All Rise!
The Plaintiff has been harmed or suffers an immediate threat of harm
What is Ripeness?
A law is said to be this if a reasonable person can't tell whether it allows or prohibits speech, or substantially regulates it more than the Constitution allows it to be prohibited
What is Vague(ness) and Overbroad?
The President can exercise the Pardon Power for these types of offenses
What are
"Offenses against the United States, except in cases of impeachment."
This power only applies to federal cases- the President may not pardon anyone for state offenses.
This Clause prohibits the government from punishing someone solely on the basis of that person’s religious beliefs or conduct
What is the Free Exercise Clause?
Note: The government action must be necessary to achieve a compelling interest.
In what three circumstances is federal preemption implied?
(i) Congress intended for federal law to occupy the field;
(ii) The state law directly conflicts with federal law; or
(iii) The state law indirectly conflicts with federal law by creating an obstacle or frustrating the accomplishment of that law's purpose.
The Fifth Amendment prohibits the government from seizing or acquiring private property without providing just compensation to the owner or occupant, whether by possession or regulation
What is the Takings Clause
These requirements must be satisfied when determining whether a case or controversy exists
What are
(1) standing,
(2) ripeness,
(3) mootness, and
(4) political question doctrine ?
The government may regulate obscenity using these criteria
What are
(1) Appeals to prurient interests
(2) Patently offensive in its sexual portrayal
(3) Lacks serious literary, artistic, political or scientific value
This standard is used to determine whether a tax by Congress should be upheld
What is the tax only needs to be rationally related (or have a reasonable relationship) to revenue production?
This Clause prohibits government acts that establish/sponsor religion or give preference to one religion over another
What is the Establishment Clause?
Arises if a state law is intentionally protectionist, discriminates against out-of-state residents, and concerns rights relating to important commercial activities
What is the Article IV Privileges and Immunities Clause?
NOTE: ONLY protects citizens, as corporations and aliens are not citizens for purposes of the P&I Clause
The four suspect classifications for whom strict scrutiny will apply in an Equal Protection claim
What are
(1) Race
(2) Ethnicity
(3) National origin
(4) If the classification is by state law, citizenship status?
This means that a judgment rests on "adequate and independent state grounds"
What is
(1) The state law grounds fully resolve the matter (i.e., be adequate) and
(2) does not incorporate a federal standard by reference (i.e., be independent).
These requirements must be met for a government to be permitted to regulate speech-related activities in nonpublic forums
What are
(1) Viewpoint-neutral; and
(2) Reasonably related to a legitimate governmental interest?
Congress is able to regulate purely private conduct with this power
What is when it adopts legislation rationally related to eliminating racial discrimination (i.e., “badges or incidents” of slavery) pursuant to the Thirteenth Amendment?
The two scenarios when private conduct amounts to state action
What are
(1) When a private person carries on activities that are traditionally performed exclusively by the state; and
(2) When the government is significantly involved in private discrimination?
A state tax on interstate commerce will be okay if it doesn't discriminate against interstate commerce and does these three things
What is
(1) the tax must have a substantial nexus to the taxing state,
(2) the tax must be fairly apportioned, and
(3) the tax must be fairly related to services/benefits provided by the state.
This applies if a right is denied to all but this applies if a right is denied to some but not others
What are Substantive Due Process and the Equal Protection Clause?
These are the two methods of Supreme Court review
What is
(1) Discretionary review (through granting writ of certiorari)
(2) Mandatory review (must take appeals from 3-judge district panels regarding injunctive relief)?
These are the three requirements that must be met in order for a public forum restriction on the time, place, or manner of speech to be permissible
What are
(1) Be content-neutral as to both subject matter and viewpoint;
(2) Be narrowly tailored to serve a significant state interest; and
(3) Leave open ample alternative channels for communication of the information.
These acts arise when Congress passes a law reserving to itself the right to disapprove future executive actions by simple resolution
What is a Legislative veto?
Note: Such acts are unconstitutional.
These are the Lemon Test factors that determine the validity of government action
What are
(1) there is a secular purpose behind the act;
(2) the act’s primary effect neither advances nor inhibits religion;
(3) the act does not create excessive government entanglement with religion?
The Dormant Commerce Clause allows state law to burden interstate commerce under these exceptions
What are
(1) it is necessary to an important state interest,
(2) the state is a market participant,
(3) the law involves a traditional government function, and
(4) Congress has unmistakably granted permission?
These are the three levels of scrutiny
What are
(1) Rational basis – A law will be upheld if it is rationally related to a legitimate governmental purpose—challenger bears the burden of proof
(2) Intermediate scrutiny – A law will be upheld if it is substantially related to an important governmental purpose—government bears the burden of proof
(3) Strict scrutiny – A law will be upheld if it is necessary to achieve a compelling governmental interest—government bears the burden of proof?
These lawsuits are barred by the 11th Amendment
What are
(1) Citizens of one state suing another state in federal court;
(2) Suits in federal court against state officials for violating state law; and
(3) Citizens suing their own state in federal court?
Note: These are subject to exceptions.
These four requirements must be met in order for government regulation of expressive conduct to be upheld
What are
(1) The regulation is within the government's power to enact;
(2) The regulation furthers an important governmental interest;
(3) The governmental interest is unrelated to the suppression of ideas; and
(4) The burden on speech is no greater than necessary?
Treaties are made by the President and become effective with the ratification of 2/3 of the Senate, but these rules apply if there is a conflict between the treaty and other laws
What is
Conflicts with state law - treaty prevails
Conflicts with federal law - most recent prevails
Conflicts with the Constitution - Const. prevails?
Under Equal Protection, these are the two instances when the court applies the strict scrutiny test
What is when the state action in question involves a fundamental right or suspect classification?
These are the five exceptions to the general rule that states cannot enact legislation that discriminates against out-of-state commerce
What are
(1) Necessary to important state interest and no other non-discriminatory means are available
(2) State as a Market Participant
(3) Traditional government function exception
(4) Subsidies
5) Federal/Congressional Approval?
A fair process (notice/hearings) is required for the government to take or deprive a person’s life, liberty, or property
What is Procedural Due Process?