Term
| Pursuant to Lujan, what are the "irreducible minimum" requirements of standing? |
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Definition
| (1) concrete injury, either actual or imminent, (2) causal connection between defendant's actions and plaintiff's injury, and (3) redressability |
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Term
| Why did the Lujan court find no injury in fact? |
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Definition
| "We have held that a plaintiff complaining of environmental damage must use the area affected by the challenged activity, and not an area “in the vicinity” or “far away” from it. The Act does not create rights of action in persons who have not been injured in fact, whose portions of the ecosystem have not been affected by the challenged activity." |
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Term
| Was redressability an issue in Lujan? |
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Definition
| Yes, because the agencies funded by the Secretary of the Interior only accounted for 10% of the total monies funding the foreign projects in question. |
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Term
| Who were the plaintiffs in Allen v. Wright? |
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Definition
| Allegedly black school children, but really civil rights groups. |
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Term
| What did the Allen court decide about the relationship between the judicial branch and the executive branch? |
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Definition
| Separation of powers does not permit the judicial branch to tell the executive branch how to do its job. Under Art. II Sec. 3, it is the Executive whose job it is to take care that the laws of the U.S. are faithfully executed - not SCOTUS. |
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Term
| Why did SCOTUS allow standing to plaintiffs in Mass. v. EPA? |
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Definition
| Because it was showing "special solicitude" to the states, and relaxed the standing requirements, because Mass. was acting in its role of "quasi-sovereign" in protecting its territory. |
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Term
| What is "prudential standing"? |
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Definition
| "Judicially self-imposed limits on the exercise of federal jurisdiction." |
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Term
| Why did the Newdow court exercise "prudential standing"? |
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Definition
| Because it did not feel like declaring the pledge of allegiance unconstitutional. |
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Term
| What is the difference between "prudential standing" and "Article III standing"? |
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Definition
| Art. III standing sets well-defined standards for admission to fed. court. Prudential standing is purely discretionary. |
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Term
| What did Flast v. Cohen have to say about the "cases and controversies" requirement of Art. III Sec. 2? |
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Definition
| All cases that come before SCOTUS must be an adversarial "flesh and blood" controversy between two parties asserting conflicting legal interests, whose resolution will not violate separation of powers. |
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Term
| Wickard v. Filburn extended the reach of the Commerce Clause by introducing what doctrine? |
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Definition
| "Substantial effect" on interstate commerce. |
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Term
| Stafford v. Wallace was a realistic or formalistic approach to commerce? |
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Definition
| Formalistic "throat of commerce." |
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Term
| What did U.S. v. E.C. Knight Co. have to say about manufacturing? Part of the stream of commerce? |
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Definition
| Manufacturing precedes commerce, and is therefore not a part of commerce. |
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Term
| NLRB v. Jones & Laughlin Steel Corp. upheld New Deal legislation based on what? |
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Definition
| Labor conditions are inextricably linked to the national economy, and the aggregate effects of workplace regulations have a large impact on interstate commerce. |
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Term
| Holding of Griswold v. Connecticut? |
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Definition
| Husband and wife have a fundamental right to choose whether or not to have children. "The right to receive advice about - and obtain - contraceptives from their medical provider." |
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Term
| What did Griswold say about privacy rights and individual autonomy? |
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Definition
| (1) The right is fundamental. The right to privacy creates a cloak that the govt. may not rip away without very good reason. (2) Marital couples given autonomy to make their own decisions regarding contraceptive rights. |
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Term
| What right was found in Eisenstadt v. Baird that expanded Griswold v. Connecticut? |
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Definition
| A single person has a fundamental right to seek contraception w/out regard for reason, motive, or involvement of another person. |
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Term
| What was the problem with Eisenstadt, given the criminal laws prevalent at the time? |
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Definition
| It gave implicit permission to violate the criminal laws regarding fornication. Caused a lot of opposition. |
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Term
| What is "abortion on demand" in first trimester? |
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Definition
| Pregnant woman may abort the baby for any reason or no reason. |
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Term
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Definition
| Woman has right to abortion, subject to state's interest in maintaining woman's health. Greater state interest. |
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Term
| 3rd Trimester rights to abortion? |
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Definition
| State has a great interest in the 3rd trimester, and such abortions may be banned, subject to the possible need to save the mother's life. |
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Term
| What's the "undue burden" test? |
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Definition
| A substantial obstacle. Rational basis. Intermediate scrutiny. Strict scrutiny. Now this - "has a substantial obstacle been placed in the path of a woman seeking an abortion before viability"? |
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