Study sets matching "constitutional law"

Study sets
Classes
Users

Study sets matching "constitutional law"

29 terms
Constitutional Law
Incitement
Obscenity
Defamation
Libel
To encourage a crowd to commit violence
Vulgar, lewd or pornographic material
to lie about someone and injure their reputation
Written defamation
Incitement
To encourage a crowd to commit violence
Obscenity
Vulgar, lewd or pornographic material
Constitutional Law
McCulloch v. Maryland (1819)... The fede…
Scott v. Sandford (1857)... Blacks are i…
Hammer v. Dagenhart (1918)... FCLA viola…
U.S. v. Darby Lumber (1941)... Hammer v.…
1st National Bank is opposed by the State of ______ and she a…
A slave is brought to a non-slave state and his owner dies. H…
The Federal Child Labor Act of 1915 prohibits the employment…
The owner of a lumber mill cites Hammer v. Dagenhart to chall…
McCulloch v. Maryland (1819)... The fede…
1st National Bank is opposed by the State of ______ and she a…
Scott v. Sandford (1857)... Blacks are i…
A slave is brought to a non-slave state and his owner dies. H…
707 terms
Constitutional Law
Standing
Elements of Standing
Injury (standing)
Causation/redressability (standing)
Is plaintiff the proper party to bring matter to court for ad…
1. Injury... 2. Causation/redressability... 3. No third party stand…
Plaintiff must allege and prove that he has been injured or i…
Plaintiff must allege and prove that defendant caused injury…
Standing
Is plaintiff the proper party to bring matter to court for ad…
Elements of Standing
1. Injury... 2. Causation/redressability... 3. No third party stand…
61 terms
Constitutional Law
4 Justiciability Doctrines
4 Components of Standing
Exceptions to Mootness
Nonjusticiable Political Questions
1. Standing... 2. Ripeness... 3. Mootness... 4. Political Question
1. Injury: personal and likelihood of future harm for injunct…
(i) wrong capable of repetition but escaping review, (ii) vol…
(a) republican form of government clause, (b) challenges to P…
4 Justiciability Doctrines
1. Standing... 2. Ripeness... 3. Mootness... 4. Political Question
4 Components of Standing
1. Injury: personal and likelihood of future harm for injunct…
707 terms
Constitutional Law
Standing
Elements of Standing
Injury (standing)
Causation/redressability (standing)
Is plaintiff the proper party to bring matter to court for ad…
1. Injury... 2. Causation/redressability... 3. No third party stand…
Plaintiff must allege and prove that he has been injured or i…
Plaintiff must allege and prove that defendant caused injury…
Standing
Is plaintiff the proper party to bring matter to court for ad…
Elements of Standing
1. Injury... 2. Causation/redressability... 3. No third party stand…
101 terms
Constitutional Law
Process of Political Injury
Plagiarism
Critical Thinking
Thesis Sentence
Describes how some political Phenomena relate functionally to…
Intentional or Unintentional use of someone else's Ideas, phr…
Define problems, examine evidence, and analyze the assumption…
sums up main ideas, asserts something about the topic, convey…
Process of Political Injury
Describes how some political Phenomena relate functionally to…
Plagiarism
Intentional or Unintentional use of someone else's Ideas, phr…
34 terms
Constitutional Law
Marbury v. Madison, 1803
Cooper v. Aaron, 1958
Martin v. Hunter's Lessee, 1816
Hans v. Louisiana, 1890
JUDICIAL REVIEW POWER... establishes judicial review and the pow…
JUDICIAL REVIEW POWER... Upheld the BROWN decision. Federal cour…
REVIEW OF STATE COURT JUDGMENTS... Conflicting claims over land…
Hans sued the state in federal court saying that Louisiana vi…
Marbury v. Madison, 1803
JUDICIAL REVIEW POWER... establishes judicial review and the pow…
Cooper v. Aaron, 1958
JUDICIAL REVIEW POWER... Upheld the BROWN decision. Federal cour…
98 terms
Constitutional Law
1st Amendment
2nd Amendment
3rd Amendment
4th Amendment
Freedom of religion, speech, press, peaceful assembly, petiti…
Right of people to bear arms
Quartering soldiers
Protection against unreasonable search and seizures, warrants…
