Constitutional Law
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Created by:
quicksilverca on July 11, 2011
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25 terms
Terms | Definitions |
|---|---|
 Restrictive Covenants | court enforcement of restrictive covenants of deeds constitutes state action, and thus a court may only enforce it if it is constitutional. Has to be rationally related to a legitimate state interest. Such as zoning. |
| Intergovernmental Immunity | The US government, agencies, and instrumentalities are immune from state regulation that interferes with federal activites, functions, and programs. |
| Power to adjudicate actions between 2 states | In the judicial branch |
| Federal district courts cannot render advisory opinions | ... |
| Lemon Test: | i) must have a secular purpose ii) primary effect is to neither advance or inhibit religion iii) not product excessive government entanglement with religion. |
| Substantive Due Process | tests the reasonableness of a statute. prohibits arbitrary governmental action. when the governmental action limits a fundamental right, the government must show that is is necessary to promote a compelling governmental interest. not a fundamental right = rational basis. |
| Impairment of Contracts Clause | prohibits only the substantial impairment of existing contracts |
| Contributions to Candidates campaigns | the government can limit contributions by an individual to avoid corruption or the apperance of corruption but it can not limit contributions to a political comittee that supports or opposes a ballot referendum. b/c the law does not serve a sufficiently important interest to outweigh the restraints it puts on the 1st amendment. |
| Privileges and Immunities | applies only when a state discriminates against non residents |
| When will a federal court hear an action to enjoin a pending state prosecution | When it is being conducted in bad faith |
| 11th amendment limits on federal courts | - a jurisdictional bar that modifies the judicial power by prohibiting FEDERAL courts from hearing a private party's or foregin government's claims against a state government. - Exceptions: ... actions can be brought against State OFFICIALS for: injunctions, monetary damages, prospective payments fro the state. |
| Priviliges and Immunities IV | prohibits discrimination by a state against nonresidents. Only apples to FUNDAMENTAL RIGHTS - those involving important commercial activites or civil liberties. |
| Exceptions to the commerce clause | - A discriminatory state or local law may be validif it furthers an important, noneconomic state interest (health, safety) - State as a market participant: the state can perfer its own citizens e.g. buying/selling products, hiring labor, giving subsidies. |
| Congress has the power to limit the SC's juris in marittime cases. | ... |
| Ad valorem Tax | - a tax based on a percentage of the assessed value of property in question once it reaches its final destination. - goods in transit are totally exempt from taxation, transit ends when the goods reach their destination and therefore are subject to tax |
| the pursuit of a livlihood is a right protected by the Privliges and Imunities clause - has to substantially interfere w/ important commercial activites or civil liberties. | ** A requirement that private contractors employ city residents substantially niterfers with this right UNLESS there is substantial justification for the discrimination. like the nonresidents are causing problems (unemployment) and the restriction is the least restrictive means of combating the problem |
| The property Clause | Congress has the power to "make all needful rules and regulations respecting the territory or other prperty beloning to the US" |
| Transaction Tax | a privilege or occupation tax. - a tax on the privilege of doing business in the state. This is constitutional if: i) it does not discriminate against interstate commerce; ii) the activity taxed has a substantial nexus to the taxing state; iii) the tax is fairly apportioned; and iv) the tax fairly relates to services provided by the taxing state. |
| The Contracts Clause | prohibits states from RETROACTIVELY and substantially impairing contract rights unless the governmental act serves an important and legitimate government interest and is a reasonable and narrowly tailored means of promoting that interest. |
| States may regulate local aspects of interstate commerce as long as the local regulation does not conflict with, or is not preempted by, federal regulation and the regulation meets the following test: | i) it does not discriminate against out of state competition in order to benefit local economic interests, ii) the incidental burden on interstate commerce does not outweigh the local benefits of the regulation |
| 1st amendment: True Threats are NOT protected | Content based restrictions on speech are permitted in cases where the speech creates a clear and present danger of imminent lawless action. |
| Limited Public Forum | The government can regulate speech in such a forum to reserve the forum for its intended use. Regulations will be upheld as long as they are i) viewpoint neutral, and ii) REASONABLY RELATED to a legitimate government interest. |
| Political Questiona | The Court will not decide: i) issues committed by the COnstitution to another branch of government; or ii) those inherently incapable of resolution and enforcement by the judicial process ex) what constitutes a republican form of government, procedures used for impeachment, Qs regarding the conduct of foregin relations, votes sufficient to elect a Congressman - Legislative Apportionment = NON-POLITICAL |
| Proving Discriminatory Classification: | Mere discriminatory effect is not enough, there must be INTENT to discriminate on the part of the government. Intent can be shown by: i) facial discrimination; ii) discriminatory application - government officials applying the law had a discriminatory purpose, and used discriminatory standards based on traits such as gender or race; or iii) discriminatory motive. - need to show evidence of a history of discrimination. Will have to show that other citizens of the area who are similarly situated do not have the law applied to them. |
| Affirmative Action | ... |
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