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Constitutional Law - Coggle Diagram

- - - - statute must have a SECULAR legislative purpose 2. the principal or primary effect or purpose must neither advance nor inhibit religion 3. the statutue must not foster an excessive government entanglement with religion
- - - - President’s veto may be overridden by Congress so long as ⅔ vote of BOTH houses
      - Line- item veto is UNCONSTITUTIONAL
        
        ONLY Congress can amend legislation to delete provisions
  - - - (1)legislative; (2) Commerce; (3) taxing; (4) spending; (5) war and defense;(6)investigatory; (7) property; (8) eminent domain; (9) admiralty;(10) bankruptcy;(11) postal;(12) copyright and patent; (13) speech and debate;(14) civil war amendments
    - - Congress can regulate channels of interstate commerce such as highways, waterways, and air traffic
      - Congress can regulate instrumentalities of interstate commerce such as cars, trucks, ships, and airplanes
      - Congress can regulate activities that have SUBSTANTIAL economic effect upon interstate commerce
      - Substantially effects test: Congress must show that the regulated activity is economic in nature and that the regulated activity when taken cumulatively throughout the nation has a substantial effect on commerce
      - Dormant Commerce Clause
        
        State may regulate local transactions affecting interstate commerce as long as Congress has not enacted legislation
        
        State power is subject to certain limitations
    - - State Tax on interstate Commerce
        
        There be a substantial nexus between the activity taxed and the taing state
        
        Tax must be fairly apportioned
        
        Tax must NOT discriminate against interstate commerce
        
        Tax must be fairly related to services provided by the taxing state
        
        State taxation of interstate commerce is permissible so long as the tax does not discriminate against or unduly burden interstate commerce
    - - Federal law will supersede any state law with which it is in direct conflict
      - Federal law preempts the state law in an area in which the exercise of federal power is constitutional
    - - Protected freedoms/ property interests: public education, welfare benefits, retention of driver’s license, public employment, prejudgment garnishment, forfeiture of property, and business licensing
      - Protect against the deprivation of life, liberty, or property without due process of law
      - Capital punishment is a DEPRIVATION OF LIFE INTEREST
  - - - case or controversy 2. mootness 3. ripeness 4. abstention 5.standing 6. political questions
- - - - Right to travel
        
        Right to vote
        
        Right to privacy
        
        types of privacy rights
        
        Contraceptives
        
        Abortion
        
        Marriage
        
        Procreation
        
        Private Education
        
        Family Relation
        
        Sexual Relations (meaning private adult consensual activity)
  - - - Burden of persuasion on the government to prove that the measure being challenged is substantially related to the achievement of an important governmental interest
      - Substantially related= exceedingly persuasive justification must be shown
      - Applies to quasi-suspect classifications- gender and illegitimacy
    - - Burden of persuasion on the plaintiff
      - Plaintiff must show that the measure being challenged serves no legitimate government interest
      - Law can't be arbitrary and unreasonable
    - - Burden of persuasion on the government to prove that the measure being challenged is necessary to further a compelling governmental interest
        
        Race
        
        1st Amendment rights
        
        Natural origin
        
        Fundamental rights
        
        Alienage
        
        Access to courts
- - - - includes EVERY federal statute/ regulation/ treaty