1st Amendment
Freedom of religion, speech, press, peaceful assembly, petiti…
2nd Amendment
Right of people to bear arms
60 terms
Constitutional Law
Constitutional Law
1) Sources of constitutional law... Cons…
Case law
Customs
The branch of law that regulates the state itself is called c…
In most states, the most important of these constitutional ru…
Case law may be constitutionally relevant where courts lay do…
In some constitutional monarchies, such as the United Kingdom…
Constitutional Law
The branch of law that regulates the state itself is called c…
1) Sources of constitutional law... Cons…
In most states, the most important of these constitutional ru…
707 terms
Constitutional Law
Standing
Elements of Standing
Injury (standing)
Causation/redressability (standing)
Is plaintiff the proper party to bring matter to court for ad…
1. Injury... 2. Causation/redressability... 3. No third party stand…
Plaintiff must allege and prove that he has been injured or i…
Plaintiff must allege and prove that defendant caused injury…
Standing
Is plaintiff the proper party to bring matter to court for ad…
Elements of Standing
1. Injury... 2. Causation/redressability... 3. No third party stand…
15 terms
Constitutional Law
Constitution
Congressional Power
Article 1
Executive Power
Drafted in 1787
Article one establishes congress with two houses... Each state h…
gives congress power
Article 2 defines the power and responsibilities of the presi…
Constitution
Drafted in 1787
Congressional Power
Article one establishes congress with two houses... Each state h…
26 terms
Constitutional Law
Constitutional Law
Takings Clause
Fundamental Rights (strict scrutinty)
Obscenity Test
Is no basis alone for a dense at a criminal proceeding.
If the government takes your property and there is a ... (1) de…
CARP SPERM (Contraception, Abortion, Right to Privacy, Procre…
(PIPS) Prurient Interests. Patently Offensive, Serious Lack o…
Constitutional Law
Is no basis alone for a dense at a criminal proceeding.
Takings Clause
If the government takes your property and there is a ... (1) de…
Constitutional law
Edinburgh & Dalkeith Railway v Wauchop…
Constitutionalism
Legal constitutionalism
Political constitutionalism
The "enrolled bill rule"... No court may hold an Act of Parliame…
The doctrine stating that governments should be limited it it…
1) Approach to constitutionalism:... The courts have the main ro…
2) Approach to constitutionalism:... The political process contr…
Edinburgh & Dalkeith Railway v Wauchop…
The "enrolled bill rule"... No court may hold an Act of Parliame…
Constitutionalism
The doctrine stating that governments should be limited it it…
26 terms
Constitutional law
Commerce Clause
Necessary and Proper Clause
Supremacy Clause
10th Amendment
Congress can reg commerce with foreign nations and among the…
Congress may make all laws which shall be necessary and prope…
The constitution and the laws of the US shall be the supreme…
Powers not delegated to the fed gov are reserved to the state…
Commerce Clause
Congress can reg commerce with foreign nations and among the…
Necessary and Proper Clause
Congress may make all laws which shall be necessary and prope…
125 terms
CONSTITUTIONAL LAW
RIGHT TO PRIVACY - SUBJECTS
GOV'T REGULATION w/r/t ABORTION
UNDUE BURDENS w/r/t ABORTION
GOV'T REGULATION w/r/t COMMERCIAL SPEECH
CAMPERS... Contraception... Abortion... Marriage (including same-sex…
Pre-viability: A state may regulate abortion as long as no UN…
NOT undue burdens (remember: pre-viability): ... Required disclo…
Commercial speech is absolutely NOT PROTECTED if:... 1) It conce…
RIGHT TO PRIVACY - SUBJECTS
CAMPERS... Contraception... Abortion... Marriage (including same-sex…
GOV'T REGULATION w/r/t ABORTION
Pre-viability: A state may regulate abortion as long as no UN…
Constitutional Law
FEDERAL JUDICIAL POWER... JUSTICIABILITY…
ABSTENTION
STANDING
Associational standing:
For a case to be justiciable, meaning a case or controversy m…
fed can't enjoin pending st. ct proceeding.
