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Constitutional Law

Federal judicial power
 Requirements for cases and controversies: Standing (imminent personal injury). Causation and
redressability. Ripeness (hardship, fitness). Mootness (excpt: capable of repetition, evading
review; vol. cessation; class action). Political question doctrine (repub. gov’t, foreign policy,
impeachment). No third-party standing (excpt: close relationship, can’t or won’t assert, org.).
 For appeals from state court: no independent and adequate ground of decision.
 Younger abstention: fed’l courts may not enjoin pending state court proceedings.
Federal legislative power
 No general fed’l police power, except MILD (military, indian resvn., D.C., lands & territories).
 Tax and spend allowed for general welfare (distinguish: regulation).
 10th Amdt. limit: Congress cannot directly compel state regulatory or legislative action.
 Leg. vetos and line-item vetos are unconst’l. Congr’l action reqs: bicameralism + presentment.
 Congress may not create agency and appoint officers; appointment power belongs to President.
Federal executive power
 Treaties: Senate approval req’d; trump state laws; last-in-time prevails for fed’l laws.
 Executive agmts.: No Senate approval req’d; trump state laws; never trumps federal laws.
 Can pardon accused or convicted federal criminals; not state crimtes; not civil liability.
 Implied preemption: mutually exclusive; impedes fed’l objective; clear intent to preempt.
 Dormant commerce clause and P&Is of Art. IV.
Structure of the constitutional protection of individual liberties
 State action req’d, unless: performing traditional public fn.; gov’t entanglement w/ priv. act.
 Levels of scrutiny: rational basis test, intermediate scrutiny, strict scrutiny.
Due process
 Procedural due process: deprivation, life, liberty, property; balancing three factors.
 Substantive due process: takings clause, regulated value down to zero, loss in FMV terms;
contracts clause, state interference, existing K, private vs. gov’t Ks; other rights listed.
Equal protection
 Is there a classification? Facial or discriminatory intent + impact.
 Level of scrutiny: Strict (race, nat’l origin, alienage – generally, interstate travel, voting).
Intermediate (gender, illegitmacy, undoc. alien children). Rational basis (aliengage – fed’l reg.
or related to self-gov’t, age, disability, wealth, international travel, all other categories).
First Amendment
 Standards of review: content-neutral (intermediate); subject-matter reg. (strict); viewpoint reg.
(strict); symbolic (impt. intr. + tight fit); obscenity (not protected); profanity and indecency
(normal protection); nonmisleading comm’l speech (intermediate), religious speech (strict).
 Obscenity: 3-part definition, prurient community std., patently off., no social value natl. std.
 Defamation tiers: public official, candidate, figure (malice); private fig. w/ public concern (negl.
for actual, malice for presumeds or punitives); private fig. w/o pub. concern (D’s burden, truth).
 Places available for free speech: public forums & designated public forums (time, place, manner
only; s.m. and viewpoint neutral; impt. govt. purpose; adequate alternatives; no local discretion).
Nonpublic forums (viewpoint neutral, not s.m. neutral, r’ble reg., legit. govt. intr.).

no excessive entanglement (SEX). effect neither advance or inhibit. . Establishment: secular purpose.