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18 Cards in this Set
- Front
- Back
Basic Rule: Tax and Spend Power
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1: can tax/spend for general welfare
2: in ANY rational basis, it will be upheld 3: can attach conditions, as long as they relate to a federal interest |
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Rule of Thumb: Distribution of Money
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Whenever a statute distributes money, TAX/SPEND is the best justification.
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Basic Rules: Commerce Clause and Federal Legislation
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1: a FEDERAL statute will never be unconstitutional under the commerce clause—grant of power, not restriction
2: Commerce Clause is ALWAYS a *possible* pick when looking for a constitutional justification for a federal statute. 3: If Congress DELEGATES authority to regulate an area of commerce to the states, state legislation will ALWAYS be constitutional |
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Basic Rules: Commerce Clause and State Legislation
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A court will balance the legitimate benefit of state legislation and the impact on commerce.
1: a constitutional challenge to STATE legislation on the grounds of a commerce clause violation is ALWAYS a possible challenge. 2: The following always violate the commerce clause: a) a state law to protect local economic interests b) a state law totally prohibiting the export of its natural resources c) states can only ban imports of harmful products if there no other way to deal with the problem. d) state regulation of foreign commerce e) state regulation of federal government economic activity |
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Basic Rules: Preemption
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Congress has preempted a field when:
1: statute says so 2: look at the intent of Congress |
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Rule of Thumb: Preemption
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If the purpose of the state legislation and federal legislation are different, conclude no preemption unless the statute says so.
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Basic Rules: Advisory Opinions
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1: Fed Cts. cannot issue advisory opinions
2: Congress cannot authorize advisory opinions 3: some state courts can, some cannot 4: If the federal ct. decision is subject to review by a different branch of government, it is an advisory opinion |
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Basic Rule: Third Party Standing
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Generally NOT Recognized
EXCEPT: a seller of goods or a provider of services has standing if he has also suffered harm through the effect of the regulation on customers. |
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Basic Rule: Full Faith and Credit
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Judgment of one state must be given effect in another if:
1: first state had jurisdiction 2: judgment was on the merits 3: judgment was final |
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Basic Rule: Takings
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A statute reducing the value of property WILL BE UPHELD if it promotes a legitimate public purpose
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Basic Rule: Strict Scrutiny
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Statute will be unconstitutional unless the GOVERNMENT can establish a COMPELLING government purpose.
Suspect Classes: RACE, RELIGION, NATIONAL ORIGIN, and most ALIENAGE distinctions. Statutes that classify on the base of and impact: PRIVACY, VOTING, TRAVEL, MARRIAGE, and ABORTION |
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Basic Rule: Intermediate Scrutiny
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A statute will be unconstitutional unless the GOVERNMENT can establish an IMPORTANT government purpose.
Lots of ad hoc: categories, but important category is SEX |
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Basic Rule: Rational Basis
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A statute will be CONSTITUTIONAL unless the CHALLENGER can show NO RATIONAL BASIS (aka NO LEGITIMATE GOVERNMENT PURPOSE)
Use for EVERYTHING that isn’t Strict or Intermediate Scrutiny ***age is a rational basis test*** |
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Finepoint: Alienage and equal protection
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If Congress acts: rational basis
If States act: strict scrutiny |
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Rule of Thumb: State Action
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Licensing and Assistance will NEVER be enough to convert to state activity on the MBE
Exception: don’t need state action for the involuntary servitude provisions of the 13th amendment |
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Rule of Thumb: Equal Protection + First Amendment
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If both Equal Protection and a fundamental right under the first amendment seem like viable challenges, CHOOSE the FIRST AMENDMENT
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Basic Rule: Free Exercise
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A generally applicable law not aimed at religion will be upheld even if it requires behavior contrary to religion
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Basic Rule: Establishment
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1: secular purpose
2: primary effect neither advances nor inhibits religion 3: will not result in excessive government entanglement with religion |