Req'ts (Pickled Doughnuts Cause Reflux) ... 1) Personal & Direct…
IS GOP Not Participating.... -indivs have standing; ... -germane to…
FEDERAL JUDICIAL POWER... JUSTICIABILITY…
For a case to be justiciable, meaning a case or controversy m…
ABSTENTION
fed can't enjoin pending st. ct proceeding.
116 terms
Constitutional Law
Constitution
Canadian constitution
1982 Constitution Act
4 Constitutions Prior to 1867
Foundational principals that together describe the organizati…
1867, Derived from Westminster,... mix of unwritten and written,…
includes all original constitutional laws, increased the diff…
1. Royal Proclamation of 1773 - surrender of France... 2. Quebec…
Constitution
Foundational principals that together describe the organizati…
Canadian constitution
1867, Derived from Westminster,... mix of unwritten and written,…
constitutional law
Thomas Hobbes
John Locke
Socrates
Jean Jaque Rossoue
believed in social contract tgeory that appointes a king as s…
viewed government as a method of settling disputes among people
feared democracy (anarchy of the masses)
referred to the gov't as the organism
Thomas Hobbes
believed in social contract tgeory that appointes a king as s…
John Locke
viewed government as a method of settling disputes among people
66 terms
Constitutional Law
Judicial Powers [Procedural/"Threshold…
Judicial - Procedural/Threshold - Stan…
Judicial - Procedural/Threshold - Stan…
Judicial - Procedural/Threshold- Stand…
1. Ripeness... 2. Abstention & Adequate/Independent State Ground…
General rule: To have standing, a plaintiff must have a perso…
1. The plaintiff must have actually been or will imminently b…
1. The plaintiff must demonstrate the gov't caused the injury…
Judicial Powers [Procedural/"Threshold…
1. Ripeness... 2. Abstention & Adequate/Independent State Ground…
Judicial - Procedural/Threshold - Stan…
General rule: To have standing, a plaintiff must have a perso…
137 terms
Constitutional Law
Declaration of Independence
What year were the Articles of Confede…
Seminal case for Judicial Review
Holding of Marbury v. Madison
justification for breaking the law under the circumstances of…
1777
Marbury v. Madison
The Supreme Court of the United States has the power, implied…
Declaration of Independence
justification for breaking the law under the circumstances of…
What year were the Articles of Confede…
1777
88 terms
Constitutional law
Justiciable
Case or controversy
Standing
Redressability
1. case or controversy, causality, redressability... 2. standing…
(1) interpretation of Constitution, federal laws, treaties an…
P has standing if can demonstrate concrete stake in outcome o…
Decision is capable of eliminating grievances
Justiciable
1. case or controversy, causality, redressability... 2. standing…
Case or controversy
(1) interpretation of Constitution, federal laws, treaties an…
101 terms
Constitutional Law
What are the Justiciability Doctrines?
What are the criteria to avoid being a…
What are the constitutional standing r…
What are the prudential standing requi…
1. Prohibition against advisory opinions... 2. Standing... 3. Ripen…
1. Must be actual dispute between adverse litigants.... 2. Ther…
1. Injury: Plaintiff must allege that she has suffered or imm…
1. Prohibition on Third-Party Standing: A party generally may…
What are the Justiciability Doctrines?
1. Prohibition against advisory opinions... 2. Standing... 3. Ripen…
What are the criteria to avoid being a…
1. Must be actual dispute between adverse litigants.... 2. Ther…
50 terms
Constitutional Law
city took warf without just compensation
dump in Miss. monopolize slaughterhous…
killed wife lover denied due process
moved away from fundamental principles…
Barron v Baltimore
Slaughterhouse v New Orleans
Hurtado v Cal.
