Constitutional Law

Must show there is gov. action and not action by private citizen.

First Amendment

Powers

Equal Protection

Due Process

Substantive

Procedural

Dormant Commerce Clause

Judiciary Power

Article 3 + Marbury v. Mead

Limitations to Power

Case or Controversy

Mootness

Ripeness

Abstention

Standing

Political Questions

Executive Branch

Rests in the President as Chief Executive and Commander-In-Chief

Appointment Power

Veto Power

(With Congress having power to override veto with two-thirds vote of both houses

Rulemaking Power - If Delegated by Congress

Pardon Power

Executive Privilege

Legislature Powers

Power to Deploy Military Affairs

Power to Make Treaties with Foreign Nations

Make Laws

Conduct Investigations and Hearings

Necessary and Proper Giving Implied Powers to Make All Laws necessary and proper into Execution Foregoing Powers

Consider Matters in which legislation may be enacted

Legislative

Commerce

Taxing

Spending

War and Defense

Investigatory

Property

Eminent Domain

Admiralty

Bankruptcy

Postal

Speech and Debate

Civil War Amendments

Commerce Clause

Powers to regulate channels of interstate commerce. Ex. Highways

powers to regulate instrumentalities of interstate commerce. Ex. cars

Powers to regulate activities that have a "substantial economic effect" upon interstate commerce

under substantially effects test must show 1. activity is economic in nature, 2. regulated activity when taken cumulatively throughout nation would have a substantial effect on commerce.

Limiting State Power

If State Law Discriminates on Face between Out of State and In State, must show reg. serves compelling state interest and is narrowly tailored to serve interest.

If State Law is facially neutral and incidentally burdens interstate commerce, must show reg. serves an important state interest and burden is not excessive in relation to interest served.

Taxes

Colleting Taxes

States Taxation of Interstate Commerce

Upheld as Valid If

Objective Standard

Subjective Standard

Raises Revenue

Intended to Raise Revenue

Permissible as long as it does not discriminate against or unduly burdens interstate congress

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.

Supremacy Clause

Federal Law will supersede State Law with which it is in direct conflict

Must show there is gov. action and not action by private citizen.

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.

Bill of Rights applies to States

Protects Rights of "Persons"

Entitlement to Certain Safeguards, that include Notice and Hearing. Towards certain Protected Liberty Interests and Property Interests

Economic Regulations, given a more deferential standard

Fundamental Rights Regulations Given Strict Scrutiny review or other heightened scrutiny.

Fundamental Rights Included

Right to Travel

Right to Vote

Right to Privacy

CAMPERS

Contraceptives

Abortion

Marriage

Procreation

Private Education

Family Relations

Sexual Relations

Ensures law will be fair and reasonable not arbitrary and capricious

Analyze under if law affects rights of all persons in relationship to a specific activity

Analyze under if law affects rights of some persons in relationship to specific activity

Strict Scrutiny Applied If

Intermediate Scrutiny Applied If

Rational Basis Scrutiny Applied If

Suspect Classifications

Race

Alienage

National Origin

Deprives Fundamental Right

Quasi Suspect Classes

Must prove measure is necessary to further a compelling government interest

Must prove measure is substantially related to achievement of an important government interest

Gender and Illegitmacy

To Plaintiff must show measure serves no legitimate gov. interest or is not rationally related to any legitimate interest

all classifications not falling under strict or intermediate

Ex: age, poverty, wealth, disability, and need for necessities of life such as food, shelter, clothing, and medical care.

more deferrential, rare if something does not meet this

Freedom of Religion

Freedom of Association

Freedom of Speech

Freedom of Press

Establishment

Expression

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

May not censor all categories of speech or engage in content based discrimination with some exceptions

Subject to closest of scrutiny

Regs allowed if pass strict scrutiny

Exceptions

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

Press has no greater freedom to speak than any ordinary member of general public.

No special right to government info.

Gag orders on press will almost never be held as const.