Term
| What is required for a plaintiff to have standing? |
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Definition
- injury: actual harm suffered personally; must have occurred or will soon oocur ( No 3P standing)
- causation: injury is fairly traceable to the defendant
- redressability: favorable court decision can remedy the harm
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Term
| When does an association have standing? |
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Definition
- when there is an injury in fact to its members that would give them standing
- the injury is related to the organization's purpose and
- neither the nature of the claim nor the relief requested requires participation of the individual members in the lawsuit.
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Term
| What is intergovernmental immunity? |
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Definition
| Provides that State and local governments cannot tax or regulate the activities of the federal government. |
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Term
| When is the Lemon Test used? |
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Definition
When a government actiontends toward the establishment of religion and does not prefer one religious sect over another.
Under Lemon, an action will be upheld only if:
- it has a secular purpose
- it's primary effect neither advances nor inhibits religion and
- it does not produce excessive government entanglement with religion
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Term
| When can the Free Exercise Clause be used to challenge a law of general applicability? |
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Definition
It cannot be used to challenge a law of general applicability unless it can be shown that the law was motivated by a desire to interfere with religion.
States may regulate conduct even if it happens to interfere with a person's religious practices as long as that was not the purpose of the legislation |
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Term
| Do States have the power to tax foreign commerce? |
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Definition
Article 1, Section 10, Clause 2:
"No state shall, w/o consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing its inspection laws."
Hence, the Import-Export Clause prohibits the states from imposing any tax on imported goods as such or on commercial activity connected with imported goods as such, EXCEPT with congressional consent. |
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Term
| Tenth Amendment generally |
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Definition
Generally, the 10th amendment proveds that powers not delegated to the federal government are reserved to the states.
Under the 10th, the COurt will usually uphold federal legislation that applies both to the provate sector and to the state governments, BUT, will generally not uphold attempts by COngress to regulate the states as states. |
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Term
| What clause is violated when a state favors established residents over new residents? |
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Definition
THe Equal Protection CLause:
To show such favor in an area that affects a person's ability to engage in his livelihood impedes migration from state to state.
Interstate travel is a fundamental right and a classification that burdens it would trigger a strict scrutiny analysis. |
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Term
| How can a town consitutionally address a grwoi ng number of adult theaters & nude dancing venues? |
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Definition
A municipality may use zoning to limit the locations of such establishments as long as the ordinance is:
- designed to promote important government interest such as eliminate or control the secondary effects of such businesses) and
- doesn't prohibit all such entertainment in the community.
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Term
| When will a State law fail under the Supremacy Clause? |
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Definition
| A state law may fail under the Supremacy Clause even if it does not directly conflict with a federal statute or regulaton if it interferes with the achievement of a federal objective or the federal regulations occupy the entire field. Where the federal laws are comprehensive or a federal agency is created to oversee the area, preemption will often be found. |
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Term
| When will a federal court enjoin a pending state criminal proceeding? |
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Definition
| The federal courts will generally abstain from enjoinging pending state criminal proceedings even if they have jurisdiction over the case. The exception to the general rule is that a federal court will enjoin if it is being conducted in bad faith i.e. merely to harass the defendent |
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Term
| Is a regulation of a diet pill that can cause harmful results if taken regularly a constituional? |
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Definition
| Yes because Congress' power to regulate interstate commerce is plenary. Congress has the right to prohibit completely the transportation of "harmful" substances in the channels of commerce. Congress can also otherwise regulate the manufacture and use of harmful drugs as part of its regulation of commerce |
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Term
| What is a political question? |
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Definition
An issue committed to another branch of the federal government and a federal court will not review such an issue.
Political Question also includes issues inherently incapable of resolution and enforcement by the judicial process. |
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Term
| Can a state law be rendered invalid as a violation of the Commerce Clause? |
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Definition
| No. It merely gives Congress the power to act. |
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Term
| Tax or regulation applicable only to States |
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Definition
A federal tax or regulatio that is not applicable to provate businesses and that merely taxes or regulates purely state or local governmental activity may be limited by the Tenth Amendment with the Exceptions as follows:
- Congress may restrict activities that violate civil liberties
- indirectly regulate states through the spending power by imposing conditions on the grant of money
(Crt almost never strikes down on tnth amdmnt grounds thus a choice on the MBE that suggests that the 10th will invalidate the federal action is almost always wrong.) |
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Term
| Mandatory Appeal jurisdiction of the Supreme Court |
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Definition
| Decisions made by 3-judge federal district court panels that grant or deny injunctive relief |
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Term
| What is the discretionary review of the Supreme Court? |
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Definition
Writ of Certiorari
- case will be heard if 4 justices agree to hear it
cases from highest state courts where :
1. constitutionality of a federal statute, federal treaty, or state statute is called into question or
2. a state stute allegedly violating federal law
All cases from te federal courts of appeals |
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