Twining v NJ
city took warf without just compensation
Barron v Baltimore
dump in Miss. monopolize slaughterhous…
Slaughterhouse v New Orleans
43 terms
Constitutional Law
Sherbert v. Verner
Employment Division v. Smith
Eperson v. Arkansas
Goldmen v. Weinburger
Was forced to choose between religion and benefits and this w…
The Supreme Court said that the free exercise clause neither…
A statute that forbade evolution from being taught was uncons…
Established that a different standard of judicial review is u…
Sherbert v. Verner
Was forced to choose between religion and benefits and this w…
Employment Division v. Smith
The Supreme Court said that the free exercise clause neither…
49 terms
Constitutional Law
Marbury v. Madison
Ex parte McCardle
Muskrat v. United States
Baker v. Carr
Facts: President Jefferson's Secretary of State, Madison (D),…
Facts: McCardle (P) appealed from a denial of habeas corpus t…
Facts: Congress authorized an Indian tribe to bring suit to t…
Facts: The State of Tennessee failed to enact any reapportion…
Marbury v. Madison
Facts: President Jefferson's Secretary of State, Madison (D),…
Ex parte McCardle
Facts: McCardle (P) appealed from a denial of habeas corpus t…
15 terms
Constitutional Law: Detention and Arrest
4th Amendment
4th Amendment applies to
Two Classes of Seizures
Legal Threshold for detaining a person
Provides protection against unreasonable searches and seizures.
Persons, Papers, Houses and Effects
Investigatory Stop and Arrest
Reasonable Articulable Suspicion
4th Amendment
Provides protection against unreasonable searches and seizures.
4th Amendment applies to
Persons, Papers, Houses and Effects
Constitutional Law
Requirement for cases and controversies?
What is standing?
Standing requirements?
Injury?... *Standing
(1) Standing... (2) Ripeness... (3) Not moot... (4) Not political ques…
Issue of whether P is the proper party to bring a matter to t…
(1) Injury... (2) Causation and redressability... (3) No third part…
P must allege and prove that he/she has been injured or immin…
Requirement for cases and controversies?
(1) Standing... (2) Ripeness... (3) Not moot... (4) Not political ques…
What is standing?
Issue of whether P is the proper party to bring a matter to t…
27 terms
Constitutional Law
standing
commerce power
13th Amendment
14th Amendment
injury, causation, redressability
held by Congress over channels, instrumentalities, and any ac…
Congress can legislate against public or private racial discr…
Gives Congress the power to remedy violations of individual r…
standing
injury, causation, redressability
commerce power
held by Congress over channels, instrumentalities, and any ac…
Constitutional Law
Abington v. Schempp
Engel v. Vitale
Lee v. Weisman
Van Oren v. Perry
Reading of the Lord's Prayer and verses from the Bible in Pub…
Prayer, recited by public school children each morning, writt…
Invitation of clergy to give invocations and benedictions at…
Park in Texas state capital with 17 monuments and 21 historic…
Abington v. Schempp
Reading of the Lord's Prayer and verses from the Bible in Pub…
Engel v. Vitale
Prayer, recited by public school children each morning, writt…
218 terms
Constitutional Law
What must one show to statisfy the "ca…
What must be satisfied to establish "S…
What are the exceptions to "No 3rd Par…
Under what conditions may an organizat…
1. Standing... 2. Ripeness... 3. Mootness... 4. Political Question Doc…
A. Injury: has been personally injured (could be econ but don…
i. Close Relationship (e.g., MD-patient, parent-child)... ii. In…
a. Members would have standing to sue... b. The interests at sta…
What must one show to statisfy the "ca…
1. Standing... 2. Ripeness... 3. Mootness... 4. Political Question Doc…
What must be satisfied to establish "S…
A. Injury: has been personally injured (could be econ but don…
Constitutional Law
Direct Democracy
Representative Democracy
Deliberative Democracy
Tyrannical Majorities
- closest approximation to genuine democracy... -characterised:…
- generally identified with liberal democracy, 'liberal' refe…
- Deliberation is developed to enhance articulation of people…
- tyrannical majorities have the power to block the rules and…
Direct Democracy
- closest approximation to genuine democracy... -characterised:…
Representative Democracy
- generally identified with liberal democracy, 'liberal' refe…
50 terms
Constitutional Law
When was the Civil Rights Statue Enacted
1983 Actions
5 Reasons for Loss of Cases
Results for not following constitution…
1871
If you violate someone's constitutional rights under color of…
1. The defendant had a duty.... 2. The defendant breached the du…
