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Constitutional Law - Coggle Diagram

- - - - Gender
      - Legitimacy
    - - National origin
      - Alienage (citizenship)
        
        Federal = rational basis NOT SS (not arbitrary and reasonable)
        
        State = SS UNLESS
        
        participation in self-government and democratic process: voting, jury service, elective office, non-elective offices of important pub. pol.
        
        participation in self-government includes primary and secondary schoolteachers (NOT university teachers)
      - Race
  - - - Free Exercise
        
        valid if generally applicable
        
        even if incidentally interferes with religious belief/practice
        
        law targeting religious practice usually invalid
      - Establishment
        
        prohibits government acts that establish/sponsor/coerce religion or favor one religion over the other
        
        Generally. must remain neutral
        
        Government not required to extend program to private schools, but when it does cannot exclude religious schools solely on basis of religion
        
        If not neutral, may be permissible if supported by history and Founding Fathers' intent
        
        Discrimination among religions = S/S
    - - closure of trials
        
        criminal trial: trials and pretrial proceedings can be closed only if necessary to preserve an overriding interest _ narrowly tailored
    - - C/B = SS
        
        Unless unprotected
        
        True Threats
        
        intended to convey serious threat of bodily harm
        
        Obscenity
        
        (1) appeals to prurient interest (community std.)
        
        (2) portrays sex in a patently offensive way (community std.)
        
        (3) lacks serious literary, artistic, political, or scientific value (national, reasonable person std.)
        
        Fighting Words
        
        likely to incite immediate physical retaliation in an average person
        
        Defamation
        
        (2) published to 3P
        
        republication: same liability
        
        (3) Falsity
        
        (1) defamatory statement that specifically identifies P
        
        (4) fault
        
        public official, public figure, public concern = actual malice
        
        reckless disregard to truth or falsity
        
        knowledge of falsity
        
        private person/public concern = negligence
        
        (5) damage to reputation
        
        Incitement
        
        (1) intended to produce imminent lawless action
        
        (2) likely to produce such action
      - C/N = IS
        
        narrowly tailored to important gov. interest + ample open alternatives
        
        Time, Place, Manner restrictions
        
        must be (i) content-neutral, (ii) narrowly tailored to important governmental interest, (iii) leave open ample alternative avenues of expression
      - Gov. Property
        
        DPF: public property not historically open but thrown open for such activities
        
        same as TPF
        
        LPF: not historically open for speech but opened for specific speech activity
        
        Same as non-PF
        
        TPF: public property historically open to speech-related activities
        
        C/N, narrowly tailed to import. interest + ample open alternatives
        
        Non-PF
        
        VP neutral, reas. related to legitimate gov. interest
      - Prior Restraints (Injunction/Licensing)
        
        no unfettered discretion
        
        Justified if narrowly tailored to compelling interest
      - Political Contributions
        
        govt cannot limit contributions to political committee that supports/opposes ballot referedum
      - Compelled Speech
        
        oaths: upheld -- oppose violent overthrow and support Const. ; impermissible - show respect for the flag
      - Commercial Speech
        
        (1) not protected if false, misleading, or about illegal products or services
        
        (2) substantial govt interest
        
        (3) directly advance interest
        
        (4) narrowly tailored (not least restrictive means)
      - Government Employees
        
        Protected: public concern (not pursuant to official duties); private concern outside workplace
        
        even if public concern, public employee may be discharged if that speech interferes with the proper functions of the government
        
        Unprotected: private concern (if disruptive), official duties (even if public concern)
      - Challenges to Speech Laws
        
        Vagueness
        
        reas person cannot tell whether speech is permitted or prohibited
        
        Overbreadth
        
        regulates substantially more speech than Constitution allows
        
        bans protected speech along with protected speech
        
        unenforceable against anyone, even if their speech is unprotected
    - - State cannot inquire about an applicant's associations for the purpose of withholding a right or benefit due to beliefs
        
        prior membership with an organization is not an endorsement of illegal activities of that organization, unless person has specific intent to further the illegal activities of that organization
  - - - Deprivation
        
        Property: legitimate claim or entitlement to a benefit under law, which goes unfulfilled
        
        includes continued interest in gov. benefit/employment
        
        Liberty: loss of significant freedom of action/ freedom provided by Const.
        
