Constitutional Law Flashcards
(40 cards)
Federal Case or Controversy Requirement?
- Must be actual dispute
- No political questions
Federal Court Standing - Individual?
- Actual or imminent Injury
- Causation (caused by conduct complained of)
- Redressability
Federal Court Standing - Third Party?
- Individual standing for third party
- Special relationship with third party
- Difficult for third party to assert her own rights
Federal Court Standing - Organizational?
- Members have standing on their own
- Interests asserted related to organizational purpose
- Individual members not required
Federal Court Standing - Taxpayer?
Has standing to sue over a federal tax or spending program that violated Establishment Clause.
Ripeness and Mootness?
Ripeness: Case will not be heard if only future harm
Mootness: Case will not be heard if controversy eliminated except if harm is capable of repetition or voluntary cessation by defendant.
11th Amendment / Sovereign Immunity?
- Citizens cannot sue State for money damages
- Citzens can sue local municipalities
- Citizens can sue State officials for injunctive relief
- States and Federal government can sue States
Private Action = State Action When:
- Traditional public function (parks, prisons, elections); or
- Government heavily involved (commanding, encouraging, entangled)
Congressional Powers?
- Regulate interstate commerce
- Regulate intrastate commerce if (1) rational belief of substantial interstate economic effect or (2) direct and substantial effect on interstate commerce
- Tax and spend
- War
- Naturalization
- Bankruptcy
- “Necessary and proper” - rationally related to constitutional power
Federal Judicial Powers?
Power to review:
1. Cases arising under Constitution or federal law
2. Admiralty
3. Two state
4. Citizens of different states
5. Cases involving foreigner or foreign nations
Exception: Supreme Court will not review if independent and adeqauate state grounds
Federal Executive Powers?
- Carry out laws
- Executive order
- Negotiate treaties (Senate approves)
- Appointments
- Foreign affars
- Pardon federal offenses
- Veto bills (no line item veto; only full bill)
- Executive privilege from disclosure (qualified privilege; can be outweighed by government interest)
Supremacy Clause?
Any state law that directly conflicts with federal law, impedes the objectives of federal law, or regulates an area traditionally occupied by Congress will be preempted.
Conflict Preemption?
State law is inconsistent with federal law covering same subject matter.
Field Preemption?
Where federal government intends to “occupy the entire field,” States cannot regulate in that field.
Dormant Commerce Clause?
Restricts States from regulating activity that affects interstate commerce if regulations is (1) discriminatory or (2) unduly burdensome.
Dormant Commerce Clause - Discriminatory on Its Face Allowed If:
- Necessary to
- Important noneconimic government interest; and
- No reasonable alternative
Dormant Commerce Clause - Discriminatory As Applied Allowed If:
Rational Basis Test
Dormant Commerce Clause - Two Discriminatory Regulation Exceptions?
- State is market participant
- Congress’s consent
Privileged and Immunities Clause?
States cannot discriminate against non-citizens regarding rights fundamental to national unity unless discrimination is substantially related to peculiar source of evil and no less discriminatory alternatives.
Aliens and corporations are not citizens.
1st Amendment - Free Exercise Clause
- Government cannot burden exercise of religion unless compelling government interest
- Generally applicable laws allowed (i.e., law against peyote as a drug)
- Religious Freedom Restoration Act allows challenge to Federal (not state) law of general applicability if substantial burden on free exercise; gov’t must meet strict scrutiny (narrowly tailored to achieve compelling government interest)
1st Amendment - Establishment Clause
- Government cannot endorse/favor religion
- Incidental effect allowed if benefits wide variety of people
- If contains sect preference, must survive strict scrutiny (narrowly tailored to achieve compelling government interest)
- If no sect preference, then need (1) secular purpose; (2) primary effect is not to advance/inhibit religion; and (3) no gov’t entanglement
1st Amendment - Free Speech - Content Based?
Strict Scrutiny (narrowly tailored to achieve compelling government interest)
1st Amendment - Free Speech - Unprotected Categories?
- Obscenity (prurient interest, patently offensive, lacks serious literary, artistic, political, or scientific value)
- Misrepresentation and defamation
- Speech intending to incite or produce imminent lawless action
- Fighting words that are likely to cause listener to commit act of violence; anger not enough
1st Amendment - Free Speech - Content Neutral?
Allowed if:
1. Significant government interest
2. Narrowly tailored; and
3. Open alternative channels
