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Constitutional Law - Coggle Diagram

- - - - Establishment Clause
        
        First Step, whether law is a sect preference
        
        All sect preferences subject to strict scrutiny
        
        If no explicit sect preference, Analyze under Lemon Test
        
        Statute must have a secular legislative purpose
        
        Principal or Primary effect or purpose must neither advance nor inhibit religion
        
        Statute must not foster an excessive government entanglement with religion
        
        General Rule: religious activites at public schools violates the Estab. Clause
        
        Most Gov. Aid to religious schools is unconstitutional
        
        Except if program provides aid to all elementary and secondary schools including religious schools.
    - - Religious Beliefs are Absolutely Protected
      - May not punish an indiv. by denying benefits or imposing burdens based on religious belief
  - - - Conduct-based regulation
      - Government as Speaker
      - Unprotected speech
        
        Speech that advocates violence or unlawful action
        
        Fighting Words
        
        Hostile Audience Speech
        
        Obscene Speech
        
        Defamatory Speech
      - Certain Categories Receive Lower Protection
        
        Commercial Speech
        
        Sexual Speech
- - - - Race
      - Alienage
      - National Origin
  - - - Gender and Illegitmacy
  - - - Ex: age, poverty, wealth, disability, and need for necessities of life such as food, shelter, clothing, and medical care.
- - - - Case or Controversy
      - Mootness
      - Ripeness
      - Abstention
      - Standing
      - Political Questions
  - - - Appointment Power
      - Veto Power
        
        (With Congress having power to override veto with two-thirds vote of both houses
      - Power to Deploy Military Affairs
      - Power to Make Treaties with Foreign Nations
  - - - Legislative
      - Commerce
      - Taxing
      - Spending
      - War and Defense
      - Investigatory
      - Property
      - Eminent Domain
      - Admiralty
      - Bankruptcy
      - Postal
      - Copyright and Patent
      - Speech and Debate
      - Civil War Amendments
- - - - Fundamental Rights Included
        
        Right to Travel
        
        Right to Vote
        
        Right to Privacy
        
        CAMPERS
        
        Contraceptives
        
        Abortion
        
        Marriage
        
        Procreation
        
        Private Education
        
        Family Relations
        
        Sexual Relations
- - - - Objective Standard
        
        Raises Revenue
      - Subjective Standard
        
        Intended to Raise Revenue
  - - - Things to consider:
        
        there must be a substantial nexus between the activity taxed and the taxing state
        
        the tax must be fairly apportioned
        
        the tax must not discriminate against interstate commerce
        
        the tax must be fairly related to services provided by the taxing state.
- - - - State action = Fed. or State
      - Private Actors can be found to be state actors when, priv. actor carrying on activities traditionally and exclusively performed by gov. or where gov. and priv. actor are so closely related it can be treated as action as gov.