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50 Cards in this Set
- Front
- Back
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what are the 4 requirements for cases and controversies?
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1) standing (injury, causation and redressibliity)
2) ripeness (courts consider hardship without review and fitness for review) 3) mootness (if events after the filing of a lawsuit end the pla's injury, must be dismissed as moot unless capable of repetition but evading review, voluntary cessation, class action); 4) political questions are nonjusticiable. |
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Under what circumstances does congress have police power?
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1) military
2) indian reservations 3) federal lands 4) territories MILD-military, indian reservations, lands, D.C. |
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what is the necessary and property clause?
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congress may choose any means not prohibited by the constitution
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what does the 10th Amendment do?
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it acts as a limit on congressional powers. it states that all powers not granted to the US nor prohibited to the states are reserved to the states or teh people.
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can congress compell state regulatory or legislative action?
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no. but congress can prohibit harmful commercial activity by state governments.
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is there a limit to congress's ability to delegate legislative power?
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no
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what are legislative vetos and are they constitution?
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no not consituttion. they are when congress attempts to overturn when there is no bicameralism (passage by both house and senate) and no presentment (giving bill to president to sign or veto).
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if a treaty conflicts with federal statute, which controls?
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the one adopted last in time.
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is senate approval required for executive agreements?
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no
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do executive agreements prevail over conflicting federal laws or the constitution?
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no
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what does the appointment power allow?
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1) president appoints ambassadors, federal judges and officers of the United States.
2) congress may vest the appointment of interior officers in the President, the heads of departments or the lower federal courts. 3) congress may not give itself or its officers the appointment power. |
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what does the removal power allow?
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president can fire any executive branch officer
for congress to limit removal, it must be an office where independence from president is desirable and it can only limit (not prohibit) removal to when there is good cause. |
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who can be impeached and when?
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teh president, VP, fed judges and officers of the US can be impeached for treason, bribery, high crimes and misdemeanors.
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if you have a question where state or local gov't is challenged by out of state corp, what clause can you use?
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dormant commerce clause (state or local laws are unconstitutional if they place an undue burden on interestate commerce)
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if you have state or local gov't challenged by a private person, what clause can you use?
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use both privileges and immunities clause and dormant clause. (P&I says no state may deny citizens of other states of privilege of immunities it accords to its own citizens; and under P&I of 14th A right to travel)
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What are the elements of the rational basis test?
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means: rationally related
ends: legitimate conceivable purpose least restrictive analysis: no burden of proof: challenger |
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what are the elements of intermediate scrutiny?
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means: substantially related
ends: important actual purpose least restrictive analysis: no burden of proof: government |
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what are the elements of strict scrutiny?
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means: necessary
ends: compelling actual purpose least restrictice analysis: yes burden of proof: government |
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what is the procedure required for due process analysis?
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Balance:
1) the importance of the interest to the individual 2) the ability of additional procedures to increase teh accuracy of the fact finding 3) the government's itnerests (saving money, efficiency). |
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what level of scrutiny is triggered by RACE
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strict scrutiny- law must be necessary to achieve a compelling government purpose.
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what level of scrutiny is triggered by National origin
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strict scrutiny- law must be necessary to achieve a compelling government purpose.
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what level of scrutiny is triggered by alienage
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strict scrutiny- law must be necessary to achieve a compelling government purpose.
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what level of scrutiny is triggered by travel (not foreign)
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strict scrutiny- law must be necessary to achieve a compelling government purpose.
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what level of scrutiny is triggered by voting
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strict scrutiny- law must be necessary to achieve a compelling government purpose.
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what level of scrutiny is triggered by gender
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intermediate scrutiny--law must be substantially related to an important gov't purpose
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what level of scrutiny is triggered by illegitimacy
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intermediate scrutiny--law must be substantially related to an important gov't purpose
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what level of scrutiny is triggered by undocumented aliens
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intermediate scrutiny--law must be substantially related to an important gov't purpose
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what level of scrutiny is triggered by alienage classifications related to self government and the democratic process
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rational basis--law must be rationally related to a legitimate government interest
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what level of scrutiny is triggered by congressional regulation of aliens
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rational basis--law must be rationally related to a legitimate government interest
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what level of scrutiny is triggered by age?
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rational basis--law must be rationally related to a legitimate government interest
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what level of scrutiny is triggered by disability
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rational basis--law must be rationally related to a legitimate government interest
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what level of scrutiny is triggered by wealth
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rational basis--law must be rationally related to a legitimate government interest
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what level of scrutiny is triggered by all other classifications
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rational basis--law must be rationally related to a legitimate government interest
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what kind of scrutiny must content neutral laws meet?
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intermediate scrutiny--gov't must show law is substantially related to an important gov't interest.
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what kind of scrutiny must content based laws meet?
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strict scrutiny--gov't must show law is necessary to further a compelling state interest
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is profane and indecent speech protected by the first amendment?
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yes except over broadcast media and in schools
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what kind of restriction is allowed for nonpublic forums? (military bases, airports)
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reasonable
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can the free exercise clause be used to challenge a neutral law of general applicability?
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no.it's not targeted at religion so doesn't trigger the test.
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how are nontraditional public forums regulated in terms of speech?
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the supreme court held that cities could differentiate between broad categories of speech in accepting advertising on city owned buses as long the restriction was viewpoint neutral and reasonably related to a legitimate government interest.
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will state action be found when teh state has granted a monopoly to a business or heavily regulates the business?
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no
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is a public employee subject to removal only for cause entitled to a hearing?
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yes because she has a property interest in her job and it cannot be taken away without fair process
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what must be shown to justify content based reulgation of otherwise protected speech?
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the government must show that the regulation is necessary to achieve a compelling state interest that cannot be satisfied by less restrictive means.
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can the media be punished for publishing an inadvertently released fact?
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no
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what is the test to establish a racial, national origin, or ethnicity classification?
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the challenger must show that:
1) the racial classification appears in the law itself (facial discrimination); 2) the law was applied in a purposefully discriminatory manner; OR 3) the law was enacted or maintained for a discriminatory purpose. |
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when is a prior restraint on speech justified?
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when gov't can show that it is narrowly tailored to achieve a compelling state interest.
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can trials and pretrial proceedings be closed to the public?
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only if necessary to preserve an overriding interest and the closure is narrowly tailored to serve the overriding interest.
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can congress appoint members of a body with administrative or enforcement powers?
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no. need appointment by president with senatorial confirmation unless president, fed courts or heads of departments. inferior officers don't need senate approval.
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Describe the power given to Congress by the enabling clause of the 14th A.
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Congress can pass anti-discrimination legislation that permits a state to be sued in federal court.
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what is the test teh Supreme COurt uses to determine whether a regulation of the electoral process is valid:
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if the restriction on First Amendment activities is severe, the regulation will be upheld only if it is narrowly tailored to achieve a compelling interest.
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government regulations on speech and assembly in public forums must meet what test?
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must be content neutral and narrowly tailored to serve a significant government interest and must leave open alternative channels of communication.
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