Study sets matching "con law"

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Study sets matching "con law"

31 terms
Con Law
Express Preemption
Implied Preemption
Supremacy Clause
Constitution divided into articles
Federal law expressly preempts state law in cases in which th…
1) The federal gov't intended to occupy the entire field with…
Article VI of the Constitution, which makes the Constitution,…
A1 - Legislative (Congress) - ... A2 - Executive ... A3 - Judicial…
Express Preemption
Federal law expressly preempts state law in cases in which th…
Implied Preemption
1) The federal gov't intended to occupy the entire field with…
82 terms
Con Law
The Preamble
Article I
Article 1 Section 7
Article 1 Section 8
-Tells us what the Constitution set out to do
-Creates the legislative branch as a Congress with enumerated…
Constitution does not allow line-item vetoes of specific prov…
-Congress only has the powers that were given to it in the Co…
The Preamble
-Tells us what the Constitution set out to do
Article I
-Creates the legislative branch as a Congress with enumerated…
Con Law
RAMPS
Federal Property Power
Supremacy Clause
Dormant Commerce Clause
Ripeness, Advisory, Mootness, Political Question, Standing
Congress has the power to make all rules and regulations affe…
Policy, not a power. Valid federal laws supersede, but states…
State regulation of intrastate commerce must be (1) Nondiscri…
RAMPS
Ripeness, Advisory, Mootness, Political Question, Standing
Federal Property Power
Congress has the power to make all rules and regulations affe…
86 terms
Con Law
Political Question
Judicial Review
Original Jurisdiction
Writ of Mandamus
a textually demonstrable constitutional commitment of the iss…
authority of the courts to review decisions, action, or omiss…
the power of a court to hear an action upon its commencement…
a court order issued commanding a public or private entity, o…
Political Question
a textually demonstrable constitutional commitment of the iss…
Judicial Review
authority of the courts to review decisions, action, or omiss…
Con Law
Habeas Corpus
Final Judgment
Writ of Mandamus
Judicial Review
a challenge to allegedly illegal imprisonment (typically a po…
a ruling that disposes of all of the issues in the case such…
an order from a court to an inferior government official orde…
the court's power to declare the actions of other branches of…
Habeas Corpus
a challenge to allegedly illegal imprisonment (typically a po…
Final Judgment
a ruling that disposes of all of the issues in the case such…
Con Law: Legislative Power
Supremacy Clause
Necessary and Proper Clause
Commerce Clause
Affectation Doctrine
if state law conflicts with federal law, the state law is pre…
congress has power to do things that are not stated under the…
Power to regulate commerce between nations, tribes, states
congress can regulate anything that affects interstate commerce
Supremacy Clause
if state law conflicts with federal law, the state law is pre…
Necessary and Proper Clause
congress has power to do things that are not stated under the…
154 terms
con law
magna carta... + importance
Constitution magna carta parallesls
House of Stuart/Charles I/Grand Remons…
1689 English Bill of Rights
legal contract drafted by counsel of barons (later Parliament…
grip tc... 1) gov rests on consent of governed; 2) no tax w/o re…
Charles I:... 1641 Grand Remonstrance lists grievances:... Dissolv…
• William & Mary: Bill of Rights... • Shift from CONTRACTUAL AGR…
magna carta... + importance
legal contract drafted by counsel of barons (later Parliament…
Constitution magna carta parallesls
grip tc... 1) gov rests on consent of governed; 2) no tax w/o re…
Con Law
Prohibition Against Advisory Opinions
Standing
Constitutional Standing
Injury
prohibited if there is a substantially likelihood that the de…
determines whether a specific person is the proper party to b…
Injury, Causation, Redressability
determines if there is an actual case or controversy, must be…
Prohibition Against Advisory Opinions
prohibited if there is a substantially likelihood that the de…
Standing
determines whether a specific person is the proper party to b…
93 terms
