Con Law General Rules

Law-based jurisdiction

Federal court jurisdiction over cases arising under the Constitution or federal law

Party-based jurisdiction

Federal court jurisdiction over controversies involving the US

11th Amendment

Prohibits private individuals from suing states for money damages in any court

Case or Controversy

Requirement for a justiciable case or controversy in order for federal courts to have jurisdiction

Standing

Article III requires a person to show injury in fact

Injury in fact

An actual or imminent injury that is direct and personal

Causation

The injury was caused by the challenged action

Redressability

Plaintiff will benefit from the remedy sought in the litigation

Third-Party Standing

A party may have standing to enforce the rights of a third party if a special relationship exists between the claimant and the third party

Organization Standing

An organization has standing to assert claims of its members if the members would have standing to sue in their own right

Ripeness

The controversy must be ripe for decision; bars consideration of claims before they have fully developed

Mootness

If a controversy or matter has been resolved

Political Questions

Federal courts cannot hear cases involving political questions

Political Question

Matter assigned to another branch by the Constitution or incapable of a judicial answer

Abstention

Federal courts may refuse to hear a case with undecided state law issues

Adequate and Independent State Grounds

Supreme Court won't take jurisdiction if state judgment is supported independently

Original Jurisdiction

Supreme Court's jurisdiction over cases involving foreign diplomats and states

Enumerated Powers

Powers explicitly stated in the Constitution

Enabling Clauses

Allow Congress to enforce the 13th

Necessary and Proper Clause

Implied power to make laws necessary to carry out enumerated powers

Channels of Interstate Commerce

Regulation of highways

Instrumentalities of Interstate Commerce

Regulation of cars

Activities Substantially Affecting Interstate Commerce

Regulation of activities with significant impact on interstate commerce

Taxing Power

Congress's authority to impose and collect taxes for general welfare

Spending Power

Congress can spend for general welfare with specific conditions

War and Defense Powers

Congress's authority during wartime for drafting and economic control

Civil War Amendments

Congress's power to regulate states under the 13th

Delegation of Power

Congress can create executive agencies with legislative authority

Chief Executive

The President's role in enforcing laws

Appointment Power

President's authority to appoint high-level officials with Senate advice

Removal Power

President's ability to remove executive appointees with or without cause

Veto Power

President's authority to veto bills

Pardon Power

President's ability to pardon federal crimes

Commander-in-Chief

President's military powers

Treaty Power

President's authority to enter treaties

Executive Agreements

Agreements made by the President with foreign nations

Impeachment Power

House impeaches

Appropriations Power

Congress's authority to direct presidential spending of appropriated funds

Sovereign Immunity

Federal government's immunity from lawsuits without consent

Supremacy Clause

Federal law supersedes state law

Dormant Commerce Clause

Prohibition on states discriminating against out-of-state economic actors

State-Action Requirement

Plaintiff must show governmental action for constitutional claims

Procedural Due Process

Government must provide notice and hearing before depriving life

Substantive Due Process

Protection against laws not rationally related to a legitimate government interest

Federal Jurisdiction

Article III

Jurisdiction of the Supreme Court

Original jurisdiction over cases involving foreign diplomats and states

Powers of Congress

Legislative power sources include enumerated powers and necessary and proper clause

Commerce Power

Congress can regulate interstate commerce channels

Executive Power

President's roles include enforcement

Immunity of Federal Government

Sovereign immunity; federal law supreme over state law

Immunity of State Governments

11th Amendment limits private cause of action against states

Due Process Clause

Protects against deprivation of life

Fundamental Rights

Includes rights related to contraception

Separation of Powers

Division of governmental powers among branches to prevent abuse

Legislative Power

Congress' authority to pass laws that don't violate constitutional rights

26th Amendment

Grants citizens 18+ the right to vote

Reasonable Residency Requirements

Constitutional restrictions for voter eligibility

Regulation of Voting Time

Constitutional restriction on when votes can be cast

Denial of Felon Voting Rights

Constitutional restriction on felons' voting rights

Property Ownership Requirement

Unconstitutional restriction for school board election voters

Uniformity in Vote Counting

Unconstitutional standard for vote counting

Fundamental Rights Nuance

Court-created nuances to fundamental rights

Right to Die

Non-fundamental right to refuse medical procedures

5th Amendment Takings Clause

Government compensation for property taken for public use

Direct Government Appropriation

Government physically taking property

Regulatory Taking

Government regulation effectively taking property

Balance of Economic and Physical Impact

Consideration of impact on property owners by government regulations

Conditional Permits

Permits for land development with specific conditions

Equal Protection Basis

Legal basis for equal protection in federal and state governments

Rational Basis Review

Standard for challenging government measures

Intermediate Scrutiny

Standard for government measures related to important interests

Strict Scrutiny

Standard for government measures serving compelling interests

Suspect Classifications

Classes facing strict scrutiny in legal challenges

De Jure Segregation

Deliberate racial segregation by law

De Facto Segregation

Racial segregation in practice

Affirmative Action Justifications

Compelling interests for affirmative action programs

Resident Aliens Discrimination

Strict scrutiny for state discrimination against resident aliens

Illegitimacy Discrimination

Intermediate scrutiny for government discrimination based on illegitimacy

Privileges or Immunities Clause

Limited rights protected under the 14th Amendment

Article IV

Section 2 P&I Clause

Invalid Non-Resident Discrimination

Forms of discrimination prohibited under P&I Clause

Corporation Rights

Corporations not protected under certain clauses

Contract Clause

State legislation impact on contract modifications

Ex Post Facto Laws

Statutes affecting crimes committed before their enactment

Bills of Attainder

Legislative punishment without judicial trial

Establishment Clause

Legal principles regarding religious preferences in laws

Bremerton School District

Specific case where Lemon Test was deemed abandoned

Originalist Approach

Interpreting the Establishment Clause based on historical context

Coercion

Examining potential for force or pressure in religious matters

School Prayer

Prayer in public schools is unconstitutional

Period of Silence

Silence for meditation or voluntary prayer at schools

Ten Commandments Display

Posting Ten Commandments on classroom walls

Non-Denominational Prayer

Prayer by a cleric at a graduation ceremony

Religious Club Meetings

Religious club holding meetings in a public school

State Curriculum

State cannot include religious classes in public schools

Government Endorsement

Examples of constitutional and unconstitutional actions

Tax Exemption for Religious Institutions

Property tax exemption for religious institutions

Government Aid to Schools

Permissible and impermissible government funding for schools

Public Services via Religious Institutions

Constitutionality of government-funded programs by religious organizations

Free Exercise Clause

Absolute protection of religious beliefs