Such a motion would be denied, because the matter of attorney's fees was still at issue.  

A case will not be dismissed as moot where there are collateral legal consequences yet to be determined, or if the injury is capable of repetition

Constitution trumps a federal eagle slut

US Constitution

Treaties + Fed Statutes (First in time wins)

Executive Agreements

State Law

An attempt by Congress to overturn an executive agency action without bicameralism (i.e., passage by both houses of Congress) or presentment (i.e., giving the bill to the President for his signature or veto.  

Legislative vetos of executive power are invalid.

The conflict between state and federal laws.

If a state law conflicts with federal, it will be invalidated.  If state or local law preveents the acheivement of a federal objective, it will be invalidated.  Preemption lets a valid federal statute to "occupy" an entire field, thus precluding any state or local regulation even if it is nonflicting (e.g., patent law).

The program must 

1) have a secular purpose

2) have a primary effect that neither advances nor inhibits religion, and

3) not produce excessive government entanglement with religion

When the action is being conducted in bad faith - e.g., to merely harass the defendant.

NOTE:  federal courts normally may not do this.

The 11th amendment prohibits federal courts from hearing an action by a citizen of a state against his state, or a foreign government's claim against a state government

Exceptions:  1) actions to enjoin an officer from future conduct that violates constitution or federal law, and 2) actions for damage against an officer personally

NOTE:  actions between a federal government and a state are not barred

Note:  does not apply to local government

The government may limit the amount an individual can contribute to a candidate's campaign (to avoid corruption / appearance of corruption).

It cannot limit contributions to a political committee that supports or opposes a ballot referendum.

These are issues that are

1) constitutionally committed to another branch of government

2) inherently incapable of judicial resolution

1) Does the speech concern lawful activity and is not misleading or fraudulent?

If no to 1), ask:

1) is gov't interest in the regulation substantial?

2) does the regulation advance that interest?

3) is the regulation narrowly tailored to the substantial interest? 

With regulations that are

1) content neutral

2) are narrowly tailored to serve an importan government interest, and

3) leave open alternative channels of comunication

RAMPSE

Ripeness

Abstention

Mootness

Political Question

Standing

Eleventh Amendment

More broadly than public forums.  Think:  courtroom

The government can regulate speech in such a forum to reserve the forum for its intended use.  In such locations, regulations are valid if they are:

1) viewpoint neutral, and

2) reasonably related to a legitimate government purpose

Content:  except for obscenity + defamation, must be content neutral.  Intermediate scrutiny applies (advance important interest unrelated to suppression of speech and must not burden more speech than necessary

Conduct:  content-neutral time, place, and manner restrictions

1st Amendment guarantees public and press a right to attend criminal trials, but may be outweighed by overriding interest articulated in findings by trial judge.

Accused's right to fair trial may also outweigh public right.

For standing, a person must have a concrete stake in the outcome of the case.

1) Direct and personal injury from unlawful gov't action.  Does not need to be economic.

2) Causation - connection between injury and conduct

3) Redressability - favorable court decision must eliminate grievance

Bars consideration of claims before they have been developed

Plaintiff is not entitled to review of a statute or regulartion before its enforcement (ie may not obtain a declaratory judgment) unless the plaintiff will suffer some harm or immediate threat of harm

Bars consideration of claims after they have been resolved.

A real contreversy must exist at all stages of review.  If the matter has already been resolved, the case will be dismissed as moot.

A plaintiff cannot assert claims of third parties who are not before the court.

Exception 1:  there is a close relationship between the plaintiff and the injured third party

Exception 2:  an organization may sue for its members, if a) the members would have standing to sue, b) the interests are fermane to the organization's purpose, and c) neither the claim nor relief requires participation of individual members

Congress has the power to make all laws necessary and proper (appropriate) for executing any power granted to any branch of the federal government.

NOTE: cannot support federal law alone, must work in conjunction with other power

1) regulate the channels of interstate commerce

2) regulate the instrumentalities of interstate comerce and persons and things in interstate commerce, or

3) regulate activities that have a substantial effect on interstate commerce

Military

Indian Reservation

Federal Lands and Territories, or

DC

1) it must be an office where independence from the President is desirable, and

2) Congress cannot prohibit removal, it can limit removal to where there is good cause

federal (NOT state).  NOTE: criminal, not civil

Exception: impeached by house, cannot be pardoned.

