Constitutional Law Flashcards
(37 cards)
PRIVATE ENTITY
Any Action
Constitution does not apply to private actors unless: Private Actor
- significantly (excessive) entangled with government or
- performing a traditional gov’t/public function
CONGRESS
taxing and spending
General Welfare Clause
CONGRESS
prohibiting public and private discrimination against black people
Sec 2 (Enforcement clause) of 13th amendment
CONGRESS
prohibiting states from denying equal protection or due process
Sec. 5 (Enforcement clause) of the 14th Amendment
CONGRESS
regulating
1. channels of interstate commerce
2. instrumentalities (goods/people) traveling through interstate commerce
3. commercial activities that substantially impact interstate commerce in the aggregate
Article I
section 8
Commerce Clause
CONGRESS regulating 1. District Columbia 2. military bases 3. Native American lands 4. fed property and territories
Congress’s Police Powers
CONGRESS
Forcing states to pass laws/engage in regulatory conduct on congress’ behalf
10th Amendment
Congress cannot compel state regulatory action (Congress cannot commandeer state legislature)
*CONGRESS may incentivize states to pass laws, but not mandate that they do so
CONGRESS
Regulating the appellate jurisdiction of the US Supreme Court
Art III- allowed
CONGRESS
Regulating the jurisdiction of the lower federal courts
Art III- allowed
CONGRESS
regulating the original jurisdiction of the US Supreme Court
Art III- NOT allowed
EXECUTIVE
doing something in the best interest in the US
Power over domestic affairs- Valid so long as does not violate a Congressional act or the Constitution
EXECUTIVE
doing something in the best interest of the US
Power over foreign affairs- Valid so long as does not violate the Constitution
FEDERAL JUDICIARY
hearing a case
Art III Standing (part of Art III Case/ Controversy requirement)
1. injury 2. causation 3. redressability
Power to hear cases- must be a live case or controversy and involve a federal question or diversity jurisdiction
Ripeness= a case is only ripe if the government action has already been taken Mootness= a case is moot if the remedy provided by the court will not redress the injury
FEDERAL JURISDICTION
Hearing a case against a state by a private citizen
11th Amendment (Sovereign Immunity)
Exception:
- Congress using its powers under Sec 5 Enforcement Clause of the 14th Amendment
- Seeking injunctive relief against state officials
- Suing state officials in their official capacity for $$$
STATE
Any action
10th Amendment: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
STATE
action that violates congressional act, a treaty or an executive order
Supremacy Clause (supreme law of the land)
STATE
imposing burden on interstate commerce
Dormant Commerce Clause
Facially Discriminatory law = strict scrutiny review
Facially neutral law =burdens cannot exceed benefits
Exceptions
- market participant
- congressional approval
STATE
state discriminates against out of state citizens in their ability to EARN A LIVING or EXERCISE A FUNDAMENTAL RIGHT
Privileges AND immunities clause of Art IV
STATE
state imposes a durational residency requirement
Privileges or immunities clause of the 14th amendment
STATE
impairment of obligations under an existing contract
Contracts Clause
- private contracts= intermediate scrutiny
= public contracts= strict scrutiny
State or Congress
Person or specific group is punished in the text of the law
Bill of Attainder
State or Congress
Imposing retroactive criminal liability
Ex Post Facto
State or Congress
Intentional discriminate on the base of race, ethnicity, or religion (suspect class)
5th Am Equal protection (14th Am States I 5th Am Fed Gov
Strict scrutiny
State
Intentional discrimination on the basis of alienage (US citizenship)
5th Am Equal protection (14th Am States I 5th Am Fed Gov
Strict scrutiny
Unless: 1. serve on a jury, 2. be a public teacher, 3. vote, 4. probation/police officer
