Federal Judicial
In order to have this, you need to satisfy 1) Standing, 2) Mootness, 3) Ripeness, 4) Political Question Doctrine.
What is Justiciability?
Presidential power under Article II is greatest when the president acts pursuant to this.
What is Congressional Authorization?
Gender and non-marital children fall under this.
What is intermediate scrutiny?
These are legislative acts that punish specific individuals or group members without a judicial trial.
What is a Bill of Attainder?
States may enact a law of general applicability due to this.
What is the Free Exercise Clause of the 1st Amendment?
Federal courts cannot hear claims from a private party or foreign government against a state government because of this amendment.
What is the 11th Amendment?
When an agency adopts regulations with extraordinary economic and political significance, needs clear congressional authorization from this doctrine.
What is the Major Questions Doctrine?
The right to travel and the right to vote fall under this classification.
Strict scrutiny
States cannot impair existing contractual duties under this.
What is the contracts clause?
This forum includes school gyms used for a debate on a specific community issue, and is subject to the same test as another forum for speech restriction.
What is a limited public forum?
A party requires these elements to have proper standing.
What is Injury (/likelihood of imminent injury), Causation, and Redressability?
The following types of vetos are unconstitutional.
What is legislative veto and line-item veto?
Voting, serving on a jury, working as a cop, working as a teacher, and working as a probation officer- All of these fall under an exception to this classification.
What is Alienage? (Note: usually strict scrutiny applies, but rational basis applies to these specific categories when looked at in an alienage context)
This is the analysis used to analyze whether there is a violation of procedural due process.
1. Has there been a deprivation of life, liberty, or property?
2. What procedures are required?
Burning the U.S. flag is considered this.
Protected symbolic speech
Supreme Court only hears cases on review if there has been a final judgment of these courts.
What is the lower federal court or a state's highest court?
What is Congress?
Classifications must be discriminatory to be reviewed under heightened scrutiny. These are the three ways to prove a discriminatory classification.
What is 1) Discriminatory law on its face, 2) Facially-neutral law applied in a discriminatory manner, and 3) Discriminatory motive/purpose?
Note: Burden on challenger
Right to privacy, right to vote, and right to travel fall under this classification.
What are fundamental rights?
Government action that is not neutral may still be permissible if supported by history and the Founding Fathers’ intent under this.
What is the establishment clause?
Under Art. III, Supreme Court has original jurisdiction over suits arising out of these two categories.
What is suits between states and cases involving foreign ambassadors and other foreign ministers?
(Note: These cases must be filed in federal court)
These legislations can be passed by Congress despite Congress's not having general police power.
What is Military, Indian Reservations, Federal Land/Territories, and DC?
1-yr residency to receive welfare; 1-yr residency to receive subsidized medical care; 1-yr residency to vote in state elections: These all fall under this category.
What is an invalid residency requirement?
This is when the government must prove that the law furthers an important state interest.
What is intermediate scrutiny?
Intermediate scrutiny