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Constitutional law - Coggle Diagram

- - - - Step 1: does law have an explicit sect preference? If so, subject to SS. If not, law subject to Lemon test: 1) the statute must have a secular legislative purpose 2) the prinicipal our priory effect or purpose must neither advance nor inhibit religions and 3) the statute must not foster an excessive gov entanglement with religion
- - - - Ripeness- bars claims before they are fully developed
      - Abstention- federal court refuses to hear case involving state law claim until state court has heard and decided issue
      - Mootness- only decide cases with actual controversy- can't redefine case that was already decided- if matter already resolved, will be dismissed as moot
      - Standing: injury in fact, causation, redressibility
      - Case or controversy: real and substantial dispute that touches the legal relation of parties with adverse interests and that can be resolved by a judicial decree of a conclusive character - no advisory opinions
      - political questions-
  - - - Taxing power- a congressional act purporting to be a tax is valid exercise of taxing power if the act actually raised a tax (objective) or was supposed to raise a tax (subjective)
        
        Congress can use taxing power to achieve regulatory effect as long as congress has the authority to regulate the activity taxed
        
        State taxation of interstate commerce- permissible so long as the tax does not discriminate or unduly burden interstate commerce
        
        requirements for state tax on interstate commerce to be valid: substantial nexus between activity taxed and the taxing state; tax must be fairly apportioned; tax must not discriminate against interstate commerce; tax must be fairly related to the services provided by the taxing state
      - Commerce clause- gives congress the power to regulate channels of interstate commerce (highways, waterways, and air traffic), instrumentalities of interstate commerce (cars, ships, and airplanes)m and activities that have a "substantial economic effect" on interstate commerce
        
        Substantial effects test: congress must prove that the regulated activity is economic in nature and that the regulated activity (cumulatively throughout nation) has a substantial effect on commerce
        
        States may regulate local transactions affecting interstate commerce so long as congress has not enacted legislation in this area
        
        state power in this area limited by dormant commerce clause
        
        dormant commerce clause: if state law discrimainates on its face against in and out of state economic actors- subject to SS. if state law incidentally burdens interstate commerce- state must show law serves important government interest and burden on interstate commerce is not excessive in relation to the interest served