Professor Gould's Bar Examination Flash Card Webinar Series
CONSTITUTIONAL LAW
CONSTITUTIONAL LAW
FLASH CARDS
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Professor Gould's Bar Examination Flash Card Webinar Series
CONSTITUTIONAL LAW
CONSTITUTIONAL LAW
SHOPPING LIST
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Professor Gould's Bar Examination Flash Card Webinar Series
CONSTITUTIONAL LAW
CONSTITUTIONAL LAW SHOPPING LIST
1. JUSTICABILITY
2. STANDING
3. GOVERNMENT POWERS
4. GOVERNMENT IMMUNITY
5. STATE ACTION REQUIREMENT
6. ARTICLES CLAIMS
7. FIRST AMENDMENT CLAIMS
8. FIFTH AMENDMENT CLAIM
9. FOURTEENTH AMENDMENT CLAIMS
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CONSTITUTIONAL LAW
PREAMBLE ISSUES FOR
ESSAYS
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CONSTITUTIONAL LAW
PREAMBLE ISSUES FOR ESSAYS
JUSTICABILITY.
ARTICLE III, SECTION 2.
REAL, LIVE CASE OR CONTROVERSY.
NO POLITICAL QUESTIONS OR
ADVISORY OPINIONS.
FEDERALISM. If Claim is Filed in State Court.
ABSTENTION.
STANDING.
INJURY IN FACT.
Imminent Injury.
CAUSATION.
INDIVIDUATION.
Jus tertii.
Organizations.
Taxpayer Suits.
REDRESSIBILITY.
RIPENESS.
MOOTNESS.
GOVERNMENTAL POWERS.
STATES, 10TH AMENDMENT. Broad.
Limitation on Federal Action for Regulation and
Grants.
FEDERAL, ARTICLES I AND IV. Limited and
Enumerated.
11th AMENDMENT STATE IMMUNITY.
EXCEPTIONS. State Officers, Municipalities,
Sub-Divisions, State Consent, Injunctive and
Declaratory Relief, Congressional Removal of
Immunity for 14th Amendment Suits.
STATE ACTION REQUIREMENT.
PUBLIC FUNCTION DOCTRINE.
STATE INVOLVEMENT DOCTRINE.
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CONSTITUTIONAL LAW
ARTICLE I
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Professor Gould's Bar Examination Flash Card Webinar Series
CONSTITUTIONAL LAW
ARTICLE I
FEDERAL LEGISLATIVE POWER.
ARTICLES I AND IV.
SPECIFIC, LIMITED, ENUMERATED POWERS.
CANNOT VIOLATE OTHER PARTS OF CONSTITUTION.
MAY REGULATE FEDERAL LANDS.
NECESSARY AND PROPER CLAUSE. Not an Independent Source of
Power.
DELEGATION OF LEGISLATIVE POWER. Clear and Intelligible
Standards, and Powers Delegated are Not Uniquely Held by Congress.
May Not Usurp Power from Other Branches.
TAXING AND SPENDING POWER. Tax and Spend for General
Welfare. Conditional Spending Power for Federal Funds, as Long as
Conditions are Related to Purpose of Funds and Conditions are Clearly
Articulated.
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CONSTITUTIONAL LAW
ARTICLE I, con’t
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CONSTITUTIONAL LAW
ARTICLE I, con’t
VETO POWER.
Article I, Section 7.
Legislation Passed by Both Houses Present to President.
If Affirmed, then Made Law.
If Not Affirmed, then Returns to Original House of Congress,
and May Override Veto by Two-Thirds Vote.
If President Fails to Take Action Within Ten Days, Bill Becomes
Law.
POCKET VETO. If Less than Ten Days in Session of Congress,
Bill Fails to Become Law Under a Pocket Veto.
LEGISLATIVE VETO.
Unconstitutional.
Where Congress Attempts to Overturn Executive Action without
a Bicameral Passage by the House of Representatives and the
Senate, or Presentment of the Bill to the President for Signature
or Veto.
ARTICLE IV, FEDERAL PROPERTY POWER.
Congress May Regulate All Federal Property.
COMMERCE CLAUSE.
Under Article I, Section 8, the Commerce Clause, Congress
May Regulate:
CHANNELS.
INSTRUMENTALITIES.