Con Law
The Federal Judicial Power
Standing
Injury
Standing: Third Parties
Defined by Art 3 of con with a requirement for case and contr…
the issue of whether plaintiff is proper party to bring a mat…
injury isn't established with mere ideological objection, Ps…
no third party standing, a P cannot assert claims of others,…
The Federal Judicial Power
Defined by Art 3 of con with a requirement for case and contr…
Standing
the issue of whether plaintiff is proper party to bring a mat…
Con Law
Four approaches to Presidential Power…
Article II
Possible factors supporting a narrow i…
Justice Jackson 3-party Authority Test
o (1) No inherent power; can only act on express constitution…
o §1: The executive Power shall be vested in a President of t…
o War not declared... o Emergency unclear... o Executive action rem…
o P+C = Strongest presumption of validity... • To invalidate, mu…
Four approaches to Presidential Power…
o (1) No inherent power; can only act on express constitution…
Article II
o §1: The executive Power shall be vested in a President of t…
Con Law
Marbury v Madison
Cooper v Aaron 1958
Martian v Hunter's Leese 1816
Cohens v Virginia 1821
i. Creates authority for judicial review of executive actions…
i. Court relied on Marbury to compel desegregation of Little…
i. Supreme court decisions on constitutionality are binding o…
Reaffirmed Court's ability to have binding precedent on state…
Marbury v Madison
i. Creates authority for judicial review of executive actions…
Cooper v Aaron 1958
i. Court relied on Marbury to compel desegregation of Little…
51 terms
Con Law
Standing
Injury
Causation & Redressability
Justifiability
A party must have a concrete interest in the outcome of a cla…
Must have suffered some injury or show a likelihood of immine…
P must allege that D caused the injury and that the court can…
Case or controversy must exist. Must satisfy:... 1. standing... 2.…
Standing
A party must have a concrete interest in the outcome of a cla…
Injury
Must have suffered some injury or show a likelihood of immine…
10 terms
Con Law
Contracts Clause
Takings Clause
"Taking" in Takings Clause
15th Amendment
Prohibits STATES (not fed) from substantially interfering wit…
A government may take PRIVATE property for just compensation.…
The government may take private property for public use for j…
Applies to STATE and FED. Prohibits denying voting on the bas…
Contracts Clause
Prohibits STATES (not fed) from substantially interfering wit…
Takings Clause
A government may take PRIVATE property for just compensation.…
66 terms
Con Law
McCulloch
Term Limits v. Thornton
Debs v. United States
Brandenburg v. Ohio
congress may charter a bank and the states may not tax the ba…
state cannot change the term limits for Congress without the…
free speech case. Presidential candidate convicted of incitem…
overrules Debs and holds a new law limiting incitement convic…
McCulloch
congress may charter a bank and the states may not tax the ba…
Term Limits v. Thornton
state cannot change the term limits for Congress without the…
Con Law
a. Separation of Powers - The balancin…
Natural Justice/Law - There are laws f…
a. Justiability - You need to ask thre…
a. The necessary and property clause i…
Balancing Of Powers
Protection of Economic Interests
Political Question/ Justiability/ Jurisdiction
Necessary and Proper Clause
a. Separation of Powers - The balancin…
Balancing Of Powers
Natural Justice/Law - There are laws f…
Protection of Economic Interests
30 terms
Con Law
Dormant Commerce Clause
Discrimination against out of state co…
Discrimination Necessary to Important…
Undue burden on interstate commerce
If Congress has not enacted legislation in a particular area…
A state or local regulation discriminates against out-of-stat…
If a state regulation is facially discriminatory, then the re…
In evaluating whether a state regulation unduly burdens inter…
Dormant Commerce Clause
If Congress has not enacted legislation in a particular area…
Discrimination against out of state co…
A state or local regulation discriminates against out-of-stat…
Con Law
Federalist 51 (Madison)
Federalist 78 (Hamilton)
Fed 78 Controls on judiciary:
