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Const. Law IL SRS

11th Am can't sue your own state or another state on federal claims (diversity/fed ?) for money damages in federal court
Exceptions to the 11th Am 1) against state officials for enforcing unconst. state statute; 2) states suing each other; 3) suits for injunctions against state
How may a state consent to suit in fed court? expressly & unequivocally
Declaratory judgment decision in which court is requested to determine legality of proposed conduct without awarding damages or injunctive relief
Mootness if controversy has been resolved
Exception to mootness injuries that are capable of repetition, yet evading review
Ripeness bars consideration of claims before they have fully developed
Abstention a federal court may abstain to hear a case when there are undecided issues of state law presented
A federal court will abstain from a suit seeking an injunction against state prosecution, unless there is bad faith harassment
Art III standing requirements (for federal question juris) person must show a direct and personal injury, actual or imminent and that he will benefit from the remedy sought
Federal taxpayers do not have standing to challenge federal expenditures
A party can sue based on rights of a third party IF 1) special relationship exists between their interests and 2) third party is unable to or finds it difficult to bring suit on his behalf.
An association has standing to assert the claims of its members if 1the members would otherwise have standing to sue in their own right (direct, pers. injury, actual or imminent, benefit from remedy) and 2) interest is germane to assoc's purpose, and 3) neither claim nor relief require participation by individual members
Political Questions matter assigned to another branch of the government by the constitution
Justiciability (RAMPS) Ripeness, Advisory Opinions, Mootness, Political Questions, Standing
Adequate and Independent State Grounds although a state court decision may involve a federal question, if the state court judgment can be supported on an adequate and independent state ground, the supreme court will not take jurisdiction
the enabling clauses of the 13, 14th, and 15th am give congress the power to enforce the amendments with appropriate legislation.
Commerce Power congress can regulate channels of interstate commerce and activities that substantially affect interstate commerce.
affectation doctrine congress has the power to regulate any activity (intrastate or interstate) that has a substantial effect on interstate commerce.
10th am congress cannot compel the states to enact or enforce a federal regulatory program
A congressional act purporting to be a tax should be upheld as a valid exercise of the taxing power if 1) it does in fact raise revenue or 2) it was intended to raise revenue
as long as congress has the power to regulate the activity taxed the tax can be used as a regulating device rather than for revenue raising purposes
even when congress does not have the power to regulate the activity taxed, the tax will be upheld if it's dominant intent is revenue raising
congress's power to tax and spend must be exercised for the general welfare of the US
Congress may place a condition on receipt of federal funds by a state if 1) spending serves GW, 2) condition is unambiguous, 3) condition relates to the federal program, 4) state is not required to undertake unconstitutional action, 5) amount is not so great as to be coercive
congress may conduct investigations pursuant to its legislative power bc the n &p clause permits it
Eminent Domain (applies to congress too!) the 5th am provides that property shall not be taken for public use without just compensation
Speech and Debate Clause legislators and their aides are protected from criminal/civil liability for legislative acts occurring during the regular course of the legislative process
the 13th am bans slavery
the 14th am prohibits states from violating the DPC, equal protection, and privileges and immunities
the 15th am prohibits states from discriminating in voting rights
to validly enforce the 14th or 15th am Congress must show 1) state govts have engaged in widespread violation and 2) legislative remedy is congruent with and proportional to the violations
congress has the power to delegate the appointment of inferior officers to the president, judiciary, or heads of departments
the President may remove any executive appointee without cause IF congress is silent with respect to removal power
The President must have cause to remove executive officers with fixed terms and officers performing judicial or quasi-judicial functions
Veto Power the President has 10 days to sign legislation or veto it. If he does not veto within 10 days, the legislation becomes law
Congress has the power to override a veto by 2/3rds vote of both the Senate and House of Reps
If congress validly exercises a power and overrides the president then Congress prevails over the president
The President may grant reprieves and pardons for federal crimes against the US, except impeachment
Executive Privilege the president has an absolute privilege to refuse to disclose information relating to military, diplomatic, or national security secrets
