SJC Essentials Flashcards
(80 cards)
1
Q
Article I, Section I
A
Legislative Powers to House and Senate
2
Q
Article I, Section 2
A
House
3
Q
Article I Section 3
A
Senate
4
Q
Article I Section 4
A
State Legislators set rules for elections except Congress May alter except as to places for chusing Senators
5
Q
Article I section 5
A
Congressional procedures
6
Q
Article I Section 7
A
All bills for raising revenue start in House, veto, overriding veto
7
Q
Article 1, section 8
A
Tax, borrow, regulate commerce, naturalization, coin money, punish counterfeit, post office and post roads, promote progress of science and useful arts, patents copyrights, constitute inferior courts, declare war, raise army and navy, call the militia to suppress insurrection and repel invasions, necessary and proper
8
Q
Article 1 section 9
A
No habeas corpus suspension; no title of nobility
9
Q
Article I, section 10
A
Prohibits states from entering treaties, coin money, impose duties
10
Q
Article 2 Section 1
A
Executive powers invested in president and electoral college
11
Q
Article 2 section 2
A
Commander in chief, make treaties with advice and consent, nominate with advice and consent appoint ambassadors judges and all other officers as provided by law
12
Q
Amendment 1
A
Free speech, press, exercise of religion, no establishment of religion, petition, assembly
13
Q
Amendment 2
A
Right to bear arms
14
Q
Amendment 3
A
Prohibit quartering of soldiers
15
Q
Amendment 4
A
No unreasonable search and seizure and no warrant shall issue without probable cause
16
Q
Amendment 5
A
Right to remain silent, grand jury, due process, double jeopardy, right to compensation for seizure of property (takings)
17
Q
Amendment 6
A
Speedy and public trial by jury in state and district where crime occurred; informed of charges; confrontation; compulsory process; assistance of counsel
18
Q
Amendment 7
A
Jury trial right for civil matters greater than $20 except as provided in common law
19
Q
Amendment 8
A
Excessive Fines or bail; cruel or unusual punishment
20
Q
Amendment 9
A
Non-enumerated rights retained by people
21
Q
Amendment 10
A
Rights preserves for States and people
22
Q
Amendment 11
A
Limits the circumstances under which a State can be brought into federal court as a defendant
23
Q
Amendment 12
A
Election of President and Vice president
24
Q
Amendment 13
A
Abolition of slavery
25
Amendment 14
Privileges or immunities and due process; equal protection, apportionment (remove 3/5), civil war debt
26
Amendment 15
Cannot deny right to vote based on race
27
Amendment 16
Income tax
28
Amendment 17
Popular election of senators
29
Amendment 18
Prohibition
30
Amendment 19
Women’s vote
31
Amendment 20
Presidential term, succession, assembly of congress
32
Amendment 21
Repeals prohibition
33
Amendment 22
Two year term limit for President
34
Amendment 23
Gives DC electors
35
Amendment 24
Eliminate poll tax
36
Amendment 25
Incapacity and succession
37
Amendment 26
Voting age 18
38
Amendment 27
Limits congressional compensation to the following Congress
39
Article 2, Section 3
State of union
40
Article 2, section 4
Impeachment for removal
41
Article 3, section 1
Judicial power in Supreme Court and inferior courts authorized by Congress
42
Article 3, section 2
Jurisdiction over types of cases; trial of all crimes by jury
43
Article 3, section 3
Defines treason
44
Article 4, Section 1
Full faith and credit
45
Article 4, section 2
Privileges and immunities clause; extradition of treason and slaves state to state
46
Article 4, section 3
Governs new states and territories;
47
Article 4, section 4
Guarantees all states have a republican form of government
48
Article 5
Amendments process—2/3 both house of Congress for a convention, then ratification by 3/4 of states by legislators, convention, or any other modes proposed by Congress
49
Article 6
Supremacy clause; debts are valid; oath will not require religious test
50
Heller
2d amendment guarantees individual right to bear arms, but that right is not “unlimited”
51
MacDonald
Individual right to bear arms applies to the States
52
Bruen
Government must show burden is rooted in a traditional restriction in this country
53
Burwell v Hobby Lobby
1). Person under RFRA includes for profit corporation
2). HHS contraceptive mandate substantially burdened free exercise
3). Strict scrutiny failed because not least restrictive means of furthering the assumed compelling government interest of providing free contraception
54
Masterpiece Cake Shop v Colorado civil rights commission
Cease and desist order for refusing to bake cake for gay wedding Violated Free Exercise Clause’s requirement of neutrality; hostility indicated in public hearings and disparate treatment of three other bakes that had refused cakes that were derogatory of same sex marriage
55
Espinoza v Montana
“No aid” to sectarian schools provision violated free exercise clause because it imposed a burden based on religious status and not a compelling interest (greater separation of church and state than federal constitution)
56
Our Lady Guadalupe v Morrissey-Berru
Free Exercise and Establishment Clauses prohibit courts from considering employment discrimination claims brought by employees of religious school (extending ministerial exception of Hosanna Tabor to teachers at religious schools)
57
Tandon v Newsom
State restrictions on private gatherings contained myriad exceptions for secular activities triggered strict scrutiny for violation of free exercise clause so emergency injunctive relief granted
58
Kennedy v Bremerton
Suppression of Coach’s private prayers after games violated both free speech and free exercise clauses; could not be justified by need to avoid an Establishment Clause violation
59
Carson v makin
School funding rule not neutral so triggered strict scrutiny and could not be justified as a use based v status based restriction
60
Bostock v clayton County
