Federal Judicial

Standing
Federal Legislative Power: power of congress to regulate commerce clause, anything
that is necessary and proper for the congress clause, express or implied
congressional powers, and naturalization immigration

Limits on the Fed Power: states powersfed gov is limited by the 10th A state
police power

If the state is acting: they get their power through 10th A (reserved power for the
states)

Restriction on the states power: preempted by the fed gov, commerce clause, priv
and immunities clause

Procedural Due Process: notice and opportunity to be heard
Sub Due Process: around before equal protection fundamental right, intermediate
right, or economic right (determines level of scrutinity)

Equal protection: state action actionno state shall; individuals can discriminate
but state cant

1st A
A3: Cases and Controversies
1st issue: standing
individual: imminent injury & causation & redressibility
3rd party: association standing and whether an association can bring an
action on your behalf

Ripenesswhen it says declaratory judgment (asking the court to make a
desciion before they case is fully matured)

Mootnesshas to be a live ongoing injury (ex. P wants to bring an action on
late term abortion)

JX SCT-writ
Leg Power of Fed Gov
authority: express/implied
necessary and proper
Lemon test
miller test
wickard
you can do anything that is necessary and propery
restriction10th A state
2 stage process
lopez1) whether the law is suf related to congressional power (legislative
intent/history directly suggests that congress is trying to regulate commerce)
2) if it does not suggest then the law will not survive constitutional challenge
is the fed gov commandeering the state to do the fed gov bidding (ny
v. us) show that congress is commandeering a state agency to take fed actioncant
mae the states enforce fed congressional mandate
LOPEZ & US V NEWYOKR

state police powers: regulate healt safety and welfarerestrictions : supremecay
clause and dormant commerce clause

dormant cc: does the state action
1) disc against out of state commerce & place an undue burden on interstate
commerce if yes then the law is unconstitutional

if no---places a burdenthen must balance the burden against the benefit
does it require national uniformity? one big fed law bc every state is difthen that
invokes supremacy clause

priv and immunities clauseall the individs of each state have to have same priv
and imm of those of other states; cant discriminate against out of staters
3 levels of scrutitny
rational basis
a law will be upheld if its rationally related to a legitm gov purpose and
means ends
rati relation betw what trying to achieve and how

intermediate: gender disc, illegitimacy
woman can be disc against if its subs related to an important gov purpose
test: obj of gov action and means used to reach that gov objand subst related to
gov purpose

strict: upheld if necessary to achieve a compelling gov purpose
whats gov obj and p interest and is there a less restrictive alt

--
procedural due process: notice and opp to be heard before taking away life lib and
pursuit of happiness

3 prong test

Taking: is there a taking, public use, just compensation, and zoning
if they zone no commercial and no signare they discr based on religion, is this
commercial speech
--
substantive due process (pre equal protection)
right to travel, voting, first am, and privacy
strict : marriage, procreation
right to abortion: not a fundamental right nadn not strict scrutityn
can all b gender illegiate: intermediate sctu
--
equal protection: 4 prong
state action; is the classification discriminatoryall laws classify (whats the subj
being classifceid: race, gender, alienage, economic rights, age)private ppl can do
whatever
is the class discriminatory
what scrutinty needs to be applied
has gov met their level of scrutinty

discirinatoy: can be facially neautral but have discrimaintlroy impact
if has impactcould be strict
or dcidrimatyro intent
or discrim at applied

strict gov: gov intent, p intrest, less ret alt

any other classification is rational bsis; sexual orientation, age
sexual orientation is rational basis test however it could be evaulatied to ahigher
level of scrut if you have immuniable characteristics, poor political represation,
discriminatio of the pass. the court hasnt add to any more categories of equal protec
in many yrs

free speech (6 prong test)
1) is it a form of prior restraint (trying to stop you from speaking before you have a
chance)
if given an injunctioncontent based
once an injunction been issued must you administrative remedies
2) is the statute vague or overbroad
vague: person of ordinary intent wouldnt undertand
overbraod: overinclusiveppl whos rights whos rights b protect and ppls
rights unprotect
if on its facethen its void
3) regualtin time place and manner or content
TPM:
content; look at sppeach nad dont like what talking about
4) where sppech is given
5) whats stand of reviewstrict scruti: les restrict altern
6) full consitutioanl protection on speech
illegal actiondont get full
brandebergur (4 prong test)
defamation not given full protection
obsencitn and sexual orient speech dont get (miller testmaterial must
appear to pureain interetst in sex taken as awhole and portrayed in patently
offenseive way)
FIGHTING WORDS: dont have a right is the speech likely to incitie physical
retialiation not fully protected
HOSTILE AUDIENCE: must subdue audience before silence ethe speaker
COMMERCIAL speech not fully protectedcant be misleading or fraudeltnet
SYMBOLIC SPEECH: burning flags/crosses/
Obrien
1st A freedom of association anyone who donates to a church or orgaization
sends to terrorits
FREEDOM OF RELIGION
balance the free exercise of against the establishment caluse
witht eh free exercise of relig are we establishing religion are we preventing ht
efree exercise of
free exercise clause: absolute freedom to believe but congress can regulate conduct
of belief
strict scruti

establishment clause: is the gov /state establsihign religion
ar we intentfering we free exercise of relgion and two are we buy moving
graduation establishing religion
estbclasuse : LEMON TESTthe law must have a secular purpose, purseo to
adavance religion most not be excessive intanglements