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Quiz!
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CON LAW STANDING REQUIREMENTS monetary loss is best |
1. P has/will be permanently injured. 2. D caused injury in a way that ct's remedy can redress. 3. No TP standing. (exceptions) 4. No Generalized Grievances (exceptions) |
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INJUNCTIVE DECLARATORY RELIEF |
MUST SHOW LIKELIHOOD OF FUTURE HARM |
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RIPENESS |
HARDSHIP FITNESS |
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MOOTNESS EXCEPTIONS |
1. wrong capable of rep and ev rvw 2. voluntary cessation 3. lead pl moot for class |
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POLITICAL QUESTIONS |
'Republican form of government' clause (Art. 4, § IV) challenges to the President's conduct of foreign policy, challenges to the impeachment and removal process, challenges to partisan gerrymandering |
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SC REVIEW |
WRIT OF CERTIORARI THREE JUDGE PANELS FINAL JUDGMENT REQUIREMENTS |
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STATE SOVEREIGN IMMUNITY |
bars suits against states in federal ct |
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ABSTENTION |
... |
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CONGRESS' POLICE POWER |
M MILITARY I INDIAN RESERVATION L FEDERA LAND/TERR D DC |
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CONGRESS' NECESSARY AND PROPER POWER |
... |
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CONGRESS TAXES AND SPENDS |
for the general welfare |
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INTERSTATE COMMERCE POWER APPLIES TO |
CHANNELS INSTRUMENTALITIES SUBSTANTIAL EFFECT |
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ALL POWERS RESERVED TO STATES |
10th amendment |
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CONGRESS COMPELLING STATE OFFICIALS |
impermissible under the 10th am permissible to incentivize by rational relation |
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Section 5 of the 14th am |
... |
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LEGISLATIVE AND LINE ITEM VETOES UNC because |
they lack BICAMERALISM and PRESENTMENT |
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PRESIDENTIAL APPOINTMENTS include... |
AMBASSADORS FEDERAL JUDGES OFFICERS OF US |
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INFERIOR OFFICERS |
officer who can be fired by another? |
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HOUSE IMPEACHMENT |
people: pres, vp, officers offenses: treason, bribery, high crimes/misdemeanors? impeachment offenses cannot be pardoned |
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PRESIDENTS ABSOLUTE IMMUNITY |
-applies to civil suits for money damages during presidency -doesn't apply to actions taken prior to presidency |
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PRESIDENTIAL PAPERS AND CONVERSATIONS PROTECTED BY |
PRIVILEGE |
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PARDON POWER |
APPLIES FEDERAL CRIMES ONLY |
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PREEMPTION |
... |
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PRIVILEGES & IMMUNITIES |
PROTECTS OUT-OF-STATERS ALWAYS WRONG UNLESS YOUR TALKING RIGHT TO TRAVEL |
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MARKET PARTICIPANT EXCEPTION |
state and local governments amy favor their own citizens in receiving benefits from government programs or in dealing with government-owned businesses |
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STATE TAXATION POWER |
-taxed activity must have substantial nexus to the state -can't be used to help on-state businesses over out-of-state -taxes on interstate business must be fairly apportioned |
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FULL FAITH AND CREDIT REQUIREMENTS |
1. RENDERING CT HAD PROPER J 2. JUDGEMENT ON MERITS 3. JUDGMENT IS FINAL |
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CONGRESSIONAL APPLICATION OF CONSTITUTIONAL NORMS TO REGULATION OF PRIVATE CONDUCT |
-can be done by statute under the powers of the 13th am -Prohibiting Private Race Discrim |
