The U.S. Constitution
What does Article I of the U.S. Constitution outline?
Legislative Branch- establishes congress, and outlines their powers and responsibilities, including the ability to make laws and levy taxes.
What is Judicial Review?
The ability of the courts to interpret and review laws, established by Marbury v. Madison.
What does it mean for a party to have “standing”?
Standing means they have the legal right to bring a lawsuit.
What are the categories of speech that are NOT protected?
True threats, incitement, obscenity, fighting words, defamation.
In Massachusetts v. EPA, why did the Court find that Massachusetts had standing?
Massachusetts showed concrete harm (coastal land loss) and had a sovereign interest in protecting its environment. Additionally, the court noted states have a lesser burden to meet the elements of standing than an individual
What does Article II of the U.S. Constitution outline?
Executive Branch—establishes the presidency and the power of the president, including requirements to be president.
Why is Judicial Review important?
It establishes that courts have the final say on constitutional interpretation, ensuring that congressional legislation can be challenged in court to maintain constitutional stability.
What are the three elements of standing from Lujan v. Defenders of Wildlife?
Concrete personal injury, causation, redressability.
What are the differences between R.A.V. v. St. Paul and Virginia v. Black?
R.A.V. v. St. Paul—hate speech law struck down as overbroad. Virginia v. Black—cross burning struck down because it assumed intent to intimidate whenever someone burned a cross .
What was the Court’s holding in 303 Creative v. Elenis?
The government cannot compel individuals to create speech that violates their beliefs, protecting free speech rights.
What does Article III of the U.S. Constitution outline?
Judicial Branch—establishes the Supreme Court and other federal courts, outlining their power and jurisdiction, including the authority to interpret law and resolve disputes.
Who wrote the majority opinion in Marbury v. Madison and what did it establish?
Chief Justice Marshall—established judicial review by ruling that the Judiciary Act of 1789 was unconstitutional.
In which case did the plaintiff not have standing and why?
Lujan v. Defenders of Wildlife—no personal injury, only a general grievance shared by the public.
What test did Miller v. California create for obscenity?
1) Appeals to prurient interest, (2) Patently offensive depiction of sexual conduct, (3) Lacks serious literary, artistic, political, or scientific value.
Why did the ruling in Masterpiece Cakeshop v. Colorado Civil Rights Commission have less impact than expected?
The Court focused on procedural issues (bias in the state commission) rather than the broader issue of free speech vs. anti-discrimination laws.
How does the amendment process in the Constitution differ from the Articles of Confederation?
Articles of Confederation required unanimous approval from all 13 states, making amendments nearly impossible. The U.S. Constitution allows amendments via a two-thirds vote in Congress or a convention of two-thirds of states, with ratification requiring approval from three-fourths of states.
After Marbury v. Madison, if the Supreme Court holds a law unconstitutional, who has the final say?
The Supreme Court has the final say on federal laws’ constitutionality.
What is a nonjusticiable political question?
A political question is one the Court refuses to decide because the issue is more appropriate for another branch of government.
Why was the Child Online Protection Act (COPA) unconstitutional in Ashcroft v. ACLU?
It failed strict scrutiny because it was not the least restrictive means to protect minors online.
What test did Central Hudson Gas & Electric v. Public Service Commission create for commercial speech?
(1) Lawful & not misleading, (2) Substantial government interest, (3) Directly advances the interest, (4) No more extensive than necessary.
What section and article of the U.S. Constitution gives the Supreme Court original jurisdiction?
Article III, Section 2—outlines the Supreme Court’s original jurisdiction over cases involving states, ambassadors, and public ministers.
How do the other branches keep the Supreme Court in check?
The Court has no access to the “purse” (funding controlled by Congress) and no control over the military (controlled by the President).
What are the six factors that create a political question?
(1) Textually demonstrable commitment to another branch, (2) No judicially manageable standards, (3) Policy determination, (4) Lack of respect for other branches, (5) Prior political decision, (6) Differing opinions between branches.
What was the issue in New York Times v. United States (Pentagon Papers Case)?
The government sought to prevent newspapers from publishing classified information, but the Court ruled that prior restraint was unconstitutional.
Why was Austin’s sign ordinance upheld in City of Austin v. Reagan National Advertising, but San Diego’s ordinance struck down in Metromedia v. San Diego?
Austin’s law was content-neutral (intermediate scrutiny), while San Diego’s law was content-based (strict scrutiny) and favored certain speech categories.