Fed 78 Duty of the Court
Checks on government & protection of people against tyranny o…
Explain and Justify Judicial Review and Structure of Judiciar…
good behavior tenure and legislative review of judicial decis…
"The interpretation of the laws is the proper and peculiar pr…
Federalist 51 (Madison)
Checks on government & protection of people against tyranny o…
Federalist 78 (Hamilton)
Explain and Justify Judicial Review and Structure of Judiciar…
Con Law
Necessary & Proper Test
Clader v. Bull
Article III Section 2 [Supreme Court J…
Article III Section 1
1. Is the end legitimate? Is it within the scope of the Const…
Supreme Court has no power to declare a state law unconstitut…
Original Jurisdiction- Ambassadors, other public ministers &…
Establishes Supreme Court... Congress creates inferior courts... Pa…
Necessary & Proper Test
1. Is the end legitimate? Is it within the scope of the Const…
Clader v. Bull
Supreme Court has no power to declare a state law unconstitut…
92 terms
Con Law
Cooper v. Aaron
Marbury v. Madison
Gibbons v. Ogden
"In considering this question, then, w…
Article III
Reasoned that, "It is emphatically the province and duty of t…
Held that a New York statute granting to Robert Fulton and Ro…
Chief Justice Marshal, Marbury v. Madison... OR Justice Oliver W…
Cooper v. Aaron
Article III
Marbury v. Madison
Reasoned that, "It is emphatically the province and duty of t…
43 terms
Con law
Judicial power
Judicial review
Recusal
Rule of law
The original power of the courts to hear case and controversy…
A power created by the courts not constituionally given that…
When a judge removes himself from a case due to conflict of i…
The legal principle that law should govern a nation as oppose…
Judicial power
The original power of the courts to hear case and controversy…
Judicial review
A power created by the courts not constituionally given that…
CON LAW
Non-delegation textual hook
Non-delegation
intelligible principle
federalist 47 (Madision)
Art.I Sec.1 Vesting Clause
the principle that Congress cannot delegate its legislative p…
When Congress instructs agencies to regulate must give them a…
nondelegation
Non-delegation textual hook
Art.I Sec.1 Vesting Clause
Non-delegation
the principle that Congress cannot delegate its legislative p…
128 terms
Con Law
Justiciability
Case / Controversy
Case & Controversy--Declaratory Judgment
Standing
1. Case / Controversy... 2. Standing... 3. Ripeness & Mootness... 4. 1…
1. A federal court will not hear a case unless there is a rea…
1. Declaratory Judgment is permitted... 2. Declaratory Judgments…
1. Individual Standing... 2. 3rd Party Standing... 3. Organizationa…
Justiciability
1. Case / Controversy... 2. Standing... 3. Ripeness & Mootness... 4. 1…
Case / Controversy
1. A federal court will not hear a case unless there is a rea…
189 terms
Con Law
Judicial Review: Authority for Judicia…
Marbury v. Madison
Cohens v. Virginia
Limits on Judicial Review: Exceptions…
...
Facts. William Marbury (Marbury), an end-of-term appointee of…
Cohens v. Virginia... Facts. An act of Congress authorized the o…
...
Judicial Review: Authority for Judicia…
...
Marbury v. Madison
Facts. William Marbury (Marbury), an end-of-term appointee of…
Con Law
Marbury v. Madison
Martin v. Hunter's Lessee
Cohens v. Virginia
D.C. v. Heller
The SC may declare laws or actions unconstitutional and inval…
The parties held conflicting land grants from Britain and the…
The SC reaffirmed the constitutionality of §25 of the judicia…
A DC law prohibited the registration of handguns and was unco…
Marbury v. Madison
The SC may declare laws or actions unconstitutional and inval…
Martin v. Hunter's Lessee
The parties held conflicting land grants from Britain and the…
68 terms
Con Law
Standing
Standing Test
Flast Test
Advisory Opinion
Proper party to bring suit
1. injury... 2. caused by D ... 3. Remedy
Taxpayer Standing: ... 1. connection between TP and legislation…
Court not to give out advice when there is no case/controversy
Standing
Proper party to bring suit
Standing Test
1. injury... 2. caused by D ... 3. Remedy
Con Law
Fighting words
First Amendment Protection of Speech
Obscenity
Congress's...