employer violates Title VII, which makes it unlawful to discriminate against an individual “because of” the individual's sex, by firing an individual for being homosexual or being a transgender person
61
June Medical Services v Russo
Louisiana’s Unsafe Abortion Protection Act requiring every doctor who performed abortions to have active hospital admitting privileges at a hospital within 30 miles of where abortions were performed or induced unconstitutional burden on abortion access (abrogated by Dobbs)
62
Whole Woman’s Health v Jackson
No case or controversy in injunctive relief sought against state judges and clerks who might have to enforce Texas anti abortion law. 11th Amendment bars suit as ex parte young does not provide exception for judges and clerks; also judges and clerks not adverse to plaintiff so no justiciable case or controversy
63
Dobbs
Overturning Roe
64
West Virginia v EPA
Pursuant to the “major questions doctrine,” in certain extraordinary cases involving grants of regulatory authority, in which the history and the breadth of the authority that the agency has asserted and the economic and political significance of that assertion provide a reason to hesitate before concluding that Congress meant to confer such authority, both separation of powers principles and a practical understanding of legislative intent make the Supreme Court reluctant to read into ambiguous statutory text the delegation claimed to be lurking there; to convince the Court otherwise, when an agency asserts highly consequential power beyond what Congress could reasonably be understood to have granted, something more than a merely plausible textual basis for the agency action is necessary, and the agency instead must point to “clear congressional authorization” for the power it claims.
65
Washington v Glucksberg
The Court's established method of (14th amendment) substantive-due-process analysis has two primary features: First, the Court has regularly observed that the Clause specially protects those fundamental rights and liberties which are, objectively, deeply rooted in this Nation's history and tradition (implicit in concept of ordered liberty) E.g., Moore v. East Cleveland, 431 U.S. 494, 503, 97 S.Ct. 1932, 1937–1938, 52 L.Ed.2d 531 (plurality opinion). Second, the Court has required a “careful description” of the asserted fundamental liberty interest. E.g., Reno v. Flores, 507 U.S. 292, 302, 113 S.Ct. 1439, 1447, 123 L.Ed.2d 1.
66
Griswold v Connecticut
Penumbra—unenumerated right drawn from multiple amendments (1,3,4,9)
67
Janus
Overturn precedent: 1-nature of court’s error, 2-strength of reasoning, 3-workability, 4-effect on other areas, 5-reliance, 6-consistency with other related decisions 7-developments since decision was issued
68
Standing (Lujan)
1). Plaintiff suffered injury in fact
2). Causal connection between injury and conduct before the court
3) likely, not speculative, that favorable decisions by the court will redress the injury
69
McCulloh v Maryland
Congress had authority to establish national bank under necessary and proper clause and Maryland could not constitutionally tax instruments of national government employed in execution of constitutional powers
70
Pullman
Abstention doctrine where case may be mooted or placed in a different procedural posture by a pending state case—based on giving state courts the ability to consider important questions of state law
71
Younger
Abstention where pending state criminal case later expanded to non criminal cases when important state interests are involved
72
Burford
Burford allows a federal court to dismiss a case only if:
The case presents "difficult questions of state law bearing on policy problems of substantial public import whose importance transcends the result in the case then at bar," or
The adjudication of the case in a federal forum "would be disruptive of state efforts to establish a coherent policy with respect to a matter of substantial public concern."
73
Colorado River
Abstention in exceptional circumstances for wise judicial administration
74
Colorado River
Abstention is appropriate in "exceptional circumstances" due to the presence of a concurrent state proceeding for reasons of wise judicial administration.
75
Mapp v Ohio
Illegally seized evidence not permitted at trial
76
Daubert Standard
1). Whether the theory or technique in question can and has been tested
2). Whether it has been subjected to peer review and publication
3). It’s known or potential error rate
4). The existence and maintaining of standards controlling its operation
5). Whether it has attracted widespread acceptance within the relevant scientific community
(TPESA)
77
Grand jury composition
16-23 members, 12 for indictment
78
Rooker-Feldman Doctrine
Prohibits lower federal courts from hearing direct appeals from state courts (28 USC s 1257) unless Congress has specifically authorized such an appeal
79
Right to travel domestically
1). Right to go from state to state (edwards v California)
2). Right to enjoy privileges and immunities in every state visited (art 4 sect 2)
3). Right of newly arrived citizens to have same privileges and immunities as a state resident (14th amendment)
Saenz v Roe
80
“Historical” approach to Establishment
(1) “the government exerted control over the doctrine and personnel of the established church,” (2) “the government mandated attendance in the established church and punished people for failing to participate,” (3) “the government punished dissenting churches and individuals for their religious exercise,” (4) “the government restricted political participation by dissenters,” (5) “the government provided financial support for the established church, often in a way that preferred the established denomination over other churches,” and (6) “the government used the established church to carry out certain civil functions, often by giving the established church a monopoly over a specific function.”