PERSONS AND THINGS.
SUBSTANTIAL EFFECT. Cumulative Impact Test,
Affectation Doctrine.
TENTH AMENDMENT LIMIT ON FEDERAL
POWERS.
BROAD POLICE POWER OF STATES TO REGULATE.
LIMITATION ON FEDERAL ACTION. Congress May Not
Compel State Regulatory or Legislative Action, or Otherwise
Commander States to Enforce Federal Legislation. Federal
Grants Must Have Clear Conditions Relating to Purpose of
the Grant. Congress May Prohibit Harmful Commercial
Activity, and Enforce Regulations of General Applicability.
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Professor Gould's Bar Examination Flash Card Webinar Series
CONSTITUTIONAL LAW
FEDERAL EXECUTIVE
POWERS
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CONSTITUTIONAL LAW
FEDERAL EXECUTIVE POWERS
FEDERAL EXECUTIVE POWERS.
ARTICLE II.
FOREIGN POWER / TREATIES.
EXECUTIVE AGREEMENTS.
COMMANDER-IN-CHIEF.
DOMESTIC AFFAIRS.
APPOINTMENT POWER.
REMOVAL POWER.
IMPEACHMENT.
PRESIDENTIAL IMMUNITY.
PRESIDENTIAL PRIVILEGE.
PARDONING POWER.
VETO POWER.
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CONSTITUTIONAL LAW
ARTICLE III COURT POWERS
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CONSTITUTIONAL LAW
ARTICLE III COURT POWERS
SUPREME COURT REVIEW.
11TH AMENDMENT IMMUNITY
ARTICLE III COURTS.
/ SUITS AGAINST STATE
ORIGNAL AND EXCLUSIVE JURISDICTION FOR SUITS GOVERNMENT.
BETWEEN STATES,
EXCEPTIONS. State Officers,
WRIT OF CERTIORARI.
Municipalities, Sub-Divisions, State
JUDICIAL REVIEW.
Consent, Injunctive and Declaratory
MANDATORY REVIEW FOR 3-JUDGE FEDERAL COURT. Relief, Congressional Removal of
FINAL JUDGMENT RULE.
Immunity for 14th Amendment Suits.
ADEQUATE AND INDEPENDENT STATE GROUNDS.
ABSTENTION DOCTRINE.
PULLMAN DOCTRINE.
YOUNGER DOCTRINE.
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CONSTITUTIONAL LAW
INTERGOVERNMENTAL
ISSUES
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Professor Gould's Bar Examination Flash Card Webinar Series
CONSTITUTIONAL LAW
INTERGOVERNMENTAL ISSUES
INTERGOVERNMENTAL IMMUNITY.
FEDERAL IMMUNE FROM STATE TAX / REGULATION.
STATE MAY TAX FEDERAL CONTRACTORS.
FEDERAL MAY SUE STATES.
STATES MAY SUE EACH OTHER.
STATE TAXATION OF INTERSTATE COMMERCE.
STATE TAX MUST BE REASONABLE AND NON-DISCRIMNATORY.
SUBSTANTIAL NEXUS BETWEEN STATE INTEREST AND ACTIVITY TAXED.
RATIONAL FORMULA TO APPORTION TAXES.
GOODS MAY BE TAXED AT BEGINNING AND END.
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CONSTITUTIONAL LAW
PLAINTIFF’s CLAIMS BASED
IN ARTICLES
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Professor Gould's Bar Examination Flash Card Webinar Series
CONSTITUTIONAL LAW
PLAINTIFF’s CLAIMS BASED IN ARTICLES
COMMERCE POWER.
ARTICLE I, SECTION 8.
CHANNELS.
INSTRUMENTALITIES.
PERSONS AND THINGS.
SUBSTANTIAL EFFECT ON INTERSTATE COMMERCE.
Impact Test, or Affectation Doctrine.
Cumulative
DORMANT COMMERCE CLAUSE.
ARTICLE I, SECTION 8.
STATE REGULATION AFFECTING INTERSTATE COMMERCE.
BALANCING TEST. Burden on Interstate Commerce Must Not Exceed the
Benefits of the Regulation, Unless the Regulation is Necessary to Achieve an
Important Government Interest, with No Less Restrictive Alternatives.
CORPORATIONS AND ALIENS. Allowed.
