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Constitutional Law by Mind Map: Constitutional Law
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Constitutional Law

33 Questions 4 Areas Judicial Reviews Checks and Balancing Federalism Individual Rights - Most Important (1/2 Questions)

Federal Court Jurisdictions

Types

Limitations

US Supreme Court

Separation of Powers

Congressional Power

  Must have a source of power to legislate which is either   Enumerated powers Enabling clause (13-15) Necessary and Proper Clause (help execute another power)  

Executive Power

Checks and balances

Federalism

Immunity of Federal Government

Federal Govt cannot be sued Federal law is supreme ove state law

Immunity of State Government

A state is immune from federal taxation of [1] essential government function or [2] Unique State Activities Anti-commandeering Doctrine - 10th amendment - Fed govt cannot force states to [1] pass a law or [2] enforce a law. It is not commandeering to forbid the states from doing something

Authority Reserved for the States

Preemption

In conflicts between state and federal laws, federal will win.

Retroactive

State Action is Required

Public Function Theory Significant State Involvement theory  

Contract Clause

STATE ONLY severity of imparement vs government interest Article I, Sec 10 - "No state shall pass any law impairing the obligation of the contracts" EXCEPTION: A private k may be modified by a state legislation under its police power when [1] necessary to serve an important and legit. pub interest AND [2] the regul. is reasonable and narrowly tialored to promote the interest.

Ex Post Facto Laws

not a crime when committed greater punishment decreases the amount of evidence required extends the statute of limitation

Bill of Attainder

Specifically naming someone/gropu

Due Process

Which Provisions to Rely On?

State = 14th Amendment Federal = 5th Amendment

Content of the Rights

Equal Protection of the Laws

Suspect Classifications

Govt proves Substantially related Important Interst Includes [1] Sex [2] Illegitimacy [3] education for illegal alien children

Privileges and Immunities

First Amendment

Freedom of Religion

Freedom of Expression

Constitutional Powers

10th

10th = State/City police powers to health safety, morals, and welfare  

Priv. and Imm. Clause of Article IV

NOTE: Make sure it is "out of state citizen vs. state" and not "in state citizin vs. state" States cannot discriminate against out of state actors. If - there is an undue burden on interstate commerce then use one of these two tests: [A] facially discrimination -Least Restrictive Means Test - Must [1] serves a compelling interest and [2] no other ways to meet the interest. [B] incidentally burdens -must be balanced Exceptions Congressional Authorization or Market Participation Rule

5th

Due Process  

11th

A state may not be sued in federal court by its own citizen or citizen of another state Exceptions: [1] state may be sued by another state [2] Congress may waive states 11st amendment immunity under the enforcment clause if (civil rights violation or fundamental rights violation)

13th

Racial Discrimination

14th

States DPC

15th

Right to Vote