Personally abusive epithets that, when addressed to an ordina…
Gov't can restrict so long as gov't can prove restriction is…
Description or depiction of sexual conduct that, taken as a w…
...power to investigate is limited to matters on which it can…
Fighting words
Personally abusive epithets that, when addressed to an ordina…
First Amendment Protection of Speech
Gov't can restrict so long as gov't can prove restriction is…
46 terms
Con Law
Escobedo v. Illinois
Brewer v. Williams
Rhode Island v. Innis
NY v. Quarles
Even a voluntary confession is inadmissible once 6th amendmen…
Confession is inadmissible because indirectly interrogated
MR only comes in when express questioning
Public safety is an exception to Miranda Rights
Escobedo v. Illinois
Even a voluntary confession is inadmissible once 6th amendmen…
Brewer v. Williams
Confession is inadmissible because indirectly interrogated
181 terms
Con Law
Standing
Associational Standing Doctrine
Mootness
Ripeness
RULE = Plaintiff must show a concrete and particular injury t…
an organization can bring a claim on behalf of one of its mem…
RULE = A real and live controversy must exist throughout the…
RULE = An existing dispute that threatens immediate and subst…
Standing
RULE = Plaintiff must show a concrete and particular injury t…
Associational Standing Doctrine
an organization can bring a claim on behalf of one of its mem…
Con Law
Supreme Law of the land (6 types)
If there is a conflict between 2 or mo…
10 pigeonholes of jurisdiction
Justiciability
constitution,... federal statutes, ... treaties,... supreme court ruli…
constitution rules always, otherwise the most recent ruling g…
cases under constitution,... cases under laws of US,... cases under…
there must be a true controversy or it shall be left to the o…
Supreme Law of the land (6 types)
constitution,... federal statutes, ... treaties,... supreme court ruli…
If there is a conflict between 2 or mo…
constitution rules always, otherwise the most recent ruling g…
Con law
What is jurisprudence?
Congress has delegated powers (by the…
What clause dealt with "political ques…
What is article VI section 2?
Methodology/strategy that illustrates an objective approach t…
Congress may only do things expressly stated in the Constitut…
Article IV Section 4 - "Republican form of government" - Dorr…
Supremacy clause ... 1) state statute in conflict with federal s…
What is jurisprudence?
Methodology/strategy that illustrates an objective approach t…
Congress has delegated powers (by the…
Congress may only do things expressly stated in the Constitut…
114 terms
Con Law
Judicial Power: Source, Scope, and Lim…
11th Amendment & State Sovereign Immun…
If cannot sue state, whom can you sue?
Jdx of S.C.
Source: Article III... Scope: Jdx of federal courts is limited t…
You cannot sue a state for money damages in either the state'…
State officer. ... Injunctive Relief: By enjoining appropriate…
- Original: Case may be filed first in S.C., usually ... contro…
Judicial Power: Source, Scope, and Lim…
Source: Article III... Scope: Jdx of federal courts is limited t…
11th Amendment & State Sovereign Immun…
You cannot sue a state for money damages in either the state'…
Con Law
NFIB v. Sebelius
Judicial Review
Time Table Act
Texas files suit in federal court agai…
1. Not ripe Bush v. Gore ... 2. Strange alignment (Roberts switc…
1. Judicial review is the SCOTUS' authority to determine when…
1. Not justiciable ... 2. PQ ... a. Head of his political party ... b.…
In general, federal government is the voice on matters of imm…
NFIB v. Sebelius
1. Not ripe Bush v. Gore ... 2. Strange alignment (Roberts switc…
Judicial Review
1. Judicial review is the SCOTUS' authority to determine when…
con. law
The definition of law
Consensus Theory
Conflict Theory
stare decisis
is a body of rules of conduct of binding legal force and effe…
The consensus theory focuses on the social order being sustai…
The conflict theory pays attention to the various conflict fo…
means let the decision stand. This policy requires the Courts…
The definition of law
is a body of rules of conduct of binding legal force and effe…
Consensus Theory
The consensus theory focuses on the social order being sustai…
Con Law
#1 Marbury v. Madison 1803
#2 Baker v. Carr
#3 Nixon v. United States
#4 McCulloch v. Maryland
Rule of Law: The SC of the US has the authority to review law…
Rule of Law:... A challenge to malapportionment of state legisla…
Rule of Law:... The constitutionality of Senate impeachment proc…
Rule: The constitution specifically delegates to congress the…
#1 Marbury v. Madison 1803
Rule of Law: The SC of the US has the authority to review law…
#2 Baker v. Carr
Rule of Law:... A challenge to malapportionment of state legisla…
17 terms
Con Law
Limitation: Judicial Power
Supreme court jurisdiction
Adequate and Independent State Grounds
Standing
You cannot sue a state for money damages in either state or f…
Original Jurisdiction... Appellate Jxn... 1. certiorari (discretio…
Standard of when SC can review state court judgment: ... Rule: S…
1. Injury... 2. Causation... 3. Redressability
Limitation: Judicial Power
You cannot sue a state for money damages in either state or f…
Supreme court jurisdiction
Original Jurisdiction... Appellate Jxn... 1. certiorari (discretio…
Con Law
For an action by the federal govt. to…
What powers does a State hold?