MARKET PARTICIPATION EXCEPTION.
COPYRIGHT 2010 PROFESSOR GOULD, J.D. , M.A.
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CONSTITUTIONAL LAW
PLAINTIFF’s CLAIMS BASED
IN ARTICLES, con’t
COPYRIGHT 2010 PATRICK GOULD, J.D. , M.A.
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CONSTITUTIONAL LAW
PLAINTIFF’s CLAIMS BASED IN ARTICLES, con’t
ARTICLE IV PRIVILEGES AND IMMUNITIES CLAUSE.
Discrimination by a State Against Non-Residents.
FUNDAMENTAL RIGHTS. Earn a Livelihood, Acquire and
Possess Property, Travel or Reside in State for Purposes of
Trade, Court Actions, Taxes, Civil Liberties, or Other Important
Economic Interests.
REGULATION ALLOWED IF: Necessary to Achieve an
Important Government Purpose, and There are No Less
Discriminatory Alternatives. Differential Standards Related to
Professions, Tuition and Licenses is Allowed.
NO CORPORATIONS OR ALIENS.
SUPREMACY CLAUSE / FEDERALISM.
PREEMPTION / SUPREMACY CLAUSE.
EXPRESS PREEMPTION.
IMPLIED PREEMPTION.
STATE TAXES ON FEDERAL ACTIVITY.
CONTRACTS CLAUSE.
Article I, Section 10.
PRIVATE CONTRACTS.
GOVERNMENT CONTRACTS.
EX POST FACTO REGULATIONS.
BILLS OF ATTAINER.
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CONSTITUTIONAL LAW
RIGHTS OF INDIVIDUALS
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Professor Gould's Bar Examination Flash Card Webinar Series
CONSTITUTIONAL LAW
RIGHTS OF INDIVIDUALS
BILL OF RIGHTS.
FIRST TEN AMENDMENTS.
Directly Applicable to the Federal Government.
SELECTIVE INCORPORATION VIA 14TH AMENDMENT.
Due Process Clause of 14th Amendment.
Makes Some of the Bill of Rights Applicable to States.
NOT INCORPORATED. 2nd Right to Bear Arms, 3rd Right
Against Quartering Soldiers, 5th Right to Grand Jury Indictment
in Criminal Trials, 7th Right to a Jury Trial in Civil Cases, and
8th Right Against Excessive Fines.
COPYRIGHT 2010 PROFESSOR GOULD, J.D. , M.A.
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CONSTITUTIONAL LAW
LEVELS OF REVIEW
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Professor Gould's Bar Examination Flash Card Webinar Series
CONSTITUTIONAL LAW
LEVELS OF REVIEW
RATIONAL BASIS REVIEW.
RATIONAL RELATIONSHIP. Means to Ends Test.
LEGITIMATE GOVERNMENT PURPOSE.
BURDEN ON PLAINTIFF.
FATAL TO PLAINTIFF.
INTERMEDIATE LEVEL HEIGHTENED REVIEW.
SUBSTANTIAL RELATIONSHIP. Means to Ends Test.
IMPORTANT GOVERNMENT PURPOSE.
BURDEN ABOUT EQUAL.
RESULT ABOUT EQUAL.
STRICT SCRUTINY REVIEW.
NECESSARY RELATIONSHIP. Means to Ends Test.
COMPELLING GOVERNMENT PURPOSE.
NO LESS RESTRICTIVE ALTERNATIVES.
BURDEN ON PLAINTFF.
FATAL TO GOVERNMENT.
COPYRIGHT 2010 PROFESSOR GOULD, J.D. , M.A.
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CONSTITUTIONAL LAW
FIRST AMENDMENT RIGHTS
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Professor Gould's Bar Examination Flash Card Webinar Series
CONSTITUTIONAL LAW
FIRST AMENDMENT RIGHTS
FIRST AMENDMENT.
SELECTIVE INCORPORATION TO STATES VIA
THE DUE PROCESS CLAUSE OF THE 14TH
AMENDMENT.
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Professor Gould's Bar Examination Flash Card Webinar Series
CONSTITUTIONAL LAW
FREEDOM OF EXPRESSION
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Professor Gould's Bar Examination Flash Card Webinar Series
CONSTITUTIONAL LAW
FREEDOM OF EXPRESSION
FIRST AMENDMENT.
