Foundation Course: ConLaw review
Quiz yourself by thinking what should be in
each of the black spaces below before clicking
on it to display the answer.
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| Con Law - Case and Controversy Requirement | show 🗑
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| show | Plaintiff must show a concrete personal stake in the outcome.
Constitutional Standard:
1. Injury-in fact (i.e., economic, aesthetic,
environmental)
2. Causation/redressibility
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| show | Ripeness
Advisory Opinions
Mootness
Political Questions
Standing
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| Con Law - RIPENESS | show 🗑
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| show | MOOTNESS – A case is moot unless an actual
controversy exists at all stages of review, unless the injury is capable of repetition, yet evading review
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| show | ABSTENTION
• Federal court will refuse to review a case based on an unsettled issue of state law (Pullman)
• Federal court review prohibited where there are pending state criminal proceedings (Younger)
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| Con Law - Presidential Powers | show 🗑
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| show | 1. Constitution
2. Act of Congress
Treaty
3. Executive Agreement- foreign policy/affairs
Executive Order – domestic policy
4. State Law
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| show | 1. General Welfare Clause
2. Necessary and Proper Clause
3. 14th A. Privileges and Immunities Clause
4. Contracts Clause
5. Distinction between Rights & Privileges
6. 10th Amendment- caveat New York v. U.S.
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| Con Law - Congressional Delegation of Power | show 🗑
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| show | - Congress passes enabling legislation (state or federal).
- Specifies the purpose, functions, and powers.
-Describes the procedures of the agency.
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| Con Law - Supremacy Clause | show 🗑
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| Con Law - To Uphold a State Statute | show 🗑
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| show | • The Federal government is immune from state taxation
• Federal employees and contractors may be taxed as long as the incidence of the tax does not fall on the Federal government itself
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| show | 1. Supremacy clause
2. Any enumerated power of
Congress (Art. 1, Sec. 8)
3. Federal property power
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| show | 1. Who is passing the law
2. What is the subject matter?
3. Match the appropriate power
4. Who is affected by the law?
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| Con Law - Property Power | show 🗑
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| show | Congress may regulate any activity which has a “substantial economic effect” on interstate commerce.
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| Con Law - Regulation of Interstate Commerce | show 🗑
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| Con Law - State Action | show 🗑
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| Con Law - Strict Scrutiny | show 🗑
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| show | -Burden on government to show the regulation is substantially
related to an important government interest
-EX- Gender, Illegitimacy
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| Con Law - Rational Basis Scrutiny | show 🗑
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| Con Law - Statute Neutral on its Face | show 🗑
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| Con Law - Fundamental Right of Privacy | show 🗑
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| show | A term used to classify the source from which the fundamental rights (right to vote, right to travel, right to privacy) derive.
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| Con Law - Abortion (Casey) | show 🗑
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| show | Apply Strict Scrutiny:
1. Discrimination in voting
2. Reapportionment
3. Switching party affiliation
4. Ballot restrictions based on “special
interests” (land ownership)
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| Con Law - Non-Fundamental Voting Rights | show 🗑
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| Con Law - Article IV Privileges and Immunities | show 🗑
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| show | A regulation that denies the owner all reasonable economically viable use of his land.
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| show | • Burden on the government to show the measure is rationally related to any conceivable purpose
• To qualify as a “public purpose” the property does not have to be held out for use by the general public
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| Con Law - Bill of Attainder | show 🗑
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| Con Law - Procedural Due Process | show 🗑
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| Con Law - Ex Post Facto Laws | show 🗑
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| Con Law - “Content Specific” Regulation | show 🗑
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| Con Law - “Content Neutral” Regulation of Time, Place, Manner (Method) | show 🗑
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| Con Law - 4 Facial Attacks | show 🗑
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| show | • Public Forum- streets, sidewalks, public parks -Areas generally open to public
• Limited Public Forum- school rooms
-Opened by state on permanent/limited basis
• Non Public Forum- most other public places
-Military bases, city bus...
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| Con Law - Vice Advertising (Central Hudson) | show 🗑
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| Con Law - Free Exercise Methodology | show 🗑
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| show | In order not to violate the Lemon Test:
1. The primary purpose must be secular
2. Primary effect must neither inhibit nor advance religion
3. No excessive government entanglement with religion
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