A valid federal statute or regulation may expressly or impliedly "occupy" the entire field, thus precluding any state or local regulation even if the local regulation is nonconflicting.

Express preemption clauses - narrowly construed.

1) Does a state law discriminate against out of staters, or treat them alike?

2) If law doesn't discriminate:  P + I Clause of Art IV does not apply.  If law burdens insterstate commerce, it violates the dormant commerce clause if burdens outweigh benefits

3) If law does disctiminate: 1) is it necessary to achieve an important government purpose (exceptions:  congressional approval, market participant) 2) does it discriminate against out of staters earning liveligoood?  If so, violates P+I clause

A state may only tax activities if there is ______.

State taxaton of interstate businesses must be _______.

a substantial nexus to the state

fairly apportioned

1) tax must apply to an activity having a substantial nexu to the taxing state (substantial activity within the taxing state)

2) tax must be fairly apportioned according to a rational forumula (taxpayer has burden of proving unfair)

3) to be valid, tax must be fairly related to the services or benefits provided by the state

and if tax relates to interstate commerce:

4) tax must not discriminate against interstate commerce

To show a constitutional violation, "state action" must be involved.  Applies to government and government officers at all levels.  State actions can be found by seemingly private individuals who:

1) perform public functions

2) wherever a state affirmatively facilitates acts of discrimination by its citizens

private race, as well as slavery and involuntary servitude.

NOTE: no "violation" of 13th amendment for race discrimination, but Congress can enact laws using it

The Contract Clause prohibits ____ from enacting any law that _____ impairs contract rights.  It does not affect ______.

states

retroactively

contracts not yet entered into

Intermediate

The legislation must

1) serve an important and legitimate public interest, and 

2) is a reasonable and narrowly tailored means of promoting that interest

A law will be upheld if it is

rationally related to a legitimate government purpose.

Challenger has burden of proof

Law will be upheld if it is substantially related to an important government purpose. 

It is unclear who has the burden of proof - it is probably the government

The law is upheld if it is necessary to achieve a compelling government purpose.

The government has the burden of proof

1) possessory taking - government confiscation or physical occupation of property

2) regulatory taking - government regulation is a taking if it leaves no reasonable economically viable use of the property

1) Is there a taking (possessory or regulatory)?

2) is it for public use - as long as govt acts out of reasonable belief that taking will benefit public, it will meet this prong

3) is just compensation paid - reasonable market value, gain to takers irrelevant

procedures that gov't must follow when it takes away life, liberty, or property

was there propert notice and hearing?

For the gov't to have liability under the procedural due process, there must be ______ or at least ______ for liability to exist.

However, in emergency situations, the gov't is liable under due process only if its conduct ____.

Intentional government action, reckless action

"shocks the conscience"

1) the importance of the interest to the individual

2) the ability of additional procedures to increase the accuracy of the fact-finding

3) the government's interests

1) A law is discriminatory on its face

2) A discriminatory application of a facially neutral law (discriminatory impact + intent), or

3) A discriminatory motive behind the law (most difficult to prove - discriminatory effect not enough)

Strict Scrutiny

1) subject matter restrictions - application of the law depends on the topic of the message

2) viewpoint restrictions - application of the law depends on the ideology of the message

intermediate scrutiny

important

burden substantially more speech than necessary

1) are content-neutral

2) are narrowly tailored to serve an important government interest (NOTE easy to satisfy), and

3) leave open alternative channels of communication

NOTE:  injunctions handled differently

Injunctions against public speech that are content based must be ________________.

Injunctions against speech that are content-neutral must ____________________.

necessary to achieve a compelling government interest (like strict scrutiny)

burnden no more speech than is necessary to achieve an important government interest (like intermediate scrutiny)

1) the material must appeal to the prurient interest (contemporary community standard)

2) the material must be patently offensive under the law prohibiting obscenity, and

3) taken as a whole, the material must lack serious redeeming artistic, literary, political, or scientific value (national reasonable person standard)

1) was actively affiliated with the group

2) knowing of its legal activities, and

3) with the specific intent of furthering those illegal activities

they interfere with intimate association or expressive activity

(except where discrimination is integral to activities of the group, like the KKK)

1) there must be a secular purpose for the law

2)the effect must be neither to advance nor inhibit religion

3) there must not be excessive entanglement with religion

THINK:  SEX

1) narrowly tailored

2) to promote a compelling interest