictions on speech are presumably unconstitutional and have a ___________ of review.
Strict scrutiny standard of review.
Does Religious leaders can have governmental positions? to serve the public?
Yes.
Commercial speech can be restricted as long as
is narrowly tailored / serves a substantial Government interest = the restriction will be upheld.
The press has a right to public matters that are a
Public concern.
Can only be restricted by a narrowly tailored sanction design to further interest of the highest order.
This applies even if the information was obtained illegally (not by anchor person or the TV, they received it legally but the information per se was obtained illegally) .
