FED CON LAW

Standing

The legal requirement for a person to have a personal injury at stake in order to bring a case to court.

Ripeness

The future state of a case that has been passed but not enacted, indicating that the government is considering legislation.

Mootness

The past state of a case that has already been decided or resolved by the government.

Adequate & Independent State Grounds

The concept that the federal court will not hear cases that have been resolved on adequate and independent state grounds.

Congressional Powers

The powers granted to Congress by the Constitution, including the Tax & Spend, Commerce Clause, Declare War, Foreign Affairs, Aliens, Coin Money, Federal Land.

Commerce Clause

The clause in the Constitution that grants Congress the BROAD power to regulate commerce between states.

·       PLENARY AUTHORITY.

GOODS, WIDGETS.

MAKING, MANUFACTURING, PACKAGING, SHIPPING. 

Tax & Spend

The power of Congress to raise revenue through taxes and spend it for the general welfare.

Necessary & Proper Clause

The clause in the Constitution that grants Congress the power to do whatever is necessary and proper to execute one of their enumerated powers.

Supremacy Clause

The clause in the Constitution that establishes federal law as the supreme law of the land in case of a conflict between federal and state law.

FED LAW WILL PREVAIL.

FED LAW IS THE SUPREME LAW OF THE LAND. 

10th Amendment

FED & STATE REGULATING.

STATE POLICE POWER.

LAW CAN BE MORE RESTRICTIVE AS LONG AS IT IS FOR THE HEALTH, SAFETY, AND GENERAL WELFARE OF ITS CITIZENS.

Commandeering

The concept that Congress cannot require a state to do anything.

Dormant Commerce Clause

The concept that states cannot discriminate against out-of-state businesses, with exceptions for when Congress authorizes it or when the state runs, manages, controls, or dominates a particular business. (MARKET PARTICIPANT)

Full Faith & Credit

The requirement for each state to give full faith and credit to the laws of other states.

Individual Rights

The concept that there needs to be state action for a violation of any individual's rights, and a nexus or financial support between the government and a private person can create a state action.

1ST AMENDMENT

The constitutional protection of speech, which cannot be banned but can be regulated.

Content-Based

The regulation of speech by the government that stops, prohibits, or rejects a particular message, subject to strict scrutiny.

GOV HAS BURDEN TO SHOW MESSAGE IS NECESSARY TO ACHIEVE COMPELLING INTEREST.

Content-Neutral

The regulation of speech by the government that regulates the time, place, and manner of speech, subject to further significant government interest and leaving open alternate means of communication.

Public Forum

The areas such as streets or parks where individuals have the right to engage in free speech, subject to leaving open alternate means of communication.

Non-Public Forum

The areas such as buses or billboards where individuals have limited rights to engage in free speech, subject to being reasonably related to a legitimate government interest.

Unprotected Speech

The types of speech that are not protected by the Constitution, including obscenity, clear and present danger, fighting words, and false or misleading advertisements.

OBSCENITY

PRURIENT INTEREST, OBJECTIVE PERSON APPLYING LOCAL COMMUNITY STANDARDS.  

WORK DEPICTS SEX IN PATENTLY OFFENSIVE MANNER. 

LACKS ANY SERIOUS LITERARY, ARTISTIC, POLITICAL, OR SCIENTIFIC VALUE. 

CLEAR & PRESENT DANGER

INCITES IMMINENT VIOLENT ACTION.

FIGHTING WORDS

HARSH LANGUAGE THAT WOULD INCITE AN AVERAGE TO BECOME VIOLENCE.

COMMERCIAL SPEECH

ANY BUSINESS ADVERTISING.

GOV CAN REGULATE IF THERE IS A REASONABLE FIT TO A SUBSTANTIAL GOV INTEREST. 

Religion

The constitutional protection of religion, including the free exercise clause and the establishment clause.

FREE EXERCISE CLAUSE

GOV MUST REMAIN NEUTRAL. 

NEUTRALITY VS. INTENT

ESTABLISHMENT CLAUSE

NO LEMON TEST. 

HISTORY & TRADITION. 

IS THE ACTION RELIGIOUSLY NEUTRAL?

Equal Protection

The constitutional requirement that a group or class of people should not be treated differently, subject to different levels of scrutiny.

Strict Scrutiny

The highest level of scrutiny applied to laws that treat individuals differently based on race, alienage, national origin, or disability, requiring the government to show that the law is necessary to achieve a compelling interest.

Intermediate Scrutiny

The level of scrutiny applied to laws that treat individuals differently based on gender or illegitimacy, requiring the government to show that the law is substantially related to an important interest.

Rational Basis

The lowest level of scrutiny applied to laws that treat individuals differently, requiring the law to be rationally related to a legitimate government interest.

Due Process

The constitutional requirement that all individuals should be treated the same when it comes to life, liberty, or property.

Substantive Due Process

The protection of all people from having their liberty rights taken away or restricted.

Fundamental Right

The rights, such as interstate travel, free speech, and the right to vote, that are protected by substantive due process and subject to strict scrutiny.

PRIVACY

CONTRACEPTION.

MARRIAGE.

PROCREATION.

EDUCATION.

RAISE FAMILY.

Non-Fundamental Right

The rights that are subject to rational basis review.

Procedural Due Process

The protection of individual rights when the government takes away property rights, requiring notice and a hearing.

Property Rights

GOV JOB. 

LICENSES

BENEFITS. 

Takings Clause

The constitutional provision that allows the government to take private property for public use if they provide full compensation or fair market value.

INVERSE CONDEMNATION

TAKING REDUCES ECONOMIC VALUE OF LAND TO NOTHING.

Ex Post Facto

The concept that the government cannot retroactively make a once legal action illegal.