Purple Flashcards
(82 cards)
1
Q
Two jurisdictions in which a case can go to the Supreme Court:
A
- Original: can go directly and Congress cannot effect.
2. Appellate: may be effected by congress
2
Q
Federal courts can only hear a matter if:
A
There is case and controversy
3
Q
When must a case be brought?
A
Must be when it is ripe but before it’s moot
4
Q
What is ripeness?
A
The issues are fit for judicial decision and P would suffer substantial hardship in the absence of review.
5
Q
What is mootness?
A
A live controversy exists and there is ongoing injury.
6
Q
3 requirements for P to bring a case:
A
- Good standing/concrete direct personal stake
- Causation
- Redressability
7
Q
What is sovereign immunity?
A
You cannot sue your own or another state.
8
Q
What are the exceptions to sovereign immunity?
A
- State consents to be sued
- You can sue local governments
- States can sue other states
- You can sue state officials
- Congress abrogates
9
Q
When will the SC not exercise discretion over a state court judgment?
A
If it is based on adequate (fully dispositive) and independent grounds (not federal)
10
Q
Does Congress have general police powers?
A
No; only over DC, federal lands, based, and Indian reservations.
11
Q
What is the necessary and proper clause?
A
Congress can use any rational constitutional means to exercise enumerated power.
12
Q
What is the taxing and spending power?
A
Congress can tax and spend to promote general welfare.
13
Q
4 requirements for Congress to use spending power to impose conditions on state/local government:
A
- Clearly stated
- Relate to the purpose of the program
- Are not unduly coercive.
- Does not violate the constitution
14
Q
What is commerce power?
A
Congress can regulate commerce with foreign nations, tribes, and interstate commerce.
15
Q
3 forms of commerce affected by federal law regulating intrastate commerce:
A
- Channels
- Instrumentalities
- Activities that have a substantial effect on interstate commerce
16
Q
Can congress compel states to enact law?
A
No
17
Q
Can congress delegate powers?
A
Yes but must include intelligible standards and the power is not unduly defined in congress
18
Q
3 executive domestic powers:
A
- Appoint high level officers
- Pardon federal offenses (anything)
- Veto bills
19
Q
3 executive powers over external affairs:
A
- Not declare war but as commander in chief act militarily
- Represent the US in foreign relations
- Make treaties
20
Q
What is the effect of the supremacy clause?
A
Federal law preempts state law
21
Q
What’s the purpose of the privileges and immunities act Art IV?
A
Prohibits states from discriminating against out of state citizens. Must protect a compelling government interest.
22
Q
What is the effect of the dormant commerce clause?
A
State law can’t unduly burden or discriminate against interstate commerce.
23
Q
3 requirements of a valid dormant commerce clause:
A
- The law is necessary to achieve a purpose unrelated to protectionism.
- There are no non discriminatory alternatives.
- The state acts as a market participant.
24
Q
What does procedural due process protect?
A
Property rights including governmental jobs, licenses, and public benefits.
25
3 requirements of required due process:
1. Notice must be reasonably calculated
2. An opportunity to be heard
3. A neutral decision maker
26
3 fundamental rights under substantive due process:
1. Freedom of speech
2. Right to interstate travel
3. Right to vote
27
6 fundamental privacy rights under substantive due process
CAMPER
1. Contraception
2. Abortion (undue burden test)
3. Marriage
4. Procreation
5. Education
6. Right to raise family
28
What is the rational relationship test?
A law will be upheld if it is rationally related to a legitimate government interest.
29
3 scrutinies under equal protection:
1. Strict scrutiny for fundamental rights/suspect classification (compelling government interest)
2. Intermediate scrutiny for a quasi-suspect classification (important government interest)
3. Rational basis
30
3 things that show intent for strict scrutiny to apply:
1. A law is discriminatory on its face
2. A discriminatory application of neutral law
3. Facially neutral law with a disparate impact on a protected class.
31
3 suspect classifications (compelling interest)
1. Race
2. Alienage
3. National origin
32
2 quasi suspect classifications (important interest)
1. Gender; must be exceedingly persuasive
| 2. Non-marital children
33
What is the takings clause?
The government may take property for public use but must pay just compensation
34
2 times a taking is allowed:
1. For public use rationally related to a legitimate promotion of public health, safety, or welfare.
2. Inverse condemnation; taking that denies economic benefit of the land.
35
Legislation that impairs an existing private contract is invalid unless:
1. It serves a legitimate public interest
| 2. Is reasonable and narrowly tailored
36
What are ex post facto laws?
States/federal government cannot retroactively alter criminal liability after the crime was committed
37
What is speech?
Conduct that is inherently expressive or intended to convey and is reasonably likely to be seen as conveying a message.
