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Constitutional Law - TB - Coggle Diagram

- - - - Necessary for compelling gov interest
    - - Race
      - Alienage
      - National Origin
      - Deprivation of Fundamental Rights
      - 1st Amendment
      - Access to Courts
  - - - Substantially Related
        
        Exceedingly persuasive justification
    - - Gender
      - Illegitimacy
  - - - No legit/rationally related Gov interest
        
        Cannot be arbitrary or unreasonable
    - - Everything else
        
        Age
        
        Poverty
        
        Wealth
        
        Disability
        
        Necessities
- - - - Conduct-based Regulation
        
        Incidental burden on speech
        
        OK if substantial gov interest
        
        Restriction > Rights
      - Gov as Speaker
        
        OK for Gov to discriminate
      - Violance/Unlawful
        
        Directed to incite or produce imminent lawless action AND
        
        Likely to incite
      - Fighting Words
        
        More than annoying or offensive
        
        Incite immediate physical action AND
      - Hostile audience
        
        Elicits immediate violent response against speaker
      - Obscene Speech
        
        Average person would say appeals to prurient interest AND
        
        Work depicts/describes (patently offensive) sexual conduct AND
        
        Lacks artistic/political/scientific value
      - Defamatory
        
        Plaintiff must prove malice
        
        Does not apply public official/figure/concern
    - - Commercial
        
        Not protected if falce/deceptive/unlawful
        
        Can regulate if:
        
        Substantial Gov interest AND
        
        Directly advances interest AND
        
        Not more extensive than necessary
        
        Sex: Sub Gov Int & Reasonable alternative channel
      - Time/Place/Manner
        
        Content Nuetral AND
        
        Narrowly Tailored AND
        
        Alternative Channels of communication
  - - - Sect preference
      - Lemon test:
        
        Secular legislative purpose AND
        
        Principal/Primary purpose does not advance/inhibit religion AND
        
        No excess gov entanglement
    - - No deny benefits or burden on belief
- - - - Liberty
        
        Physical punishment
        
        Mental Institution
        
        Bodily restraints
      - Property
        
        Public Education
        
        Welfare
        
        Driver's license
        
        Public Employment
        
        Prejudgment Garnishment
        
        Forfeiture of property
        
        Business licensing
      - Life
        
        Capital Punishment
        
        Abortion
  - - - Travel
      - Vote
      - Privacy
        
        CAMPERS
        
        Contraceptives
        
        Abortion
        
        Marriage
        
        Procreation
        
        private Education
        
        family Relations
        
        Sexual relations
- - - - Powers
        
        Appointments
        
        Ambassadors
        
        Justices
        
        Officers
        
        Veto
        
        10 Days (or no sign)
        
        Override 2/3 each house
        
        No line-item veto
        
        Rulemaking
        
        Designated Agencies
        
        Pardon
        
        Executive Privilige
        
        International
        
        Treaties (+2/3 Senate)
        
        Deploy military (not war)
  - - - Case/Controversy
        
        Real & Substantial
        
        Adverse Interests
        
        Can be resolved
      - Mootness
        
        Already Resolved (Moot)
      - Ripeness
        
        Claims Fully Developed
      - Abstention
        
        Waiting for State to figure it out first
      - Standing
        
        Injury-in-fact AND
        
        Causation AND
        
        Redressibility
      - Political Q's
  - - - Power to Make Laws
        
        Necessary & Proper Clause
        
        Legislative
        
        Commerce
        
        Taxing
        
        Actually raises revenues
        
        Objective
        
        Intended to raise revenue
        
        Subjective
        
        Spending
        
        War & Defense
        
        Investigatory
        
        Property
        
        Eminent Domain
        
        Admiralty
        
        Bankruptcy
        
        Postal
        
        Copyright & Patent
        
        Speech & Debate
        
        Civil War Amendments
        
        Commerce Clause (Interstate Commerce)
        
        Channels
        
        Instrumentalities
        
        Activities w/ Substantial economic effect
        
        Economic AND
        
        Cumulatively substantial effect on commerce