1 Loss of cases... 2 Civil rights actions... 3 Vicarious liability…
When was the Civil Rights Statue Enacted
1871
1983 Actions
If you violate someone's constitutional rights under color of…
60 terms
Constitutional Law- Chapter 1
Constitution
Law
Pluralism
Melting Pot
a system of basic laws and principles that established the na…
a body of rules promulgated (established) to support the norm…
a society in which numerous distinct ethnic, religious or cul…
several different nationalities combined into the American Co…
Constitution
a system of basic laws and principles that established the na…
Law
a body of rules promulgated (established) to support the norm…
36 terms
Constitutional Law
Government/Sovereign Immunity
Case or Controversy
Mootness
Ripeness
- Protects both federal and state governments from suit witho…
- A real and substantial dispute that touches the legal relat…
- Requires dismissal of a case when its controversy or matter…
- Bars consideration of claims before they have fully develop…
Government/Sovereign Immunity
- Protects both federal and state governments from suit witho…
Case or Controversy
- A real and substantial dispute that touches the legal relat…
22 terms
Constitutional Law
First Amendment
Second Amendment
Third Amendment
Fourth Amendment
Ensures freedom of: speech, religion, press, peaceful assembl…
Ensures right to keep and bear arms.
Forbids the forcible housing of military personnel in a citiz…
Protects citizens against unreasonable searches and seizures…
First Amendment
Ensures freedom of: speech, religion, press, peaceful assembl…
Second Amendment
Ensures right to keep and bear arms.
54 terms
Constitutional Law
Justiciability: individual standing
Justiciability: third party standing
Justiciability: organizational standing
Justiciability: ripeness
An individual plaintiff must show three components:... (1) [Inju…
A plaintiff may assert the constitutional rights of others if…
1. An organization has individual standing to challenge gover…
To be justiciable in federal court, a case must contain a rip…
Justiciability: individual standing
An individual plaintiff must show three components:... (1) [Inju…
Justiciability: third party standing
A plaintiff may assert the constitutional rights of others if…
20 terms
Constitutional Law
Establishment Clause
Free Exercise Clause
Balancing Test
Three Part Test
The government is forbidden to set up a religion. Also prohib…
Individuals have the right to practice (worship/believe) in a…
The court balanced the individual's interest in free expressi…
Used when considering the establishment clause
Establishment Clause
The government is forbidden to set up a religion. Also prohib…
Free Exercise Clause
Individuals have the right to practice (worship/believe) in a…
18 terms
constitutional law
miller v california
new york times v sullivan
schneck v us
dennis v us
obscenities
malice and reckless disregard for the truth in politics
clear and present danger test
balancing test
miller v california
obscenities
new york times v sullivan
malice and reckless disregard for the truth in politics
Constitutional Law
What are the requisites for a judgment…
What requirements must be met before a…
What is the general rule regarding a s…
What test do the courts apply when det…
1. The court that rendered the judgment must have had jdxn ov…
1. The instrumentality must have a taxable situs within or su…
States may tax interstate commerce only if: (1) Congress has…
Complete Auto Test (4 parts)... 1. Substantial Nexus... 2. Fair app…
What are the requisites for a judgment…
1. The court that rendered the judgment must have had jdxn ov…
What requirements must be met before a…
1. The instrumentality must have a taxable situs within or su…
70 terms
Constitutional Law
1st amendment
4th amendment
5th amendment
6th amendment
Congress shall make no law limiting: Religion, Press, Speech,…
Amendment that protects against unreasonable search and seizu…
Criminal Proceedings; Due Process; Eminent Domain; Double Jeo…
Criminal Proceedings; Must inform defendant of charge/s; Righ…
1st amendment
Congress shall make no law limiting: Religion, Press, Speech,…
4th amendment
Amendment that protects against unreasonable search and seizu…
46 terms
Constitutional Law
Federal Form of Government
Police Powers
Privilege and immunities clause
Full faith and credit clause
As part of inherent sovereignty state governments have the au…
Give state governments broad rights to regulate private activ…
prevents a state from imposing unreasonable burdens on citize…
applies only to civil matters/ensures that rights established…
Federal Form of Government
As part of inherent sovereignty state governments have the au…
