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CONSTITUTIONAL LAW - Coggle Diagram

- - - - Case or controversy (justiciability) - whether there is a case or controversy depends on: what the case is requesting, when it is brought, who is bringing it. No advisory opinions, must be ripe not moot, and P w/standing.
      - Mootness - live controversy must exist at all stages of review + ongoing injury. Exceptions: not moot when controversies capable of repetition, cases where D voluntarily stops the offending practice, and class actions w/one at least one claim still viable.
      - Ripeness - bars consideration of claims before they have fully developed, meaning pre-enforcement reviews of laws/policies are generally not ripe.
      - Abstention - the court may abstain/refuse to hear a particular case when there are undecided issues of state law presented.
      - Standing - a person must have standing at all stages of litigation & show: injury-in-fact, causation, and redressability. No citizenship standing but a taxpayer has standing to challenge their tax bill, violation of 10A and to challenge congressional spending.
      - Political Qs will not be decided.
      - Sovereign immunity & the 11A - bars private party's suit against the state in fed & state courts. Exceptions: express waiver by the states & implicit consent/structural waiver, actions against local gov, suits by other states or fed gov't, bankruptcy, certain actions against state officers, Congress removes the immunity.
  - - - No Fed Police Power - no general power to legislate for the health, safety, and welfare of the nation but has police power over D.C., fed lands, military bases, and Indian reservations.
      - Necessary & Proper Clause - Congress has the power to make all laws necessary & proper to carry out any of the legislative powers. Low hurdle-laws can be foolish, just not irrational.
      - Taxing & Spending Power to provide for the general welfare. May be for any public purpose not prohibited by the Constitution.
        
        Spending Power Conditions: can impose conditions on the grant of money to state/local gov't if conditions are: (1) clearly stated, (2) relate to the purpose of the program, (3) are not unduly coercive, and (4) do not otherwise violate the Constitution.
        
        Taxes are generally valid if they bear some reasonable relationship to revenue production or to promoting the general welfare.
      - Dormant Commerce Power to regulate all foreign & IC. Fed law regulating IC must either regulate (1) channels, (2) instrumentalities, (3) activities that have a substantial effect on interstate commerce.
        
        Intrastate Activity: (1) Congress must have a rational basis to conclude the activity in the aggregate substantially affects IC. (2) Activity must be economic or commercial in nature. (3) 10A precludes Congress from regulating noneconomic intrastate activity traditionally regulated by state or local gov't. Cannot compel activity, only regulate.
        
        Gives Congress power to prohibit private discrimination.
      - War & Related Powers - declare war, raise and support armies, provide for and maintain a navy.
      - Congress is explicitly authorized to restrict the jurisdiction of the federal courts under Article III.
- - - - Discriminatory Regulation - A state law that discriminates against IC may be valid if it is necessary to achieve an important, noneconomic state interest and no reasonable, nondiscriminatory alternatives available.
      - Nondiscriminatory Regulation (law that treats local & out-of-state interests alike) that burdens IC is still valid unless the burden outweighs the promotion of a legitimate local interest.
      - Exceptions: it furthers an important, noneconomic state interest and no reasonable nondiscriminatory alternatives, Congress approved that kind of discrimination, state is acting as "Market Participant," it involves gov't action re: the performance of a traditional gov't function.
  - - - Examples; use tax, sales, tax, ad valorem tax, privilege, license, franchise, & occupational tax.
- - - - Substantive DP applies when law limits the rights of ALL persons to engage in some activity.
      - EP applies if a law treats a person or class of persons differently from others.
  - - - if a fundamental right or suspect classification, strict scrutiny is used.
      - if a quasi-suspect classification is involved, intermediate scrutiny is used.
      - if the classification does not affect a fundamental right or involve a suspect or quasi-suspect, rational basis is used.
    - - For strict or intermediate scrutiny to be applied, there must be intent on the part of the gov't to discriminate. Intent may be shown by: (1) a law that is discriminatory on its face, (2) a discriminatory application of a facially neutral law, or (3) a facially neutral law w/ a disparate impact on a protected class of people.
- - - - if it is (1) intended to produce imminent lawless action and (2) likely to produce such action.
    - - personally abusive words that are likely to incite immediate physical retaliation in an average person. Merely annoying won't do. True threats - words that are intended to convey to someone a serious threat of bodily harm.
    - - Private possession of obscene material in the home cannot be punished. Child pornography is prohibited. Land use regulations may limit the location or size of adult entertainment establishments if the regulation is designed to reduce the secondary effects of such businesses.
      - describes/depicts sexual conduct specified by statute that, taken as a whole, by the average person: (1) appeals to the prurient interest in sex, using a contemporary community standard; (2) is patently offensive under contemporary community standard; AND (3) lacks serious value (literary, artistic, political, or scientific), using a national, reasonable person standard.
    - - Public Official or Figure Suing - whether the defamation is on the matter of public or private concern, the degree of fault P must show is actual malice: (1) knowledge that it was false, or (2) reckless disregard as to its truth or falsity.
        
        Public Officials - people (1) holding or running for elective office at any level, and (2) public EE in position of public importance (prosecutor, school principal, police officer).
        
        Public Figures - people who have (1) assumed roles of prominence in society, (2) achieved pervasive fame and notoriety, or (3) thrust themselves into particular public controversies to influence their resolution.
        
        Matter of Public Concern - issues important to society or democracy. Decided on a case-by-case basis whether a defamatory statement involves a matter of public concern, looking at the publication's content, form, and context.
      - Private Figure Suing on Matters of Public Concern - P can only recover actual damages if P only shows damages. To recover punitive damages, P needs to show actual malice.
      - Private Figure Suing on Matters of Private Concern - 1A is not involved. P can recover for any damages that state law allows even if no actual malice.
    - - Complete Bans on truthful ads of lawful products are not allowed.
      - Unprotected Commercial Speech (ads, promotions of products and services, brand marketing) is NOT protected if it is (1) false, (2) misleading, or (3) about illegal products or services.
      - Protected Commercial Speech if satisfies: 1) whether the commercial speech concerns lawful activity and is not misleading; 2) whether the asserted gov interest is substantial; 3) whether the regulation directly advances gov interest; and 4) whether the regulation is no more restrictive than necessary. The regulation need not be the least restrictive alternative means available, there must be a reasonable “fit” b/w the goal and the means chosen