LICENSING STATUTES.
TIME, PLACE, MANNER RESTRICTIONS MUST BE CLEARLY
WRITTEN, AND NARROWLY DRAWN.
COLLATERAL BAR RULE.
NO UNDUE DISCRETION IN LICENSING.
IMPORTANT GOVERNMENT INTEREST, AND REASONABLE
REGULATIONS.
UNPROTECTED SPEECH.
CLEAR AND PRESENT DANGER / IMMINENT INCITATION.
DEFAMATION.
CHILD PORNOGRAPHY.
FIGHTING WORDS.
OBSCENITY.
LOYALTY OATHS.
COMMERCIAL SPEECH.
FREEDOM NOT TO SPEAK.
FACIALLY INVALID STATUTE.
UNFETTERED DISCRETION.
PRIOR RESTAINTS. Chilling Effect.
VAGUENESS.
OVERBREADTH.
COLLATERAL BAR RULE. Court Orders.
FORUMS OF SPEECH.
PUBLIC FORUMS.
NON-PUBLIC FORUMS.
DESIGNATED PUBLIC FOUMS.
PRIVATE PROPERTY. R
PROTECTED SPEECH.
CONTENT-BASED REGULATONS.
STRICT SCRUTINY. Compelling Government Interest, Necessary Means to
Ends Fit, and No Less Restrictive Alternatives.
CONTENT-NEUTRAL REGULATIONS.
INTERMEDIATE / HEIGHTENED SCRUTINY. Important Government
Interest, Met Through Substantial Means to Ends Fit.
SYMBOLIC SPEECH.
MAY REGULATE IF THERE IS IMPORTANT GOVERMENT INTEREST
UNRELATED TO MESSAGE.
PRIOR RESTRAINTS.
REGULATION BEFORE PUBLICATION. Chilling Effect.
STRICT SCRUTINY. Compelling Government Interest,
Necessary Means to Ends Fit, and No Less Restrictive Alternatives.
COURT ORDERS / COLLATERAL BAR RULE.
GAG ORDERS. Balancing of First Amendment Free Speech Rights
Against Sixth Amendment Rights of Criminal Defendant to a Fair
Trial. Must be a Clear and Present Danger to Fair Trial Rights, No
Other Reasonable Alternatives, Injunction Must Protect Defendant's
Rights.
COPYRIGHT 2010 PROFESSOR GOULD, J.D. , M.A.
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Professor Gould's Bar Examination Flash Card Webinar Series
CONSTITUTIONAL LAW
ESTABLISHMENT CLAUSE
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Professor Gould's Bar Examination Flash Card Webinar Series
CONSTITUTIONAL LAW
ESTABLISHMENT CLAUSE
ESTABLISHMENT CLAUSE / RELIGION.
FIRST AMENDMENT.
GOVERNMENT MAY NOT AID, OR HINDER
RELIGION.
LEMON TEST.
1. SECULAR PURPOSE.
2. PRIMARY EFFECT DOES NOT HELP / HINDER
RELIGION.
3. NO EXCESSIVE GOVERNMENT ENTANGLEMENT.
COPYRIGHT 2010 PROFESSOR GOULD, J.D. , M.A.
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CONSTITUTIONAL LAW
FREEDOM OF RELIGIOUS
PRACTICE
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Professor Gould's Bar Examination Flash Card Webinar Series
CONSTITUTIONAL LAW
FREEDOM OF RELIGIOUS PRACTICE
FREEDOM OF RELIGIOUS PRACTICE.
FIRST AMENDMENT.
BONA FIDE / SINCERELY HELD RELIGIOUS BELIEF.
DIRECT BURDENS ON RELIGIOUS PRACTICE.
Strict Scrutiny Test, and Must Have Compelling Government
Interest, Met Through Necessary Means, with No Less
Restrictive Alternatives.
INDIRECT BURDENS ON RELIGIOUS PRACTICE.
Regulation of Conduct Balances Free Exercise of Religion
Against Government Purpose.
Law of General Applicability and Secular.
Rational Basis Test, and Must Have Rational Relationship to a
Legitimate Government Interest.
