Make them wet!
What's the Amendment Process?
Two steps.
(1) Proposal (2/3 of both houses of Congress OR 2/3 of state legislatures); and
(2) Ratification (3/4 of states via legislatures or ratifying conventions).
Article III Standing (Lujan 3-Part Test): A plaintiff must prove... (3):
(1) Injury in Fact (concrete, particularized, actual/imminent);
(2) Causal Connection (traceable to defendant); and
(3) Redressability (favorable verdict will fix the harm).
Associational Standing (3-Prong Test): Valid if... (3):
(1) Members have standing;
(2) Interests are germane to the group's purpose; and
(3) Individual member participation is not required,.
Factors - Ripeness: Evaluated via... (2):
(1) Fitness for judicial review and
(2) Hardship to the parties if delayed.
Exceptions to Mootness (4): A moot case will still be heard if...
(1) Voluntary Cessation (defendant could just resume);
(2) Capable of repetition, yet evading review;
(3) Class Action; or
(4) Collateral Consequences.
The Blaisdell 5-Factor Test (Police Powers over Contracts): States can validly impair contracts during an emergency if...(5):
(1) An economic emergency exists;
(2) Legislation serves a legitimate objective;
(3) The emergency justifies the action;
(4) The relief is reasonable; and
(5) It is temporary,.
11th Amendment Sovereign Immunity: Citizens cannot directly sue their state, but there are 5 exceptions:
(1) State consents voluntarily;
(2) Congress offers conditional financial incentives;
(3) Congress abrogates it under the 14th Amendment;
(4) The state is sued by another State or the Feds;
(5) The Ex Parte Young doctrine (suing a state officer in their capacity for injunctive/declaratory relief to stop them from enforcing an unconstitutional law).
What are the two valid vetos? (100 points)
What are the two invalid vetos? (100 points)
VALID VETOS: Direct and Pocket
INVALID VETOS: Line-Item and Legislative
Necessary and Proper Clause (McCulloch): Congress has implied powers to pass laws that are...[BLANK] and [BLANK] means to carry out its enumerated ends.
(1) Convenient; and
(2) Useful
What are the three tiers of scrutiny, and explain what they are.
SS: NT > CGI
IS: SR > IGI
RBS: RR > LGI (OR LGP)
What are the six (6) types of cases that would fall under the political question doctrine that Buhi told us about?
(1) Partisan gerrymandering;
(2) Guarantee Clause;
(3) Impeachment;
(4) Congressional self-governance;
(5) Foreign affairs/security; and
(6) Amendment ratification
Scope of the Commerce Clause (Lopez 3 Categories): Congress can regulate:... (3):
(1) Channels of interstate commerce;
(2) Instrumentalities of interstate commerce; and
(3) Activities that substantially affect interstate commerce.
The Wickard Aggregation Test (Higher Scrutiny): For intrastate activities, evaluate 4 factors:
(1) Is it economic or non-economic? (Rule: You cannot aggregate purely non-economic activity);
(2) Did Congress include a jurisdictional element?;
(3) Are there legislative findings?;
(4) Does it unnecessarily encroach on state police powers?.
Conditional Spending (South Dakota v. Dole 5 Limitations): Congress can validly attach conditions to federal funds if..... (5):
(1) It is for the general welfare;
(2) Conditions are clear/unambiguous;
(3) Related to a federal interest;
(4) Does not violate an independent constitutional bar;
(5) It is not excessively coercive.
Exceptions to the State Action Doctrine: The 14th Amendment only applies to government actors, EXCEPT when private conduct is treated as state action via... (3):
(1) Entanglement (govt facilitates discrimination);
(2) Entwinement (private entity overborne by public institutions);
(3) Public Functions (performing exclusive, traditional govt tasks like elections),.
Presidential Authority (Youngstown 3-Part Framework):
Who is an "Officer" (Lucia 2-Part Test): A worker is an officer (not an employee) if they:
(1) Occupy a continuing position established by law; AND
(2) Exercise significant authority.
How are principal officers nominated? (200 points)
How are inferior officers nominated? (200 points)
Principal Officers: MUST be nominated by the President and confirmed by the Senate.
Inferior Officers: Can be appointed 4 ways (President + Senate, President alone, Heads of Departments, or the Courts),.
What Are The Three (3) Different Types of Preemption, and what do they mean:
(1) Express Preemption (statute explicitly preempts);
(2) Field Preemption (federal rules are so comprehensive they leave no room for state law);
(3) Conflict Preemption (compliance with both is impossible or obstructs federal goals),.
Privileges and Immunities v. Privileges Or Immunities:
1.) Which one is Article IV?
2.) Which one is 14th Amendment?
3.) Which one is state & local, and which one is federal?
4.) Which one is regarding the right to travel?
1.) The Privileges AND Immunities Clause
> Article IV, §2, Clause 1: STATE AND LOCAL
2.) The Privileges OR Immunities Clause
> 14th Amendment: FEDERAL
Political Question Doctrine (Baker v. Carr 6-Factor Test) - A case is a non-justiciable political question if there is...... (6):
(1) Textual commitment to another branch;
(2) Lack of judicially manageable standards;
(3) Impossible to decide without nonjudicial policy determination;
(4) Lack of respect for other branches;
(5) Need to adhere to a prior political decision;
(6) Potential for embarrassment.
Loaded Question: The Dormant Commerce Clause
1.) What are the two things we are looking the law to be? (100 points)
2.) How do you test those two things, and explain what the test is as well. (400 points)
1.) Either Overt/Facially Discriminatory OR Non-Overt/Facially Neutral
2.1) Overt/Facially Discriminatory: A state law explicitly discriminating against out-of-state commerce triggers strict scrutiny (NT>GCI)
2.2) Non-Overt/Facially Neutral: The Pike Balancing Test: If the law is neutral but burdens commerce, courts weigh: (1) The weight and nature of the state's health/safety concern against (2) The burden imposed on interstate commerce.
1.) What are the two exceptions to the DCC?
2.) What's the exception to one of the exceptions?
1.) Quarantine Exception and Market Participant Exception
2.) The Regulatory Downstream Exception to the Market Participant Exception
Regulatory Takings (Penn Central 3-Part Test): Courts evaluate:... (3):
(1) The character of the government action;
(2) The economic impact on the owner's property; and
(3) The level of interference with distinct investment-backed expectations.
Right to Travel (3-Part Test): Protects the right to... (3):
ALSO, If there are classifications burdening this, what test would you apply?
(1) Enter/leave a state;
(2) Be treated as a welcome visitor;
(3) Be treated equally if becoming a permanent resident.
> Classifications burdening this trigger Strict Scrutiny.