Con Law

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Con Law
2012-07-03 17:19:55
Con Law

Con Law
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  1. What four components comprise the "self imposed limitations of federal jurisdiction"
    No Advisory Opinions 



  2. Ripeness is 
    Immeidate Threat of Harm 
  3. Mootness is 
    if matter has alread been decided then no case. Two exceptions: 

    controversy capable of repitition

    class action  
  4. Standing is defined as what? 

    what are the three components of standing? 
    Standing means a person has a concrete stake in the outcome of a case 


    Injury or will be directly and personally injured by an allegedly unlawful government action


  5. What power may congress exercise?
    those enumerated in teh constituion and all auxiliary powers necessary adn proper to carry out all powers vested in the federal government 
  6. What will result in a tax being upheld under congress's taxing power?
    tax bears some reasonable relationship to revenue production or 

    congress has the power to regulate the activity taxed  
  7. Commerce Power defined: 

    Commerce power to be valid must do one of the three following things: 
    Congress has the exclusive power to regualte all foreign and interstate commerce. 

    Regulate the channels of interstate commerce

    Regulate the instrumentalities of interstate commerce and persons and things in interstate commerce

    regualte activities that have a  substantial  effect on interstate commerce 
  8. Congress's power over citizenship 
    Exlusion of aliens: turn away people trying to get in but must give notice and hearing to resident aliens 

    Naturalization and deanturalization: congress exclusive power over the naturalization of aliens  
  9. Power of the president: Three Tiers 
    If the president acts with the implied or express authroity of congress his authroity is at a maximum 

    If the president acts where congress is slient, his actions will be upheld unless it userps the power of another governmentla branch or prevents another branch from carrying out its tasks

    If the president acts agaisnt the express will of congress, he has little authroity and hsi action is likely invalid.  
  10. State regulation of congress in the absence of congressional action:

    When congress has not acted, a state or local government may regulate the local aspects of interstate commerce. To do so, however, it must not discriminate against or undully burden interstate commerce. 

    If it does it mill violate the commerce clause.

    There are two exceptions: market participant and where there is an important state interest

    Or if the state action is a tratitional state function  
  11. when a state is allowed to discriminate against interstate commerice in the absence of congressional action under the important state interest excpeiton what is the test:
    state discriminatory action must futher an 

    important noneconomic state interest and

    there must be no reasonable nondiscrimanatory alternatives available.
  12. Explain the test used for the privileges and immunities clause of Article 4 
    If a  state action denies the out of state person important economic interests or civil liberties

    the law is invalid unless the state has a substantial justification and ther are no less restrictive means  
  13. If there is no congressional action that preempts state regulation of interstate commerce, and the state action is not discriminatory, what is the test for the validity of the law?
    the las iw valid, unless the burden outwieghs a legitmate local interst. THe court will considere whether less restrictive means are available.
  14. What is the two step process of analizing a question where state regulation affects the free flow of interstate commerce:
    First ask: does the question refer to any federal legislation that might supersede the state reguation or preempt the field or or authroizes state regulation where otherwise permissible? If yes then automatically valid or invalid.

    If not, then does the state regulation either discriminate against interstate or out of state commerce or place an undue burden on the free flow of interstate commerce? If discriminatory, it will be invalid unless it furthers an important, noneconomic state interest and there are no reasonable nondiscrimionatory alternatives or the state is market participant.

    If the regualtion does not discriminate but burdens interstate commerce, it will be invalid if the burden on commerce outwieghs the states interest
  15. Use tax, (tax on goods purchased outside the state but used within it) valid if:
    valid as long as less than the sales tax
  16. Sales tax valid if:
    generally vlaid if there is a substantial nexus to the taxing state and the tax is properly apportioned
  17. Basic principle of procedural due process:
    A fair process is required for a governmental agency to individually take a persons "life liberty or property." ony intentional, not negligent deprivation of these righs violates the Due Process Clause
  18. in the procedural due process sense, what is consired a persons liberty:
    if a person loses

    significant freedom of action or

    is denied a freedom provided by the constitution or a statute.
  19. What is property for in the procedural due process sense:
    Property icludes personal belongings and realty,and also legitimate claims or entitlements to benefits under state and federal law.
  20. In order for a government to individually take a persons life liberty or process what comprises fair process:
    a three part balancing test:

    the importance of the interest to the individual and

    the value of specific procedural safeguards to that interest against

    the governmental interst in fiscal and administrative efficiency
  21. What do both substantive due process and equal protection demand:
    Require the court to review the substance of a law rather than the procedures employed
  22. How to tell the difference between substantive due process and equal protection
    subtantive due process is a law limites the liberty of all persons to engage in some activity,

    Equal protection if the law treats a person or class of persons different from others
  23. For both substantive due process and equal protection the court applies the same three standards:
    Strict scrutiny: regulation affecting fundamental rights or involving suspect clssifications.

    Intermediate scrutiny: regulations involving quasi-suspect classification

    Rational basis applied to all other laws
  24. For substantive due process and equal protection, describe the people and rights it protects:
    Regulations affecting fundamental rights (interstate travel, privacy, voting, and first amendment rights) or involving suspect classifications (race national origin, alienage).
  25. What is the strict scrutiny test for equal protection and substantive due process:
    Law will be upheld if it is necessary to achieve a compelling government purpose. Burden is on the government.
  26. In equal protection and substantive due process, when is the intermediate scrutiny test applied:
    to quasi suspect classifications, gender and legitimacy
  27. In equal protection and substantive due process, what is the intermediate scrutiny standard:
    the law is upheld if it is substantially related to an important governmental purpose. The burden of proof is probably on the government.
  28. What is the ratinoal basis test
    the law is upheld if it is reationally related to a legitimate government purpose. Very easy standard to meet. Only invalid if arbitrary or irrational. Burden is on the party challenging.
  29. What are common non-suspect or quasi suspect classifications under substnative due processo or equal protection:
    Age disability and poverty