Police Powers
Give state governments broad rights to regulate private activ…
11 terms
Constitutional law
First amendment right
Hate speech
Slandar
Defamation
Freedom of religion, speech, press, and peaceably assemble
Bigoted speech attacking or disparaging on ethnic or social g…
Defamation that is spoken
A false expression about a person that damages that person's…
First amendment right
Freedom of religion, speech, press, and peaceably assemble
Hate speech
Bigoted speech attacking or disparaging on ethnic or social g…
24 terms
Constitutional Law
Where does the scope of judicial power…
What does the 11th Amendment immunity?…
11th Amend. - what if the suit is for…
Can you sue a state officer?... What are…
Article III lists cases within the judicial power of the US -…
State Sovereign immunity ... applies when one sues a State for…
Then Congress may override state 11th Amendment... Congress can…
Thus, you may sue state officers; can get injunctive relief b…
Where does the scope of judicial power…
Article III lists cases within the judicial power of the US -…
What does the 11th Amendment immunity?…
State Sovereign immunity ... applies when one sues a State for…
15 terms
Constitutional Law
Supremacy Clause(Article VI, Clause 2)
Article VI, Clause 2
Substantive Due Process
Substantive Due Process
Establishes that the Constitution, federal laws made pursuant…
Supremacy Clause of the Constitution that establishes the Con…
A term in Constitutional Law which means the right to be free…
Is the doctrine in Constitutional Law holding that the 5th an…
Supremacy Clause(Article VI, Clause 2)
Establishes that the Constitution, federal laws made pursuant…
Article VI, Clause 2
Supremacy Clause of the Constitution that establishes the Con…
18 terms
Constitutional Law
State Action
Free Exercise Clause
Public Forum
Commerce Clause
The First Amendment protects an individual's freedom of speec…
The Free Exercise Clause prohibits the government from interf…
A public forum is one that has traditionally been available t…
The commerce clause grants the federal government authority t…
State Action
The First Amendment protects an individual's freedom of speec…
Free Exercise Clause
The Free Exercise Clause prohibits the government from interf…
Constitutional Law
Civil law
Due process
Writ of certiorari
Habeas corpus
the system of law concerned with private relations between me…
fair treatment through the normal judicial system, especially…
name given to certain appellate proceedings for re-examinatio…
a writ that is used to bring a party who has been criminally…
Civil law
the system of law concerned with private relations between me…
Due process
fair treatment through the normal judicial system, especially…
Constitutional Law
US Constitution
Supremacy Clause
Separation of Power
Article 1
Foundation of our legal system
Article VI, section 2; Constitution, federal statues are the…
Each branch of government has some specific power to enforce
Legislative- Congress
US Constitution
Foundation of our legal system
Supremacy Clause
Article VI, section 2; Constitution, federal statues are the…
Constitutional Law
Equal Protection Law
14
Article 1
Senate and house of representatives
What says you must treat similarly situated people the same?
In what amendment is the Equal Protection Clause?
Created legislative branch and gave legislative branch power.
Congress consists of what two things?
Equal Protection Law
What says you must treat similarly situated people the same?
14
In what amendment is the Equal Protection Clause?
245 terms
Constitutional Law
Separation of powers doctrine
Purpose of separation of powers
Scenarios for separation of powers pro…
Article II
a. Mandate that there is a division of functions among the br…
a. To avoid consolidation of power in any one branch
a. Is someone doing the wrong job (i.e., President making the…
a. Creates the executive branch of the federal government. ... b…
Separation of powers doctrine
a. Mandate that there is a division of functions among the br…
Purpose of separation of powers
a. To avoid consolidation of power in any one branch
21 terms
ConstitutionalLAW
Laws
Human Rights
Universal Declaration of Human Rights
Balancing rights with responsibilities
_____ reflect our societys values... -protect basic human rights…
rights all people have simply because they are human beings
promotes freedoms of religion,political,education,economic we…
Just because its legal doesnt make it right, everyone has jur…
Laws
_____ reflect our societys values... -protect basic human rights…
Human Rights
rights all people have simply because they are human beings
1 of 10