Constitutional Law CA BAR PREP

williamlok's version from 2016-07-22 01:17


Question Answer
Standing(1) injury in fact, (2) causation, (3) redressability
Third Party Standing(1) close relationship; (2) injured party unlikely to assert rights.
Organizational Standing(1) individual members have standing; (2) interest germane to organization; (3) individual members need not sue.
Ripeness(1) suffer harm if review denied
Mootness(1) actual controversy at every stage
Political Question(1) republican form of gov't; (2) challenges to POTUS's conduct of foreign policy; (3) challenges to impeachment and removal process; (4) challenges to partisan gerrymandering.
11th AmendmentSovereign immunity: (1) waiver by state; (2) pursuant to section 5 of 14A; (3) by the federal government; (4) bankruptcy proceedings
Congress Police Power(1) military; (2) indian reservation; (3) federal land or property; (4) washington dc
Commerce Clause(1) instrumentalities of commerce; (2) channels of commerce; and (3) commercial activities that have a substantial economic effect on interstate commerce
Implied Preemption(1) state and federal law are mutually exclusive; (2) state law conflicts with federal objective; (3) clear intent of Congress to preempt
Dormant Commerce Clause(1) state cannot place undue burden on interstate commerce; (2) burden exceeds benefit
State taxation(1) substantial nexus to the state
Strict scrutinyNecessary to achieve a compelling government purpose
Intermediate scrutinySubstantially related to achieve an important government purpose
Rational basisRationally related to a legitimate government purpose
Procedural due process(1) importance of interest to individual; (2) ability of additional procedures to increase the accuracy of fact-finding process; and (3) government's interest in fiscal and administrative efficiency
Substantive due proess(1) whether gov't had right to take away person's right; SS or RB
Equal protection(1) whether government is treating people differently; depends on classification; discrimate impact and discriminatory intent if facially neutral
Takings clause(1) possessory taking; (2) regulatory taking
Free speech step 1(1) overbreadth; (2) vague; (3) prior restraint
Free speech step 2Content neutral vs. content based restriction
If content neutral strictionTPM: figure out the forum
Public/designated public forumUse IS if (1) content neutral and (2) leaves open alternative channels of communication
Limited/non-public forumUse RB if (1) viewpoint neutral
Non-protected speeches(1) incitement of illegal activity; (2) obscenity and sexually oriented speech
Incitement of illegal activity(1) substantial likelihood of imminent illegal activity; (2) speech directed at causing imminent illegality
Obscene Speech(1) whether materials appeal to prurient interests; (2) patently offensive under the law prohibiting obscenity; and (3) lacks serious redeeming artistic, literary, political, or scientific values
Commercial speech(1) not misleading or fraudulent; narrowly tailored but does not need to be least restrictive means
Freedom of association(1) actively affiliated with the group; (2) knew of illegal activities; (3) specific intent to further those activities
Free exercise clause(1) religious belief; (2) sincerity of religious belief (law of general applicability)
Establishment clauseLemon test (1) secular purpose; (2) neither promotes or inhibits religion; (3) no excessive entanglement

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