Congressional powers?
Doctrine of implied powers?
Fall within one of the powers specifically enumerated within…
General Police Power-- power to protect, safety or general we…
Coin money, collect taxes, defend our country, borrow money,…
Although the fed govt. may act only where it is affirmatively…
For an action by the federal govt. to…
Fall within one of the powers specifically enumerated within…
What powers does a State hold?
General Police Power-- power to protect, safety or general we…
17 terms
Con Law
Marbury v. Madison
Martin v. Hunter's Lessee
Article III: SCOTUS' Original Jurisdic…
Ex Parte McCardle
Creates the authority for judicial review. ... Article III Sec.…
Court can review the constitutionality of a decision by a sta…
Ambassadors... Ministers ... Consuls... Cases in which a state is a pa…
Habeas Corpus Cases... Congress has the power to limit the juris…
Marbury v. Madison
Creates the authority for judicial review. ... Article III Sec.…
Martin v. Hunter's Lessee
Court can review the constitutionality of a decision by a sta…
CON LAW
What is Judicial Review ?
What is the Authority for Judicial Rev…
Marbary v madison Justice John marshall
What are the Requirement for cases and…
The power of the Judiciary to Examine and invalidate actions…
1. Creates the authority for judicial review of legislative a…
The court had the power to review, uphold, and strike down ex…
Justiciability Doctrines (all must be met at any level to hea…
What is Judicial Review ?
The power of the Judiciary to Examine and invalidate actions…
What is the Authority for Judicial Rev…
1. Creates the authority for judicial review of legislative a…
Con Law
Political Question
Judicial Review
Original Jurisdiction
Writ of Mandamus
a textually demonstrable constitutional commitment of the iss…
authority of the courts to review decisions, action, or omiss…
the power of a court to hear an action upon its commencement…
a court order issued commanding a public or private entity, o…
Political Question
a textually demonstrable constitutional commitment of the iss…
Judicial Review
authority of the courts to review decisions, action, or omiss…
25 terms
Con Law
Strict Scrutiny
Suspect classes
Fundamental rights
Fundamental rights CAMPER
Protected 1A, Suspect classes, Fundamental rights
race alienage national origin
privacy vote travel camper
contraception abortion marriage procreation education priv re…
Strict Scrutiny
Protected 1A, Suspect classes, Fundamental rights
Suspect classes
race alienage national origin
95 terms
Con Law
Standing
Standing - Case or Controversy
Standing - Ripeness
Standing - Mootness Doctrine
Before a federal court will exercise jurisdiction, a plaintif…
To establish standing, there must be an actual "case or contr…
A court will not hear a case unless the parties have an actua…
Under the Mootness Doctrine, a court will not hear a case if…
Standing
Before a federal court will exercise jurisdiction, a plaintif…
Standing - Case or Controversy
To establish standing, there must be an actual "case or contr…
Con Law
Judiciary Branch
Marbury v. Madison
Martin v. Hunter' s Lessee
Cohen v. Virginia
-Article III... -Weakest Branch (doesn't have power of purse or…
-Establishes overview of exec. & leg. power... - Gives the Autho…
- Fed. Cts have power to review state courts... -Ct rejected cla…
Sup. Ct. could hear crim. appeals from state cts. if D's alle…
Judiciary Branch
-Article III... -Weakest Branch (doesn't have power of purse or…
Marbury v. Madison
-Establishes overview of exec. & leg. power... - Gives the Autho…
26 terms
Con Law
Color of the Law
Olmstead v United States (background)
Olmstead V United States (Question)
Olmstead V United States (Ruling)
act "under color of state law" means to act beyond the bounds…
Roy Olmstead was a suspected bootlegger. Without judicial app…