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Professor Gould's Bar Examination Flash Card Webinar Series
CONSTITUTIONAL LAW
FREEDOM OF ASSOCIATION
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Professor Gould's Bar Examination Flash Card Webinar Series
CONSTITUTIONAL LAW
FREEDOM OF ASSOCIATION
FREEDOM OF ASSOCIATION.
FIRST AMENDMENT.
PROTECTS. Protects Against Governmental
Punishment as Related to Accepting
Government Benefits, Public Employment,
Membership in Various Organizations, and
Group Disclosure.
STRICT SCRUTINY. Must Have Compelling
Government Interest, Met Through Necessary
Means, with No Less Restrictive Alternatives.
EXCEPTIONS. Active Membership in
Subversive Group, Person Knows of the Illegal
Activities, and Person has a Specific Intent to
Further the Unlawful Aims of the Group.
ANTI-DISCRIMINATION.
Anti-Discrimination Regulations May Be
Upheld as Long as They Do Not Interfere
with Intimate Association or Expressive
Activity.
DISCLOSURE OF GROUP
MEMBERSHIP.
Government May Not Inquire Unless Group
Membership Could be Made Illegal,
Otherwise Chilling Effect.
LOYALTY OATHS.
Not Allowed as Condition of Public
Employment, but May be Allowed to
Support Constitution and Oppose
Overthrow of Government.
COPYRIGHT 2010 PATRICK GOULD, J.D. , M.A.
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CONSTITUTIONAL LAW
FREEDOM OF THE PRESS
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Professor Gould's Bar Examination Flash Card Webinar Series
CONSTITUTIONAL LAW
FREEDOM OF THE PRESS
FREEDOM OF THE PRESS.
FIRST AMENDMENT.
Press is Not a Mouthpiece of the Government.
Cannot Be Compelled to Publish without Free Editorial Control.
STRICT SCRUTINY REVIEW. Compelling Government Interest,
Necessary Means to Ends Fit, and No Less Restrictive Alternatives.
RIGHT TO ATTEND TRIALS. For Press and the Public.
NEWSPERSON'S PRIVILEGE.
May Publish Lawfully Obtained Identity Information.
No Privilege to Refuse to Disclose Confidential Information to a Grand
Jury, but States May Enact Shield Laws.
BROADCASTING.
May be Regulated More Closely than Written Press, because of Limited
Number of Broadcasting Frequencies.
COPYRIGHT 2010 PROFESSOR GOULD, J.D. , M.A.
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CONSTITUTIONAL LAW
FREEDOM OF THE PRESS,
con’t
COPYRIGHT 2010 PATRICK GOULD, J.D. , M.A.
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CONSTITUTIONAL LAW
FREEDOM OF THE PRESS, con’t
LIMITS ON ACCESS TO INFORMATION AND TO COURT.
1st and 6th Amendment Rights to a Public Trial.
Ensures Access to the Press and the Public.
FAIR CRIMINAL TRIAL. Defendant's Right to a Fair Trial Must Under the 6th Amendment
Must Not be Unduly Prejudiced.
RESTRICTED INFORMATION. Information May be Restricted in Order to Protect the
Privacy Rights of an Individual, or to Protect the 6th Amendment Trial Rights of a Defendant.
PRIOR RESTRAINTS.
REGULATION BEFORE PUBLICATION. Chilling Effect.
STRICT SCRUTINY. Compelling Government Interest, Necessary Means to Ends Fit, and
No Less Restrictive Alternatives.
COURT ORDERS / COLLATERAL BAR RULE.
GAG ORDERS. Balancing of First Amendment Free Speech Rights Against Sixth Amendment
Rights of Criminal Defendant to a Fair Trial. Must be a Clear and Present Danger to Fair Trial
Rights, No Other Reasonable Alternatives, Injunction Must Protect Defendant's Rights.
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CONSTITUTIONAL LAW
FIFTH AMENDMENT TAKINGS
CLAUSE
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Professor Gould's Bar Examination Flash Card Webinar Series
CONSTITUTIONAL LAW
FIFTH AMENDMENT TAKINGS CLAUSE
TAKINGS CLAUSE UNDER THE FIFTH AMENDMENT.
TAKING OF PRIVATE PROPERTY.
Compensable Taking Includes: Confiscation, Physical Occupation,
Regulation Denying Reasonable Economic Use of Land.
