Term
| Does Congress have to prove that an activity has a substantial economic effect on interstate commerce in order to make a law governing that activity? |
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Definition
| No- there only has to be a conceivable rational basis for concluding that the activity regulated, in aggregate, substantially affects interstate commerce |
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Term
| State and local laws that put a burden on interstate commercne are invalid, unless... |
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Definition
1. congress specifically authorizes the state to regulate this area of commerce or
2. state is acting as a market participant, so the state is acting like a private company |
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Term
| If a state's law directly discriminates against interstate commerce, the state has to show what in order for the law to be valid? |
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Definition
| needs to be necessary to acheive a legitimate local purpose and there have to be no reasonable alternatives to the state law |
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Term
| If a state law does not directly burden interstate commerce, what is the test for that law? |
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Definition
| Use a balancing test: burden on interstate commerce and the purpose for the law by the state |
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Term
| Can the states tax or regulate the federal gov't? |
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Definition
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Term
| Will a state law be preempted if different purposes are served by the federal and state law? |
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Definition
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Term
| What are the 5 justicability doctrines? |
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Definition
| RAMPS: ripeness, advisory opinions, mootness, political question doctrine, and standing |
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Term
| What are the three factors needed for standing? |
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Definition
Is there an injury in fact or a threat of immediate injury?
Causation
Redressability |
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Term
| When may the US Supreme Court review a decision from a state court? |
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Definition
1. Has to be a final judgment from the state court
2. It comes from the highest state court which would have jurisdiction in this state case
3. must be a substantial federal question (if only a state law question then cannot be heard)
4. The decision by the state court cannot rest on adequate independent state grounds |
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Term
| May state courts issue advisory opinions? |
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Definition
| Yes, but federal courts may not |
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Term
| What does the full faith and credit clause say? |
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Definition
| Each state must give full faith and credit to the public acts, statutes, records, judicial proceedings of every other state |
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Term
| Requirements for the full faith and credit clause to apply? |
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Definition
1. state court judgment must be a final judgment
2. the rendering state must have had proper jurisdiction
3. the judgment from the rendering state must be on the merits |
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Term
| Can the President add conditions to a federal pardon? |
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Definition
| Yes, as long as they are reasonable |
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Term
| What are the classifications that trigger strict scrutiny? |
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Definition
NoRA
National Origin
Race
Alienage |
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Term
What are some classifications that use the rationale basis test?
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Definition
Age
economic classifications
mental/physical handicaps
foreign travel
classifications by Congress of aliens
classifications based on non-fundamental rights (the right to medical care, public education, gov't employemnt, welfare benefits, to declare bankruptcy, to have a professional license, inmate rights) |
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Term
| What classifications trigger intermediate scrutiny? |
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Definition
Gender
Illegitimacy
Children of aliens |
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Term
| What is the test for procedural due process questions? |
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Definition
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Term
| What are the factors of the balancing test for procedural due process? |
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Definition
1. importance of the interest affected
2. risks of error by the gov't if no additional procedures are required
3. administrative burden on the gov't |
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Term
| What is the test for substantive due process questions? |
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Definition
fundamental right: strict scrutiny
non-fundamental right: rational basis test |
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Term
| What is the test when a state requires long-term residency requirements as a condition to receiving economic or social benefits? |
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Definition
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Term
| When can a private party violate the constitution? |
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Definition
| When they violate the 13th Amendment- slavery |
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Term
| What is the Equal Rights Amendment? |
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Definition
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Term
| What is the test for content-based regulations? |
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Definition
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Term
| What is the test for obscenity? |
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Definition
1. material must appeal to the prurient interest of the avg person in the community
2. must be patently offensive to the avg person in the community
3. material taken as a whole must lack serious literary, artistic, scientific value (reasonable person standard) |
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Term
When can the gov't ban or regulate commercial speech?
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Definition
Commercial speech that is false, misleading, deceptive or relates to illegal conduct
the regulation must be narrowly tailored to serve a substantial gov't interest (intermediate scrutiny) |
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Term
| How can the gov't regulate speech in traditionally public forums? |
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Definition
| Gov't may not totally ban free speech in these areas, but may be subjec to reasonable time, place, and manner restrictions as long as they are neutral and serve a significant gov't interest |
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Term
| What is the test for gov't regulation of speech in designated public forums? |
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Definition
| same as for traditional public forum |
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Term
| What is the test for free speech regulation in a non-public forum? |
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Definition
Regulation has to be viewpoint neutral and only has to be meet the rational basis test
Remember: this includes sidewalks at post offices |
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Term
| Test under the establishment clause? |
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Definition
the laws primary purpose must be secular
the primary effect of the law neither aids nor burdens religious practices
no excessive entanglement b/w church and state |
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