Did the use of evidence disclosed in wiretapped private telep…
No. The Court held that neither the Fourth nor Fifth Amendmen…
Color of the Law
act "under color of state law" means to act beyond the bounds…
Olmstead v United States (background)
Roy Olmstead was a suspected bootlegger. Without judicial app…
149 terms
ConLaw
Frist Amendment
First question to ask when attacking e…
Content based
Content Neutral
Congress shall make no law abridging the freedom of speech, o…
is the governments action content based or content neutral
discriminates on the basis of what the speaker is saying. Thi…
not discriminating on the basis of what is being said, but ra…
Frist Amendment
Congress shall make no law abridging the freedom of speech, o…
First question to ask when attacking e…
is the governments action content based or content neutral
con law
Commerce clause
Commerce Clause- Initial era
Commerce Clause -1890s-1937
Commerce Clause -1937 - 1990's
Article I, § 8, para. 3 states that Congress shall have the p…
Broadly defined, minimally used
Narrowly defined, used 10th amendment as limit
Expansively defined, refused 10th as limit
Commerce clause
Article I, § 8, para. 3 states that Congress shall have the p…
Commerce Clause- Initial era
Broadly defined, minimally used
47 terms
ConLaw
What limits are imposed by 11th amendm…
When does Supreme Court not have jx ov…
What is required for standing?
What does a tax payer have standing?
Cannot sue state for money damages in federal or state's own…
If the state court's decision rests on adequate and independe…
--Injury in fact (concrete and particularized)- if future inj…
To litigate own tax bill or to challenge gov't expenditures t…
What limits are imposed by 11th amendm…
Cannot sue state for money damages in federal or state's own…
When does Supreme Court not have jx ov…
If the state court's decision rests on adequate and independe…
75 terms
Con Law Final
What is an example of a tort remedy?
Damages that make up for the harm caus…
A practical joker shuts and locks a fe…
A contract is ______________.
Money $$$
Compensatory
committed the tort of false imprisonment
an agreement to exchange things of value
What is an example of a tort remedy?
Money $$$
Damages that make up for the harm caus…
Compensatory
Con Law
Name the two types of powers held by C…
When was the Constitution ratified?
What is Congress responsible for?
What is the Executive branch responsib…
Enumerated and Implied Powers
1791
Making laws
Enforcing laws
Name the two types of powers held by C…
Enumerated and Implied Powers
When was the Constitution ratified?
1791
con law
Ex Post Facto Laws
1A Establishment Clause Issue analysis
1A Free Exercise Clause issue
Article III, Section 2 ... Marbury v. Mad…
Article I, Section 10... - Distinction between criminal rights a…
1. Lemon Test... - Reflect a clearly secular purpose... - Primary…
- Religious practice is not a defense to a criminal indictmen…
- Supremacy Clause: Federal Constitution is the supreme law o…
Ex Post Facto Laws
Article I, Section 10... - Distinction between criminal rights a…
1A Establishment Clause Issue analysis
1. Lemon Test... - Reflect a clearly secular purpose... - Primary…
15 terms
Con Law
When was the constitution written and…
what were the deficiencies of the AOC…
what were the issues that split the co…
what are separated powers? How does th…
written in in 1781 and ratifies in 1788
The central government had no power to tax the states and no…
should the slaves be considered a person
the three branches of government. The constitution created th…
When was the constitution written and…
written in in 1781 and ratifies in 1788
what were the deficiencies of the AOC…
The central government had no power to tax the states and no…
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