        Life
      - Process Required
        
        Impartial Decision-maker
        
        no actual bias or severe risk of bias
        
        Hearing
        
        Type and extent determined by balancing test
        
        Government interest in fiscal and administrative efficiency
        
        importance of interest to individual AND value of procedural safeguards AGAINST
        
        Typically: pre-deprivation hearing required
        
        Notice
        
        reasonably calculated to inform person of deprivation
    - - Fundamental Rights = SS (necessary to compelling interest)
        
        Right to Travel
        
        right to equal treatment in new state
        
        Durational Residency Requirements
        
        1 year residency to vote in state INVALID
        
        30 day residency to vote in state VALID
        
        right to travel from state to state
        
        Right to Vote
        
        restrictions on basis of residence, age, citizenship OK
        
        Residency Requirements: reas. time period
        
        one person, one vote principle
        
        State and local elections: substantially equal (10% variance OK)
        
        Congressional elections: almost exact mathematical equality
        
        Does not apply to at-large system of elections (unless discriminatory)
        
        Right to Privacy
        
        Procreation
        
        Private Education
        
        Marriage
        
        Family Relations
        
        Contraception
        
        Sexual Contact
        
        1st Amendment Rights
      - All other cases = rational basis
  - - - Public use = rationally related to legitimate pub. purpose
      - Just comp. = FMV at time of taking
      - Taking: confiscation or permanent or regular physical occupation
        
        Possessory Taking
        
        government takes or occupies physical property
        
        Regulatory Taking: govt action that adversely affects property value
        
        Denial of all economic value: requires comp.
        
        Denial of nearly all value: depends on social goals promoted, diminution in value to owner, and interference with owner's investment expectations
  - - - serves important and legit. pub. interest + reas. and narrowly tailored to promoting that interest
    - - reasonable and necessary to serve an important public purpose
  - - - activities so traditionally the exclusive prerogative of the state = state action
    - - State affirmatively facilitiates
      - Sufficient entwinement between state and private party
- - - - Presidential
        
        Domestic
        
        Pardon of fed. offenses
        
        EXCEPT cases of impeachment
        
        not subject to control by Congress
        
        blanket pardons valid
        
        Veto
        
        No Line Item Veto: only approve or reject bill as a whole
        
        overridden by 2/3 vote of each house
        
        Pocket Veto: 10 days
        
        Congress out of session: automatically vetoed
        
        Congress in session: bill becomes law
        
        Appointment
        
        inferior officers: Congress can vest in President/heads of Departments alone
        
        Removal
        
        President can remove high level purely executive officers at will
        
        Executive Privilege/Immunity
        
        Privilege: keep certain presidential communications secret
        
        UNLESS need demonstrated in criminal proceedings
        
        Immunity: absolute immunity from civil damages based on action taken while exercising official responsibilities
        
        Foreign
        
        treaties : agreements between US and foreign countries negotiated by President (effective on ratification by 2/3 Senate)
        
        self executing (effective w/o implementation of Congress) = supreme law of the land
        
        Conflicts with law
        
        State: treaty prevails
        
        Federal: most recent prevails
        
        Constitution: Const. prevails
        
        Military actions
        
        represent US in for. relations
        
        Executive Agreements
        
        do not require consent of Senate
        
        Implied Powers: continuum
        
        Against express will of Congress = likely invalid
        
        Congress silent = unlikely upheld if it usurps power of another branch or poses obstacle to another branch
        
        Express or Implied authority of Congress = likely valid
      - Delegated: Rulemaking
        
        "intelligible principle"
        
        Major Questions: must point to clear congressional authorization for exercise of power
    - - Justiciability: Case or controversy
        
        Mootness
        
        ongoing injury
        
        Exceptions
        
        D voluntarily stops but free to resume
        
        capable of repetition but evading review: injury ceases before litigation, but reas. expect to be subject to same harm in future
        
        Class actions where class rep. moot but claim of at least one class member viable
        
        Standing
        
        Causation
        
        Redressability
        
        decision in litigant's favor capable of eliminating their harm
        
        Injury
        
        concrete and particularized
        
        3P Standing: 1st party standing + non-Ps also suffer injury and unlikely/unable to sue + P can adequately represent interests of 3Ps
        
        Citizenship standing: generally, no
        
        Exceptions
        
        3 more items...
        
        Organizations
        
        (2) members' injury is related to organization's purpose
        
        (3) individual member participation in suit not rwquired
        
        (1) injury in fact to members
        
        Ripeness
        
        fit for judicial decision: harm/immediate threat of harm
        
        no proposed laws: only actual laws
        
        grace period: not ripe
        
        P would suffer substantial hardship
        
        No advisory opinions
        
        Decisions that lack (1) actual dispute between parties or (2) any legally binding effect
        
        Sovereign Immunity: 11A bars private suits against a state
        
        Exceptions
        
        Implicit consent/Structural waiver
        
        federal power complete in itself AND
        
        states implicitly consented to federal government exercising that power as part of plan of Constitution
        
        Local Governments
        
        Suits by other States or Fed. Gov.
        
