FED. CON. LAW
Terms
undefined, object
copy deck
- Justiciability Doctrines
- --RAMPS- Ripeness Advisory Opinions Mootness Political Questions Standing
- Miller Test = PPSLAP
- ○ P = Purient interest in sex ○ P = Patently offensive SLAP = lack serious § SCIENTIFIC, § LITERARY, § ARITISTIC, § POLITICAL
- Lemon Test = SEX
- â—‹ S = Secular purpose â—‹ E = Effect must not enhance/inhibit â—‹ X = Xcessive government entanglement not permitted
- The VERY limited federal police powers - MILD
- â—‹ Military â—‹ Indian â—‹ Lands (fed. land) â—‹ DC
- (1st Amend) Prior Restraints: NeeD RED Pretty DVF. SIP.
- Court order must be: Narrowly Drawn; REasonable & Definite in scope; Prompt Determination Validity (& Final); Seek Injunction Promptly.
- Requirements for standing: to have your case heard, remember to be "Respectful In Court"
- R= redressability, I = injury, C = causation
- Scope of Judicial Fed. Powers: Art. III, Sec. 2 limits jurisdiction of fed. courts to cases/controversies CLASS):
- ○ A - Ambassadors, public ministers, consuls ○ C - Constitution ○ U - U.S. shall be a party ○ T - Treaties § C - Citizens of diff. states (diversity) § L - Laws of U.S. § A - Admiralty § S - States, bet. 2 or more § S - States & citizens of another state
- Preemption PUSH
- § Check for: □ P (Pervasiveness of Regulation) □ U (Uniformity of Regulation Desired) □ S (Similarity of Regulation) □ H (History of how that area has been regulated)
- Enumerated Powers of Gov CREATES DICE
- CREATES DICE â—‹ Civil Rights â—‹ Elections (Congressional) â—‹ Admiralty â—‹ Taxation â—‹ Eminent domain â—‹ Spending/Taxing for general welfare â—‹ Defense â—‹ Interstate commerce â—‹ Citizenship â—‹ External (foreign affairs)
- Lemon test = Lemon pie.
- â—‹ P= secular Purpose=P â—‹ I= advance or Inhibit=I â—‹ E= Entanglement=E