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  • Con Law Checklist

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    ekfloyd
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    This document summarizes key concepts in United States constitutional law, including justiciability doctrines like standing, ripeness, and mootness. It also outlines the scope of federal legislative powers under the Commerce Clause and Necessary and Proper Clause, as well as limits on those powers under the 10th and 11th Amendments. Additionally, it discusses doctrines related to taxation and spending powers, the dormant Commerce Clause, preemption, separation of powers, privileges and immunities, substantive due process, equal protection, and affirmative action.

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    JUSTICIABILITY-Art.3 (Marbury)  AO: Non-hypothetical  Standing o C: Injury/Cause/Redress (Lujan, EPA) o P: 3RD, GG (Akins), ZoI  Relationships, Overbreadth-Chilling, Membership  Ripe: %Harm, Hardship, Fitness  Moot: Unless Future, Repetition, Voluntary  Political (Baker) – Text, Standard, Policy, Respect, Adherence, Embarrassment LEG.FED-ART.1 NP+ (McCulloch) – Reasonable Means → Legitimate Ends  Implied Immunity: Supremacy, Preemption (Gibbons) COMMERCE (Lopez)  Channel

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    This document summarizes key concepts in United States constitutional law, including justiciability doctrines like standing, ripeness, and mootness. It also outlines the scope of federal legislative powers under the Commerce Clause and Necessary and Proper Clause, as well as limits on those powers under the 10th and 11th Amendments. Additionally, it discusses doctrines related to taxation and spending powers, the dormant Commerce Clause, preemption, separation of powers, privileges and immunities, substantive due process, equal protection, and affirmative action.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
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    942 views1 page

    Con Law Checklist

    Uploaded by

    ekfloyd
    This document summarizes key concepts in United States constitutional law, including justiciability doctrines like standing, ripeness, and mootness. It also outlines the scope of federal legislative powers under the Commerce Clause and Necessary and Proper Clause, as well as limits on those powers under the 10th and 11th Amendments. Additionally, it discusses doctrines related to taxation and spending powers, the dormant Commerce Clause, preemption, separation of powers, privileges and immunities, substantive due process, equal protection, and affirmative action.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    of 1

    Word Count: 300

    JUSTICIABILITY-Art.3 (Marbury) AO: Non-hypothetical Standing o C: Injury/Cause/Redress (Lujan, EPA) o P: 3RD, GG (Akins), ZoI Relationships, Overbreadth-Chilling, Membership Ripe: %Harm, Hardship, Fitness Moot: Unless Future, Repetition, Voluntary Political (Baker) Text, Standard, Policy, Respect, Adherence, Embarrassment LEG.FED-ART.1 NP+ (McCulloch) Reasonable Means Legitimate Ends Implied Immunity: Supremacy, Preemption (Gibbons) COMMERCE (Lopez) Channels Instrumentalities, Person, Things (HoA) Substantial Effect: o Commercial $$ Aggregation-Cumulative(Wickard) o Non-Commercial Regulatory scheme(Raich) Nexus? Facts? Link? Non-criminal(Morrison) 10th Garcia: State-applied Commerce Zones = addressed to, affecting, impairing States Carrot Spending, Preemption Stick, Generally Applied Anti-Commandeering (Printz) 11th State Sovereign Immunity Routes: Enforcement, Conditional Spending waiver, 14.5 Abrogation, EP Young officers TAX: GW revenue-raising, not regulatory SPEND: GW w/unambiguous intent; national interest; no independent bar; non-coercive (Dole) DormantCC Facially-Discriminatory Neutral-but-Protectionist Pike-Balancing: o Legitimate interest; non-discriminatory purpose, incidental burden, B > Benefits? Market

    Preemption: Express, Field, Conflict SOP-ART.2 Youngstown: 1+, 2, 3War: Declare Wages / Hamdi: Detained duration Encroachment Veto: Bicameralism + Presentment Appointment: Superior / Inferior Removal: Impede, Independence, Disturb SoP Privileges/Immunities: Qualified, liable outside-post SDP 14TH Economic RB Contract (Lochner) Presume constitutional (LeeOptical) Entrench BoR, restrict politics, discriminate discrete and insular (Carolene) Non-Economic History-Tradition RB Emerging-Values SS Abortion(Casey): Undue Burden o Partial Birth Sex(Lawrence): Privacy Death(Glucksberg): Right to refuse; not suicide EP

    Color-Blind, Anti-Subordination/Caste DeJure (purpose in law, Washington=intent) DeFacto (impact in practice)

    Suspect: History, access, visible + immutable, irrelevant SS Narrow+Compelling: Race, Ethnicity, Alienage IS Substantial+Important: Gender, Illegitimacy RB Reason+Legit: Age, Disability, Wealth, SexualO Benign-AA: General% (Bakke) Direct/Specific Educational (Grutter) All Fed/State/Local (Adarand) Individualized (Gratz) Fundamental Vote, Access NO Welfare, Education, Housing

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