Justiciability & Judicial Review
This landmark 1803 case established the principle of judicial review, giving the Supreme Court power to declare acts of Congress unconstitutional
What is Marbury v. Madison?
Under the Commerce Clause, Congress can regulate these three areas, often remembered by the acronym "C.I.A."
What are Channels, Instrumentalities, and Activities with a substantial effect on interstate commerce?
This Amendment states that powers not delegated to the federal government are reserved to the states or the people
What is the 10th Amendment?
This is the highest level of judicial review, applied to laws involving race, religion, or national origin
What is Strict Scrutiny?
This three-part test (secular purpose, no primary effect, no excessive entanglement) was long the standard for Establishment Clause cases
What is the Lemon Test?
To obtain this "ticket" to enter federal court, a plaintiff must prove actual injury, causation, and redressability
What is Standing?
These four conditions (General welfare, Unambiguous, Related, and no Unconstitutional conflict) must be met for Congress to place valid conditions on federal money
What is the Dole Test?
This doctrine prohibits Congress from forcing states to pass specific laws or forcing state officials to carry out federal programs
What is the Anti-Commandeering Doctrine?
To pass this level of scrutiny, used for gender-based classifications, a law must be substantially related to an important government interest
What is Intermediate Scrutiny?
Under the Brandenburg rule, speech advocating lawless action is only unprotected if it is intended to and likely to produce this
What is Imminent Lawless Action?
This doctrine prevents courts from hearing cases that the Constitution specifically commits to the legislative or executive branches, such as foreign policy or impeachment
What is the Political Question Doctrine?
Justice Jackson’s famous three-part framework for evaluating presidential power—ranging from the "Zenith" to the "Nadir"—comes from this case
What is Youngstown Sheet & Tube Co. v. Sawyer?
This "implicit" clause prevents states from passing laws that discriminate against or unduly burden interstate commerce even when Congress is silent
What is the Dormant Commerce Clause?
According to Washington v. Davis, a plaintiff must prove this—not just "disparate impact"—to show an Equal Protection violation
What is Discriminatory Intent?
These are personally insulting words that, by their very utterance, provoke an immediate violent response
What are Fighting Words?
A court will reject a case under this doctrine if the controversy has not yet developed or is too speculative
What is Ripeness?
This clause allows Congress to use "any reasonable means" to carry out its enumerated powers, so long as those means are not prohibited
What is the Necessary and Proper Clause?
This exception allows a state to favor its own citizens if the state is acting as a buyer or seller (a business) rather than a regulator
What is the Market Participant Exception?
This famous footnote suggested that courts should be more suspicious of laws targeting "discrete and insular minorities
What is Carolene Products Footnote 4?
This four-part test is used to determine if the government can regulate "symbolic speech," such as burning a draft card
What is the O’Brien Test?
This 2011 case held that an individual prosecuted under a federal statute has standing to challenge it on federalism grounds that might otherwise belong to the states
What is Bond v. United States?
In NFIB v. Sebelius, the Court struck down a Medicaid expansion because it was deemed this, leaving states with "no real choice" but to agree
What is Coercive?
Under the Supremacy Clause, this occurs when a federal law overrides a conflicting state law
What is Preemption?
This 1886 case proved that a law neutral on its face (like a laundry permit requirement) violates Equal Protection if applied in a discriminatory way
What is Yick Wo v. Hopkins?
To win a defamation suit, a public official must prove the speaker acted with this—knowledge of falsity or reckless disregard for the truth
What is Actual Malice?