For Regulations a Court Considers: Economic Impact of the
Regulation on Plaintiff, Interference with Distinct Investment Backed
Investments, and Character of Government Action.
Improved Land: Benefit to Landowner Must be Proportionate to
Burden Imposed, Otherwise a Compensable Taking.
FOR PUBLIC PURPOSE.
JUST COMPENSATION. Fair Market Value of Loss.
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CONSTITUTIONAL LAW
FOURTEENTH AMENDMENT
RIGHTS
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CONSTITUTIONAL LAW
FOURTEENTH AMENDMENT RIGHTS
14th AMENDMENT RIGHTS.
ENABLING CLAUSE, SECTION 5.
Congress May Only Provide Additional
Remedies, But May Not Expand Rights.
PROCEDURAL DUE PROCESS.
SUBSTANTIVE DUE PROCESS.
EQUAL PROTECTION.
PRIVILEGES OR IMMUNITIES.
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CONSTITUTIONAL LAW
PROCEDURAL DUE PROCESS
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Professor Gould's Bar Examination Flash Card Webinar Series
CONSTITUTIONAL LAW
PROCEDURAL DUE PROCESS
PROCEDURAL DUE PROCESS.
14TH AMENDMENT.
PROTECTIONS AGAINST ARBITRARY AND CAPRICIOUS
GOVERNMENT ACTION TO DEPRIVE A PERSON OF THEIR
LIFE, LIBERTY OR PROPERTY.
GOVERNMENT MUST PROVIDE FAIR PROCESS AT
MEANINGFUL TIME AND IN A MEANINGFUL WAY,
BEFORE DEPRIVATION OF LIFE, LIBERTY OR PROPERTY.
DUE PROCESS PROTECTIONS.
DETERMINED BY:
IMPORTANCE OF INTEREST TO
INDIVIDUAL.
RISK OF ERRONEOUS DECISION.
ADMINISTRATIVE BURDEN.
DUE PROCESS PROTECTIONS INCLUDE:
Attorney, Hearing, Witnesses, Evidence, etc.
PROPERTY INTERESTS.
CLEAR ENTITLEMENT.
REASONABLE EXPECTATION OF CONTINUATION OF
BENEFIT. Examples Include: Welfare Benefits, Driver's License,
Public Education, Public Employment where Employee Can Only
be Fired with Cause.
PRIOR NOTICE AND HEARING.
REQUIRED FOR: Termination of Welfare Benefits,
Termination of Parental Custody Rights, PreJudgment Attachment, Seizure of Real Property,
Institutionalization of an Adult.
LIBERTY INTERESTS.
Right to Gainful Employment, Right to Contract, Right to Refuse
Unwanted Medical Care, Right to Care for Children, Right
Against Commitment to Mental Institution.
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CONSTITUTIONAL LAW
SUBSTANTIVE DUE PROCESS
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CONSTITUTIONAL LAW
SUBSTANTIVE DUE PROCESS
SUBSTANTIVE DUE PROCESS.
14TH AMENDMENT.
SUBSTANTIVE JUSTIFICATION.
FUNDAMENTAL RIGHTS. Matters Relating to Marriage,
Family, Procreation, Bodily Integrity, Living Together as a
Family, Use of Contraception, Custody of Children, Upbringing
of Children, Limited Right to Refuse Medical Treatment.
STRICT SCRUTINY.
COMPELLING GOVERNMENT INTEREST.
NECESSARY MEANS TO ENDS FIT.
NO LESS RESTRICTIVE ALTERNATIVES.
ABORTION.
UNDUE BURDEN TEST. For Regulations Prior to Viability.
CONSENT / NOTIFICATION. May Not Require Spousal
Notification, But May Require Parental Consent.
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CONSTITUTIONAL LAW
EQUAL PROTECTION
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Professor Gould's Bar Examination Flash Card Webinar Series
CONSTITUTIONAL LAW
EQUAL PROTECTION
EQUAL PROTECTION.
14TH AMENDMENT.
LIKE CATEGORIES.
MADE APPLICABLE TO FEDERAL
GOVERNMENT VIA THE DUE PROCESS CLAUSE
OF 5TH AMENDMENT.
PROOF OF DISCRIMINATORY
CLASSIFICATION.
