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Flashcards in Constitutional Law Deck (29):

Prohibits the citizens of one state from suing their own state or another state on federal claims for money damages, in federal court, without the state's consent.

11th Amendment


Limits the jurisdiction of federal courts to "cases" and "controversies"

Article III, Section 2


If a controversy or matter has been resolved



Bars consideration of claims before they have fully developed



Abstaining or refusing to hear a case when there are undecided issues of state law presented



What must a plaintiff show to have standing?

Direct and personal injury, actual causation, damages, and redressability


Political Question

A matter assigned to another branch of government by the Constitution or incapable of a judicial matter. Federal courts cannot hear cases involving political questions.


Adequate & Independent State Grounds

If a state court judgment can be supported on an adequate and independent state ground, the Supreme Court will not take jurisdiction.


Legislative Powers of Congress

to lay and collect taxes, to borrow money on the credit of the US, to regulate commerce with foreign nations and among the several states, to declare war, to raise and support armies, and to provide and maintain a navy


Necessary & Proper Clause

Gives Congress the implied power to make all laws which shall be necessary and proper for carrying into execution the foregoing powers


Commerce Power

Congress can regulate channels of interstate commerce (highways, waterways, and air traffic) and activities that substantially affect interstate commerce


Congress may not commander the legislative processes of the states by directly compelling them to enact and enforce a federal regulatory program (what Amendment?)

10th Amendment


Pardon Power of President?

President may grant reprieves and pardons for offenses against the US, except in cases of impeachment (no state, just federal)


Treaty Power of President?

The power to make treaties with foreign nations by and with the advice and consent of the Senate


Executive Agreements

President has power to enter into executive agreements and compacts with foreign nations. Such agreements are valid and prevail over inconsistent state law. Need not be ratified by Congress


Hierarchy of Laws

US Constitution, Treaties & Federal Statutes, Executive Orders & Agreements, State Constitution, State law & Ordinances


State Police Power

States may regulate any health, safety, welfare, morals, or aesthetic interests through their police powers. There are no federal police powers


Supremacy Clause

A federal law will supersede any state law with which it is in direct conflict. If Congress enacts legislation with the intention of preempting state law, the Congressional regulation will control


Prohibits slavery and involuntary servitude

13th Amendment


Strict Scrutiny

Burden of persuasion is on the government to show that the measure being challenged is necessary to achieve a compelling government interest (violation of fundamental rights) (Race, National origin, Alienage, Domestic Travel, Voting)


The Right to Travel

Privileges & Immunities Clause, Article IV, Section 2


Rational Basis

Burden of persuasion is on the plaintiff to show that the measure being challenged is not rationally related to a legitimate government interest (Age, disability, wealth, sexual orientation, all others)


Intermediate Scutiny

Burden of persuasion is on the government to show that the measure being challenged is substantially related to the achievement of an important government interest (violation of fundamental rights) (Gender, illegitimacy, Undocumented Alien children)


Ex Post Facto Laws

Retroactive criminal laws, either makes criminal an act that was not a crime when committed, prescribes greater punishment for a crime after its commission, or extends the statute of limitations for a crime as to which the previously applicable statute of limitations has already expired


Bills of Attainder

A legislative act that inflicts punishment without a judicial trial upon named individuals or an easily ascertainable group for past conduct


Contract Clause

No State shall pass any law impairing the obligation of contracts


Establishment Clause

Religion, strict scrutiny


Free Exercise Clause

The government may not punish an individual by denying benefits or imposing burdens based on religious belief, strict scrutiny


Freedom of Speech

Strict Scrutiny