The President does not have the power to declare____ but he can____ war, deploy military forces without formal declaration of war in response to an attack
The President has the power to seize _______ during wartime unless _________ private property, congress denies him that power
when a treaty and federal law conflict on an issue the last in time prevails
executive agreements prevail over inconsistent state law
executive agreements need not be ratified by congress
executive agreements do not prevail over federal statutes
the house of representatives has the sole power to impeach
the senate has the sole power to try impeachments, 2/3rds vote of Senate is required for conviction
state police powers are limited by 1) enumerated power reserved to feds, 2) Constitution, 3) Supremacy CLause- if Congress enacts legislation with intent of preempting state law, it will control
The fed govt and its agencies are immune from state taxation and regulation except the State may collect a nondiscriminatory tax on persons who deal or contract with the Fed. govt
Bc of the Supremacy Clause, the states cannot regulate activities of agents or instrumentalities of the fed govt if it will interfere with the gov'ts ability to carry out its federal functions
Dormant Commerce Clause where Congress has not enacted legislation, the states are free to regulate local transactions affecting interstate commerce, subject to certain limitations
IF a state law discriminates on its face between in state and out of state actors the state must show that the 1) regulation serves a compelling state interest and 2) the regulation is narrowly tailored to serve that interest
If a state law merely incidentally burdens interstate commerce, hte state must show 1) the regulation serves an important state interest, and 2) the burden on interstate commerce isnt excessive in relation to the interest served
Exceptions to the Dormant Commerce Clause 1) Congress may authorize the states to legislate in areas that would violate the DCC, and 2) where states acts as market participants they may discriminate b/w in state and out of state businesses
State taxation of interstate commerce is permissible as long as the tax does not discriminate against or unduly burden interstate commerce
factors to consider in whether a state taxation of interstate commerce is permissible 1) m/b a substantial nexus between activity taxed and taxing state; 2) tax must be fairly apportioned, 3) tax must not discriminate against interstate commerce, 4) tax must be fairly related to the services provided by the taxing state
state action can be found in the actions of private actors where: 1) public function- private entity is performing activities traditionally and exclusively performed by the gov't OR 2) there is significant state involvement that the private party can fairly be treated as a gov't actor
Where Congress does not intend to occupy a field completely, and state laws are not otherwise preempted the states may enact similar legislation
Where Congress has enacted minimum standards the states are free to enact more stringent standards
Scope of the DPC (applicable to states via 14th am) protects the rights of persons, including corporations, but not aliens
where there is a deprivation of one's life, liberty, or property an individual is entitled to fundamentally fair procedural safeguards
in determining what procedural safeguards are necessary to protect deprivation of life, liberty, or property without due process (5th & 14th) the SC looks to these factors: 1) private interest affected, 2) risk of erroneous deprivation of interest, 3) government's interest including function involved and fiscal and administrative burdens of additional procedural requirements
strict scrutiny review applies to right to vote, travel, privacy, 1st am, family, any other rights referred to as fundamental
A woman has a protected privacy interest in choosing an abortion before viability After viability, the state may regulate, even proscribe, abortion except where necessary to protect mother's health
A state cannot require a woman to obtain ____ before an abortion spousal notification or consent
Parental Consent may be required for an abortion if for an unemancipated minor. however, state must provide a judicial bypass procedure
there is no constitutional right for ________ to obtain gov't funding for abortions indigent women
Family Fundamental rights marriage, right to live together, contraceptives, right to private education of children
there is no legitimate state interest in making it a crime for people to engage in sexual intercourse with a person of the same sex
the right to possess obscene material in one's home is protected except child pornography
in what ways can the gov't regulate obscene material? severely restrict sale, purchase, receipt, transport or distribution in stores and via mail
Right to Die is not a fundamental right, but a person may not be forced to undergo unwanted medical procedures
Right to Travel (3 things) every citizen has a right to travel freely from state to state. durational residency requirements for dispensing gov't benefits are subject to strict scrutiny. the right to int'l travel is not absolute.