PRIMA FACIE DISCRIMINATION.
FACIALLY NEUTRAL DISCRIMINATION.
Discriminatory Impact, Discriminatory Intent.
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CONSTITUTIONAL LAW
EQUAL PROTECTION, con’t
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CONSTITUTIONAL LAW
EQUAL PROTECTION, con’t
STRICT SCRUTINY REVIEW FOR SUSPECT
CLASSIFICATIONS AND FUNDAMENTAL RIGHTS.
NECESSARY MEANS TO ENDS FIT.
COMPELLING GOVERNMENT INTEREST.
NO LESS RESTRICTIVE ALTERNATIVES.
FUNDAMENTAL RIGHTS. Represent Essence of Scheme of
Ordered Liberty. Includes: Right to Contract, Right to Own
Property, Freedom of Speech, Freedom of Religious Practice,
Freedom of Assembly, The Right to Counsel, Double Jeopardy,
Jury Trial, Against Self-Incrimination, Against Search or Seizure,
Jury Trial, Freedom from Cruel and Unusual Punishment,
Personal Autonomy and Privacy, Right to Vote, Right to Travel
Interstate.
SUSPECT CLASSES. Race, National Origin, State Alienage.
Saddled with Unique Disabilities on the Basis of Stereotyped
Characteristics Not Indicative of Abilities, and History of
Purposeful and Unequal Treatment. For Race and Ethnicity,
Must Show Purposeful Discrimination.
AFFIRMATIVE ACTION. Benign Discrimination. May
Consider Race as One Factor. Strict Scrutiny.
INTERMEDIATE LEVEL /
HEIGHTENED SCRUTINY.
SUBSTANTIAL MEANS TO ENDS FIT.
IMPORTANT GOVERNMENT INTEREST.
GENDER. Role Stereotypes Not Allowed.
ILLEGITIMACY.
RATIONAL BASIS REVIEW.
RATIONAL RELATIONSHIP.
LEGITIMATE GOVERNMENT PURPOSE.
Government Participation Exception for
Alienage, Wealth, Economic Regulations,
Age, Disabilities. Sexual Orientation Given
Rational Review with Bite.
COPYRIGHT 2010 PROFESSOR GOULD, J.D. , M.A.
http://www.TheLawProfessorOnline.com
Professor Gould's Bar Examination Flash Card Webinar Series
CONSTITUTIONAL LAW
PRIVILEGES OR IMMUNITIES
CLAUSE
COPYRIGHT 2010 PATRICK GOULD, J.D. , M.A.
http://www.TheLawProfessorOnline.com
Professor Gould's Bar Examination Flash Card Webinar Series
CONSTITUTIONAL LAW
PRIVILEGES OR IMMUNITIES CLAUSE
14th AMENDMENT PRIVILEGES OR IMMUNITIES
CLAUSE.
APPLIES TO CITIZENS OF UNITED STATES.
DOES NOT APPLY TO ALIENS OR CORPORATIONS.
PROTECTS RIGHTS AS CITIZEN OF THE UNITED
STATES.
RIGHTS INCLUDE: Interstate Travel, Voting in Federal
Elections, Entry Onto Public Land, Right to Petition
Congress for Redress of Grievances, Inform Federal
Government of Violation of Its Laws, Protection from
Violence when in Federal Custody, Access to Seaports of
United States, Transact Business with United States
Government, Access to Federal Court.
COPYRIGHT 2010 PROFESSOR GOULD, J.D. , M.A.
http://www.TheLawProfessorOnline.com
Professor Gould's Bar Examination Flash Card Webinar Series
CONSTITUTIONAL LAW
THIRTEENTH AMENDMENT
COPYRIGHT 2010 PATRICK GOULD, J.D. , M.A.
http://www.TheLawProfessorOnline.com
Professor Gould's Bar Examination Flash Card Webinar Series
CONSTITUTIONAL LAW
THIRTEENTH AMENDMENT
THIRTEENTH AMENDMENT.
NO INVOLUNTARY SERVITUDE. Slavery, Peonage,
Compulsory Labor for Debts.
APPLIES TO GOVERNMENT AND PRIVATE ACTORS.
COPYRIGHT 2010 PROFESSOR GOULD, J.D. , M.A.
http://www.TheLawProfessorOnline.com