Standing & Federal Courts
What are the three constitutional requirements for standing?
Injury in fact, causation, and redressability.
Under the Supremacy Clause, when does federal law preempt state law?
When state law conflicts with federal law, interferes with federal objectives, or Congress occupies the field.
What level of scrutiny applies to laws burdening fundamental rights?
Strict scrutiny.
What level of scrutiny generally applies to content-based speech restrictions?
Strict scrutiny.
Can a private individual sue a state for money damages in federal court?
No. The Eleventh Amendment generally bars the suit.
What additional justiciability requirements must be met even if standing exists?
The case must be ripe, not moot, and cannot seek an advisory opinion.
What does the Tenth Amendment prohibit Congress from doing to the states?
Congress cannot compel states to enforce federal laws, although it may encourage compliance through funding incentives.
Is education considered a fundamental right under substantive due process? What level of scrutiny applies?
No. Rational basis review applies.
What three requirements must a valid time, place, and manner restriction satisfy in a public forum?
It must be content neutral, narrowly tailored, and leave open alternative channels of communication.
What is the market participant exception to the Dormant Commerce Clause?
When a state acts as a business rather than a regulator, it may favor its own citizens.
What three requirements must an organization satisfy to have standing?
(1) A member has standing; (2) the injury relates to the organization's purpose; (3) individual members do not need to participate.
What four areas are the only places where Congress has general police power?
Military bases, Indian territories, federal lands, and Washington, D.C. (MILD).
What does the acronym MOPPS stand for?
Marriage, Obscenity in the home, Parental/family rights, Procreation/contraception, and Sexual relations.
What four-part test applies to restrictions on commercial speech?
The speech must be lawful and not misleading; the government must have a substantial interest; the regulation must directly advance that interest; and it must be narrowly tailored.
Can a state tax federal employees?
Yes, if it taxes them the same as everyone else
When may the U.S. Supreme Court review a decision from a state's highest court?
Only if there is a final judgment involving federal law and there are no adequate and independent state grounds supporting the decision.
Why can't Congress rely solely on the Necessary and Proper Clause to justify legislation?
Because the Necessary and Proper Clause must be combined with another enumerated congressional power.
What are the three levels of Equal Protection scrutiny, and which classifications receive each?
Strict: race, state alienage, fundamental rights. Intermediate: gender and illegitimacy. Rational basis: age, education, wealth, and most others.
What is prior restraint, and what standard applies?
Government action preventing speech before it occurs; strict scrutiny applies and such laws are usually unconstitutional.
When may a federal court enjoin an ongoing state court proceeding?
Only if the proceeding was brought in bad faith or for harassment.
A state court decision rests on both federal and state grounds. If reversing the federal ground would not change the outcome, can the Supreme Court hear the case? Why?
No. The adequate and independent state ground bars Supreme Court review.
What makes a legislative veto unconstitutional?
Congress cannot overturn executive action without bicameralism and presentment.
Under the public function doctrine, what exception allows states to discriminate based on alienage?
States may limit certain government positions involving public functions (such as police officers and public school teachers) to citizens, and rational basis applies.
In a limited or designated public forum, what two requirements must a speech restriction satisfy?
It must be viewpoint neutral and reasonably related to a legitimate government interest.
Name three constitutional doctrines that are frequently the wrong answer on the MBE according to this outline.
Examples include the Eleventh Amendment (when misapplied), the Fourteenth Amendment Privileges or Immunities Clause, and the Contracts Clause.