The Right to Vote extends to all federal, state and local elections including primaries
Strict Scrutiny is required to determine const. of restrictions on the right to vote. However, govt regulations of ballot-access by candidates based on age, residency, and payment of filing fees must only pass rational basis
4 ways in which private property may be taken 1) direct gov't appropriation, 2) regulatory taking, 3) temporary restrictions, 4) conditional permits
14th am no state shall deny to any person the equal protection of the laws
Strict Scrutiny Std 1) burden of persuasion on gov't 2) to prove necessary to further a compelling interest
strict scrutiny applies to (14th am) govt action that uses suspect classifications- race, alienage, and national origin
Intermediate Scrutiny Std 1) burden of persuasion on gov't 2) to prove substantially related to achievement of an important gov't interest
intermediate scrutiny applies to (think 14th am) gender and illegitimacy
Rational basis Review 1) burden of persuasion on P to show 2) no legitimate gov't interest or not rationally related to any legitimate interest
rational basis review applies to (think 14th am) includes age, poverty, wealthy, disability, necessities of life
discriminatory intent must be shown to trigger strict or intermediate scrutiny. it may be shown facially or as applied
affirmative action must pass strict scrutiny. the only justifications for it are 1) remedying effects of past or present discrimination in a particular institution nad 2) achieving a diverse student body in higher education
affirmative action based on gender need only pass intermediate scrutiny
Illinois Human Rights Act no discrimination in 1) hiring practices of employers based on race, sex, or handicap and 2) sale or rental of property and 3) state and local govt can't deny equal protection of laws based on sex
Privileges and Immunities under the 14th Am no state shall abridge the privileges and immunities of US citizens (not corporations- they must sue under DCC)
Contract Clause no state shall pass any law impairing the obligation of contracts. applies only to state legislation, not state court decisions
A private contract can be modified by state legislature under its police power when 1) modification necessary to serve an important and legit public interest and 2) regulation is reasonable and narrowly tailored means
Ex Post Facto Laws (applies to state and fed govts) cant pass retroactive criminal laws. applies 1) makes criminal an act that was not a crime when committed; 2) more punishment for a crime after its commission, or 3) decreases amount of evidence required for conviction, 4) extends the SOL for a crime
Bill of Attainder a legislative act that inflicts punishment without a judicial trial upon named individuals or an easily ascertainable group for past conduct
Where a government prefers one religion over another strict scrutiny analysis will be applied.
If a law or program contains no religious preference the SC will follow the lemon test 1) statute must have a secular purpose; 2) the primary effect or purpose must neither advance nor inhibit religion, and 3) the statute must not foster an excessive government entanglement with religion.
religious activities conduct in public school violate the establishment clause because their primary purpose is to promote religion.
The government may not punish an individual by denying benefits or imposing burdens based on religious belief.
where an individual's conduct is motivated by his religious beliefs, the state may regulate or prohibit activity if 1) the regulation is neutral in respect to religion and 2) if of general applicability
The 1st amendment is applicable to the states via the due process clause of the 14th amendment
1st Am- the government may neither 1) censor all categories of speech or 2) engage in content based discrimination among different categories of speech, with some exceptions
the regulation of speech is allowable if it passes strict scrutiny
a law which regulates conduct, creating an incidental burden on speech is allowable if 1) the regulation further an important or substantial government interest that is unrelated to the suppression of free speech and 2) the incidental restriction on speech is no greater than essential to the furtherance of that interest
where the speaker is the government, the government may discriminate based on the content of the speech.
A regulation which relates to unprotected speech is permissible
Unprotected speech advocates violence or unlawful action, fighting words, hostile audience speech, obscene speech, and defamatory speech
advocating violence or unlawful action is only unprotected speech when it is directed at inciting imminent lawless action and is likely to incite such action
Fighting WOrds are likely to incite a citizen to acts of immediate physical retaliation and must 1) be more annoying than offensive and 2) there must be a genuine likelihood of imminent violence by a hostile audience.
Obscene Words (Miller Test) 1) applying contemporary community standards the whole work appeals to prurient interest, and 2) work depicts or describes sexual conduct in a patently offensive way and 3) work lacks serious literary, artistic, political or scientific value
Commercial speech is protected by the 1st amendment if 1) it is not false or deceptive, and 2) does not relate to unlawful activity
if commercial speech is protected government regulation must 1) serve a substantial government interest, 2) directly advance such interest and 3) not be more extensive than necessary to serve that interest
the government may place reasonable restraints on (speech) time place and manner of speech in public areas. the regulation must be 1) content neutral, 2) narrowly tailored to a significant gov't interest and 3) leave alternative channels of communication open
Speech related activities at non public forums can be regulated by reasonable time, place and manner regulation IF the regulation is 1) viewpoint neutral and 2) reasonably related to a legitimate interest
An individual cannot be denied public employment based on membership in a political organization unless the position is a high level policy making position
exception to the denial of public employment based on political organization if active member of subversive organization, membership is with knowledge of organization's illegal aims and member has specific intent to further those illegal acts
the government cannot suppress or restrain speech in advance of its publication or utterance
Created by: srslaw87
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