        Bankruptcy
        
        Express waiver
        
        Against state officers
        
        (1) for damages personally
        
        (2) to enjoin official from future unconstitutional/unlawful conduct
        
        Congress removes Immunity
        
        No political questions
        
        (1) constitutionally committed to another branch of government or
        
        (2) inherently incapable of judicial resolution
        
        Common Non-justiciable PQs
        
        challenges to the conduct of foreign policy
        
        Challenges to impeachment and removal proceedings
        
        Actions under "republican form of government" clause
        
        Supreme Court Jurisdiciton
        
        Original
        
        ambassadors, public ministers, consuls
        
        a state is a party
        
        state must be asserting its OWN rights and interests
        
        Appellate
        
        in all cases to which federal judicial power extends under Art. III
        
        Writ of Certioari (most)
        
        from highest state court capable of providing a decision where (1) constitutionality of a federal statute, federal treaty, or state statute is in issue, or (2) a state statute allegedly violates federal law
        
        All cases from federal courts of appeals
        
        Appeal (rare)
        
        must hear cases from 3 judge fed. dist. ct. panels that grant or deny injunctions
        
        NO JURISDICTION if adequate an independent state grounds
        
        Adequate: state law grounds fully dispositive of the case
        
        Independent: decision not based on federal case interpretations of identical federal provisions
        
        Where state court determines state constitution, may interpret independently or co-extensively from federal
        
        where state court interprets State Constitution and federal law co-extensively, Court may find that independent and adequate state grounds did not exist
    - - Commerce Clause
        
        Intrastate Commerce IF: commercial activity where
        
        rational basis on which Congress could conclude would in aggregate substantially affect interstate commerce
        
        Interstate Commerce
        
        (1) regulate channels of interstate commerce
        
        (2) regulate instrumentalities of interstate commerce
        
        (3) regulate activities that have a substantial effect on interstate commerce
      - Taxing and Spending Powers
        
        reas. related to promoting general welfare + not unconstitutional
        
        Spending condition:
        
        (2) relate to purpose of the program
        
        (3) not unduly coercive
        
        (1) clearly stated
        
        (4) do not otherwise violate constitution
      - No general police power
        
        EXCEPT: federal lands, DC
      - Necessary and Proper Clause
        
        Power to make all laws necessary and proper to carry out any enumerated legislative powers
      - War / Related Powers
        
        Declare war, raise and support armies, provide for and maintain a navy
      - Investigatory Power
        
        limited to matters on which Senate can legislate (information for potential legislation or other official action)
        
        Congress can subpoena the President's personal information
      - Postal Power
        
        may not deny any citizen or group of citizens of the general mail "privilege
        
        Congress can classify and place reasonable restrictions on use of the mails
      - Speech or Debate Clause
        
        Immunity from prosecution for conduct that occurs in the regular course of federal legislative process
      - Delegated Powers
        
        Congress has broad power to delegate
        
        Where delegation -- Separation of powers doctrine forbids Congress from trying to control exercise of delegated power (for example, overturning executive agency action without bicameralism)
      - 13th A: prohibits slavery
        
        enabling clause of 13A confers on Congress authority to proscribe almost any private racially discriminatory action that can be characterized as a badge or incident of slavery
      - Citizenship
        
        Exclusive power over naturalization and denaturalization
      - Separation of Powers
        
        passage of law requires:
        
        bicameralism (passage by both houses of Congress)
        
        presentment to President for signature of veto
        
        no line-item veto
        
        Congress cannot retain legislative veto
  - - - Where Congress silent, States may regulate commerce unless discriminate or unduly burden interstate commerce
        
        Exceptions
        
        Trad. Gov. Function
        
        Congressional approval
        
        Market Participant
        
        Discriminatory
        
        Must not discriminate against interstate commerce: unless important non-economic interest and no reasonable alternative
        
        unduly burden
        
        balancing test: valid unless burden outweighs promotion of a legitimate local interest
    - - Discriminatory: violate DCC
      - Non-discriminatory: unduly burden?
        
        Substantial nexus: activity has substantial nexus to taxing state
        
        business avails itself of the privilege of doing business in the state
        
        Fair Apportionment
        
        fairly apportioned according to rational formula
        
        Fair Relationship: must be fairly related to some govt. service or benefit
      - Use Tax
        
        valid - goods purchased outside sate but used within it
      - Sales Tax
        
        subst. nexus? fairly apportioned?
      - Ad Valorem Tax
        
        assessed value of property
        
        No state tax on commodities in interstate transit
        
        taxes on instrumentalities of interstate transport
        
        (1) whether instrumentality has acquired taxable situs (suff. contacts)
        
        (2) whether value of instrumentality fairly apportioned
      - Privilege, License, Franchise, and Occupational Tax
        
        (2) fairly apportioned
        
        (3) tax must not discriminate against interstate commerce
        
        (1) activity must have a subst. nexus to the taxing state
        
        (4) must fairly relate to services provided by state
    - - State cannot discriminate against out-of-state citizens
        
        people only (no corporations)
        
        Protects commercial activities and fundamental rights
        
        Valid only if necessary to achieve important gov. interest + no less restrictive means
    - - Supremacy Clause: Federal law trump inconsistent state law
        
        Express
        
        Implied
        
        Field Preemption
        
        Obstacle
        
        Conflict
    - - Anti-Commandeering principle (10A)
      - State and local governments cannot tax or regulate the activities of the federal government