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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


Constitution, federal law, treaties

ambassadors, public ministers


US a party

between factors

between state and citizen of another state



Case or controversy, real disputes, adverse parties, can be resolved by judicial decree




standing, Third Party, Association, Elements, redressability, Injury in fact, causation

political question

US Supreme Court

Original Jurisdiction

Appellate Jurisdiction

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)  


Powers, Commerce Power, Taxing Power, Spending Power, War and Defense Power, Other Powers

Executive Power

Chief Executive, Enforcement Power, Appointment Power, Removal Power, Veto Power, Pardon Power, Executive Privilege

Commander in Chief, Military Powers

International Affairs, Treaty Power, Executive Agreement

Checks and balances

Congressional Limits on the Executive

Presidential Limits on Congress

Judicial Limits on congress/President


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

Dormant Commerce Clause, State Tax - interstate, Market Participant Exception


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


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

Procedural Protection, Life Liberty or Property, What Process is Due

Substantive Protection - CAMPER, Economic Regulation, Fundamental Rights, Abortion with Undue Burden, Family Relations, Sexual Orientation, Other Rights, Right to Vote

Equal Protection of the Laws

Suspect Classifications

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

Strict Scrutiny, Race, State - Alienage, Due Process, Exception - Neutral on Its Face

Intermediat Scrutiny, Illegitimacy, Gender, Illegal Alien Children, Affirmative Action

Rational Basis, Federal - Alienage, Age

Privileges and Immunities

14th Amendment

Commity Clause, Article 4

First Amendment

Freedom of Religion

Establishment Clause, Strict Scrutiny or Lemon Test, Religious Activities conducted at public School, Government Aid to School

Free Exercise Clause, Beliefs, Conduct

Freedom of Expression

Permissible Regulation of Speech, Strict Scrutiny, Content Based, View Point Based, Exceptions, Conduct regulation, Govt as Speaker, Unprotected Speech, Rational Basis, Quasi Protected Speech, Commercial Speech, Sexual or Indecent Speech, Time, Place, and Manner

Public Employment

Prior Restraint, Overbreadth, Vagueness, Unfettered Discretion by licensing official


Constitutional Powers


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


Due Process  


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)


Racial Discrimination

Enabling Clause


States DPC


Right to Vote