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Constitutional Law - Coggle Diagram

- - - - Is this a sect preference?
        
        If yes strict scrutiny (ESSAY ANSWER INCLUDE)
        
        If no, Lemon Test
        
        Statute must have a secular legislative purpose
        
        main effect must not advance/inhibit religion and
        
        Mustn't foster excessive gov entanglement with religion
        
        General Rules For Lemon Test
        
        Religious activities at public schools violate est clause
        
        gov aid to religious schools is unconstitutional unless giving aid to all schools, then it passes
        
        holiday displays on gov property are
        admissible if they don't favor one religion
    - - Religious beliefs are absolutely protected
      - gov can't deny benefits, burden, punish based on religious belief
  - - - Conduct regulations which incidentally restricts speech, must further an important/substantial gov interest unrelated to the speech, and restriction must be no greater than essential for that interest
      - Government as speaker, may discrim
      - Unprotected speech
        
        advocates violence/breaking law
        
        directed towards causing it imminently
        
        likely to make it happen
        
        Fighting Words
        
        Genuine likelihood of imminent violence
        
        not just annoying/offensive
        
        Hostile Audience Speech
        
        elicits an immediate violence response
        against the speaker by an audience
        
        Obscene Speech
        
        1.Average person applying contemporary community standards would find that the work, as a whole, is overly sexual
        
        2.The work shows/tells sex conduct specifically defined by state law in a patently offensive way, and
        
        3.the work as a whole lacks serious literary, artistic, political, or scientific value
        
        Defamatory Speech
        
        Constitutional Restrictions when the plaintiff is a public official/figure, or for matters of public concern
        
        Plaintiff must then prove malice, aka knowledge that statement was false/recklessly disregarded the truth
      - Commercial Speech
        
        Highly protected unless false/deceptive/unlawful.
        Gov can regulate only if the regulation:
        
        Directly advances a substantial gov interest, and is only as extensive as need be to serve that interest
      - Sexual Speech
        
        Reg must serve a substantial gov interest, and leave open reasonable alternative channels of communication
      - Regulations of time, place, and manner
        are allowed under strict scrutiny, must be:
        
        Content-neutral, both for subject and viewpoint
        
        Narrowly tailored to serve significant gov interests
        
        leaves alternative channels open
- - - - Marbury v Madison, interpret the law
      - Article 3 establishes
    - - Must be a case or controversy
      - Mootness (must not already be resolved)
      - Ripeness (Claim must have fully developed
      - Abstention (May abstain if there are undecided State law issues)
      - Standing, needs
        
        injury-in-fact
        
        causation
        
        redressability
  - - - legislative
      - commerce clause, power to regulate
        
        channels of interstate commerce, highways, waterways, traffic
        
        instruments of interstate commerce: cars, ships, trains, planes
        
        activities w/ a "substantial effect" on interstate commerce
        
        Substantially Effects Test, must show:
        
        Activity is economic in nature, and
        
        Taken as a whole, the regulated activity
        has a substantial effect on commerce
      - taxing, valid if:
        
        raises revenue (objective standard) or
        was intended to raise revenue (subjective)
        
        Congress must have power to regulate the activity taxed
        
        States taxing interstate commerce and:
        
        doesn't discriminate/unduly burden interstate commerce
        
        substantial nexus between activity and taxing state
        
        fairly apportioned, and
        
        fairly related to the services provided be the taxing state
      - spending
      - war and defense
      - investigatory
      - property
      - eminent domain
      - admiralty
      - bankruptcy
      - postal
      - copyright and patent
      - speech and debate
      - civil war amendments
- - - - Suspect Classes, Fundamental Rights/courts
        
        race
        
        alienage
        
        national origin
        
        deprivation of fundamental rights
        
        1A Rights
        
        Access to Courts
    - - Quasi-suspect classifications
        
        gender
        
        illegitimacy
    - - Everything not in other branches
        
        age
        
        poverty
        
        wealth
        
        disability
        
        need for the necessities of life
- - - - State must show a compelling state interest and:
      - regulation is narrowly tailored to that interest
    - - State must show an important state interest and
      - Burden on interstate commerce isn't
        excessive in relation to the interest
- - - - Economic regulations
      - std is rationally related to a legit government interest
        
        BUT strict scrutiny for fundamental rights of personhood
        
        right to travel
        
        vote
        
        privacy rights: CAMPERS
        
        Contraceptives
        
        Abortion
        
        Marriage
        
        Procreation
        
        Education (Private)
        
        Sex (privately between consenting adults)
      - For rights of all persons with respect to a specific activity
    - - From 5/14a, protection against deprivation of life,
        liberty, or property w/out due process of law
      - liberty interests like freedom from bodily restraints, physical punishment, commitment to a mental institution
      - Property interests like public education, welfare, retaining driver's license, public employment, prejudgment garnishment, forfeiture of property, and business licensing
- - - - ID the state action
        
        Give the language of the amendment itself
        
        Give the Court's interpretation of that language