PMBR Cons Law

23/33 average

Judicial Review

Case and controversy Rqmt:
Actual and definite dispute between paties who have adverse legal interests
Fed court: No opinion
State court: may grant opinion

Ripeness:
To be ripe there must be a genuine immediate threat of harm.
1. B case is not ripe
2. Political Question
Non-judicial question committed by other branch of power

Foreign affair:
generally controlled by Congress and President

CON LAW Essay: Standing is 1st issue
standin: P must establish concrete personal stake in the outcome:
1. Injury in fact
2. Causation/redressibility -- P must show the harm redressable.

2. Nationwide has standing (injury, causation)
political question is correct answer

3. Fed Tort Claim Act
Fed gov only; Not official
to recover for damages for pers injury, pprty loss
D is correct
4. standing

5. Mootness: case is moot unless an actual controversy exist at all stage reviews

Fed court will not hear case if it is pending state proceeding decision
14th A EP based on gender

6.President may issue an executive order to ensure efficient operation of executive agency
No unfettered congress power

7. Presidential pardon for fed crime only

8. Hiarchy of LAW
1. Constitution
2. Act of congress/ Treaty (latest in time wins)
3. Executive Agreement( foreign)/ order(domestic)
4. State law

8. 1st A supersedes executive order ==> D
9. President appoints officer of US who is member of agency and has administrative /enforcement power
Congress cannot appoint US officer ==> A
10. executive order is lower than congress act ==> C
11. Supremacy Clause
1. Fed law superseds any state law in direct conflict
2. Preemption:
Any sate law in an ares where congress intend to occupy the field

C==> supersedes
12. Health & safety:
State may enact law more stringent than fed law
13. 11th A immunity to sate
A state may not be sued in fed court by state citizen or citizen of other state w/o state consent
Congress lack of power to override state 11th A Immunity from law suit
14. Testimonial privilege: speech/debate on legislative floor
tort and conlaw cross ==> defam of public figure requires malice ==> both have No liability
15. Congress has exclusive tax and spending power to serve general welfare.
buzzword: "appropriate" == Tax and spending power
==> B
16. Art 3-sect 1 : Judicial power vested in 1 spreme court and lower fed courts.
Congress has plenery power over lowwer fed courts (district,appeal)and can confer or remove jurisdiction

==> C
Most cases these are WRONG ANSWERs:
1. general welfare clause: not independent power; tax & spending is OK
2. Necessary and proper
3. 14th A P&I always wrong; protect rts of national citizenship
4. Article 4 P&I:prevent econ discrimination from one state against citizen or other state
5. K clause: applies only to state not Fed

6. Ex post facto Law: criminal only
7. Bill of Attainder
8. Right vs. Privilege ==> always wrong
9. 11th A weak limitation on fed

COMMERCIAL POWER
CONGRES MAY NOT PASS LAW TO REQUIRE STATE TO PASS THE FED LAW. THIS VIOLATES 10TH A
(State sovereignty)
17. Congress has power of disposal of property
Property Power:
- wild animal
-Military Ship/airplanes
-Fed bulding/enclaves
-Indian Reservation
18. Congress has War power - even after the war is over ==> C
19.
20. Congress has enumerated power to setup post office
21. Commerce Clause
Congress may regulate any activity that has substantialy economical effect in interstate commerce
22. No EP ==> any auto
==> B
23. 10 A wrong
No sub econ effect ==> C
24 EP Page 7
STRICT SCRUTINY(necessary to further a compelling sate interest)
BURDEN: STATE
SUSPECT CLASS: (R A N) RACE ALIENAGE NATIONAL ORIGIN
FUND RTS:
TO VOTE
TO TRAVEL
RT TO PRIVACY (CAMPER)
-contraception
-abortion
-marriage
-procreation
-education(private)
-relation(family)

PROTECTED 1ST A RTS

INTERMEDIATE SCRUTINY (subly related to an important gov objective)
BURDEN: STATE
-genders
-Illegitimacy
-Children of illegal Aliens
RATIONAL BASIS(rationally related to a legitimate state interest)
BURDEN: P
-pub education
-social economic measures
-housing
- age
-poverty
-wealth
-mental retardation
-necessity

CON LAW APPROACH
1. WHO PASSING THE LAW
2. SUBJECT MATTER OF QUESTION
3.MATCH THE APPROPRIATE POWER OF REGULATION

TO UPHOLD FED STATUTE
1. SUPREMACY CLAUSE 11TH A
2. ENUMERATED POWWER OF CONGRESS
3. FED PROPERTY POWER

TO UPHOLD FED STATUTE
1. DORMANT COMMERCE CLAUSE
a. non-discriminatory
b. No undue burden on IC
2. POLICE POWER - HEALTH & SAFETY
WELFARE, MORALS, AESTHETICS

Rsnble interest = Pocice Power

26 pub education==> not fund rts
30. rt to be a candidate ==> Not fund rt
Rt to vote: fund rt
31. age: not rational
32. geographic discrimination= strict scrutiny
-use rational basis b/c statewide

33. Funf Rt to vote
34. econ rt/liberty
A recreation, nonecon ==> comm power
35.Procedure Due Process
Notice and a hearing wherever serious of deprivation of any life, liberty, pperty interest
35. refuse hearing ==> PDP
36. Taking: regulation that denies owner all rsnble economical viable use of his land
inverse condemnation: by regulation
37. Val Police Power
10th A generally wrong
K clause generally wrong
No due process
38. Ex Post Facto
crim law: retroactive law
- not crime when committed
- increase punishment for the act
-change procedure for conviction
39 A
40. 1st A
Render void on its face
1. overbreadth
2. vagueness: unclear defined
3. Prior Restrain: un constitutional
4. Unfettered discretion: "Mayor determine qualification"
Pub Speech:
-content neutral
-narrowly tailored
- further significant gov interest
==> D
43. Content specific
sing religious song
protected
==> Strict S
EP not necessary to analyze ; 1st A is stronger
44. 21st A reg adult speech
obsenity= unprotected speech
1. appeal to one's prurient interest in sex act
2. Depict sexual cduct in a patently offensive way
3. lack seriuos literary, artistic, political or scientific value
46. 1st A> EP
47 . Gov reglation burden : free speech exercise may not be religion related. However, religious cduct may be regulated.
48. 2 issues: Free exercise of religion and Due Process Right
Purposeful Interference : SS applies
INcidental Burden: NO SS usually upheld use rational basis
49. Pol power: safety interest ==> rational basis
necessaru and proper: fed not state
50. NOT violate Establishment clause
-pripary purpose must be secular
-neither inhibit nor advance religion
-gov not entangle with religion