38
What are fighting words?
True threats statements meant to communicate an intent to place an individual or group in fear of bodily harm.
39
When is speech obscene?
It appeals to the prurient interest using an objective local community standard, is patently offensive, and lacks serious value.
40
What is the clear and present danger test?
Speech may be punished or banned when it produces or incites imminent lawless action and is likely to produce such action.
41
3 times commercial speech is not protected:
1. It’s false
2. It’s misleading
3. It’s about illegal products or services
42
Any regulation of commercial speech will be upheld if it:
Serves a substantial government interest and is narrowly tailored
43
What is a content based restriction?
Limits speech based on the subject or viewpoint
44
What is content neutral restriction?
Limits speech on some other basis such as time, place, or manner
45
When is a content-neutral restriction constitutional?
If it furthers a significant government interest and leaves open alternative means of communication.
46
What is the speech/debate clause?
Any speech or debate in either house of congress shall not be questioned in any other place.
47
What is a public forum?
A place historically open to the public for speech related activities
48
What is a non public forum?
Government properties that host activities and services not open for speech related activities
49
When can student speech be censored?
If there is a substantial disruption or the speech is promoting drugs.
50
What is the vagueness doctrine?
The due process clause invalidates laws that don’t give reasonable notice of what is prohibited.
51
What is over-breadth?
A regulation is invalid if it bans substantially more speech than necessary
52
What are prior restraints?
An injunction that prohibits speech from being published or broadcast; will be upheld if it is the only way to preserve a fair trial
53
What is the free exercise clause?
Government must remain neutral on the practice of religion
54
What laws are not subject to the free exercise clause?
Neutral laws of general applicability
55
What is the lemon test?
Government action will be upheld if:
1. The primary purpose is secular
2. The assistance must neither promote nor inhibit religion, and
3. There is no excessive entanglement
56
What is the take care clause?
Requires the president to take care that the laws be faithfully executed.
57
What is the appropriations clause?
Federal spending must be approved by congress.
58
Does the first amendment shield reported from state law claims?
No
59
What is a bill of attainder?
Legislation that punishes named individuals.
60
What is the purpose of the 13th amendment?
It allows private individuals to be prosecuted for racial discrimination (does not include mere threats) and congress may adopt legislation regulating private parties.
61
Requirement of state police powers:
Must be on a rational basis and for a legitimate purpose.
62
2 elements of discriminatory motive:
1. A statute has a disproportionate impact on a protected class
2. The statute is a product of a discriminatory purpose
63
Intermediate scrutiny =
Substantially related to the important government interest.
64
Strict scrutiny =
Necessary to achieve a compelling government interest.
65
What is the contracts clause?
State/local laws cannot retroactively impair contract rights that already exist.
66
Ageism is subject to:
A rational basis of review where P has the burden to show the law is not substantially related to a legitimate government interest.
67
Why is a stricter state law immune from preemption of a broader federal law?
A state may provide greater protection to its citizens unless congress intends otherwise.
68
3 things congress can regulate through the commerce clause:
1. Channels
2. Instrumentalities
3. Activities
69
2 tests the Supreme Court uses to determine whether a state/local law violates the commerce clause:
1. Does the state regulation directly discriminate against out of staters?
2. If it does not discriminate, use a balancing test.
70
When does a vendor have third party standing?
As long as there is a nexus between P and the third party
71
May congress discriminate based on citizenship?
Yes as long as it’s not unduly coercive
72
Does the equal protection clause apply to federal law?
No; only state law
73
Content neutral speech in a public forum must be:
Narrowly tailored to serve a substantial government interest and allow for alternative channels of communication.
74
When will a taxpayer have standing in challenging a federal spending statute?
If it is alleged to have violated the establishment clause.
75
What is the purpose of the privileges and immunities clause of the 14th amendment?
Prohibits a state from denying privileges or immunities of national citizenship, including the right to interstate travel.
76
Does every public employee who is terminated have the right to be heard?
No; only those who are employed and can only be fired "for cause"
77
What is the function of Article III?
Congress has full power to regulate and limit the SC's appellate jurisdiction.
78
Who holds the decision to prosecute?
The executive branch under Article II Section 3
79
What is the speech and debate clause?
Congress is shielded from civil/criminal suits relating to their legislative actions and grand jury investigations relating to those actions (extend to aids).
80
What is not subject to the political question doctrine?
Interbranch disputes involving foreign affairs when they concern the validity of a federal statute
81
May public employees make comments about issues of public concern?
Yes and they may not be fired for expressing their views
82
2 times private action will constitute state action;
1. The private actor is performing a traditional exclusive state function
2. The state is significantly involved
