Younger Doctrine A court will not enjoin pending state criminal case in the absence of bad faith,

harassment, or an unconstitutional state statute. To have standing, plaintiff must

suffer a concrete and particularized injury, and an imminent threat of prosecution
under an unconstitutional state statute would satisfy this element.

NEED STANDING -For standing, pltf must est (1) specific injury which has actually occurred or is
AND RIPENESS imminent, (2) that def caused the injury, (3) that the relief requested will address
TO PRESS CLAIM the injury.
IN FEDERAL -For ripeness, pltf must show (1) threat of injury is imminent, and (2) legal issues
COURT are ripe for decision by the court.

TAXATION OF Congress may not tax exports to foreign countries, or services/activities closely
EXPORTS related to the export process, despite Congress’s plenary power to raise revenue
through imposition of taxes.

ALIENAGE Though courts apply strict scrutiny test to state laws that discriminate against
CLASSIFICATION resident aliens based on lack of U.S. citizenship; Congress has plenary power over
aliens under Art. I, which gives it the power to expel or exclude aliens. This is a
sovereign power not subject to judicial review.

Enclave Clause Gives Congress general police and regulatory powers of the District of Columbia
(Congress’s that a state enjoys over persons, things within its boundaries. Among those powers
police, reg is the power to tax or not to tax income earned within D.C.’s boundaries. Since D.C.
powers over residents are not members of a suspect class, a statute that treats DC residents
D.C.) differently than non-DC residents need only be supp by a rational basis.

FIRING GOVT Public employees who can be fired only for cause (such as a prof who is tenured)
EMPLOYEES FOR have a property interest in their job. When a property interest is at stake, due
CAUSE process requires that such public employee get a pre-termination hearing and an
opportunity to respond.

RECUSAL Due process entitles a party to an impartial judge. If a judge has a substantial,
pecuniary interest in a case, or if there’s a serious risk of actual bias; the judge must
recuse. Failure to recuse triggers a DP violation.

SOLs Concerning Unless a change of a SOL violates a fundamental right, or concerns a suspect
Procedural Rights classification, it need only meet the rational basis standard. Prohibition on ex post
Are Remedial facto laws applies only criminal or penal liability, not to civil liability.

VOTING RIGHTS Fourteenth Am., sec. 2 allows states to pass laws that prohibit felons from voting,
OF FELONS notwithstanding the fact that voting is a fundamental right, and its abridgement is
subject to strict scrutiny.

DISCRIMINATION When differential tax rate is challenged on EP grounds, and pltf is not part of a
IN STATE suspect or quasi-suspect class, the discriminatory tax rate need only meet rational
TAXATION basis test. Imposing a discriminatory tax on a group in order to aid a state industry
is rationally related to the state’s interest in reducing said industry’s financial peril.
MINISTERIAL Abrogates the application of nondiscrimination in employment laws to employment
EMPLOYMENT of ministers by a religious org. Requiring a religious org. to employ a specific
EXCEPTION minister violates the Free Exercise and Establishment clauses.

DENIAL OF GOVT Public employment can be denied based on one’s affiliation with a subservice group
EMPLOYMENT if the person (1) is an active member, (2) has knowledge of the org’s illegal
DUE TO activities, and (3) has specific intent to further those illegal objectives.
AFFILIATION W/
SUBSERVICE ORG

COMM. CLAUSE Congress may regulate instrumentalities of interstate comm. and any activity that
substantially affects interstate comm.. Congress may not use federal laws that
regulate non-economic activity in an area of traditional state concern unless the
statute is essential to a larger scheme to regulate interstate comm..

ELEVENTH Prohibits states from suing other states, and citizens from suing state agencies.
AMENDMENT Does not extend to suits against local government entities, e.g. local school board.

CONGRESS’S Under Art. IV’s property clause, Congress has power to dispose of federal property ,
POWER UNDER protect federal property from nuisances, and make rules concerning its use
THE PROPERTY
CLAUSE

PROTECTION OF A person’s national citizenship is protected by the 14th Amendment, which prohibits
CITIZENSHIP Congress from taking away a person’s citizenship unless it was obtained by fraud or
in bad faith.

ELECTIONS Gives congress the power to override state laws that affect federal elections, such
CLAUSE as limiting polling sites, and times during which ppl can vote. The Elections clause
does not extend to state law affecting state elections.

APPOINTING Members of a committee that has enforcement powers must be appointed by the
CMTE. MEMBERS President; appointment by Congress will be deemed unconstitutional.
/ FEDERAL
OFFICERS W/
ENFORCEMENT
POWERS

PRESIDENT’S -Recognizing a foreign country / territory.

EXCLUSIVE
POWERS

NONDELEGATION Congress can nearly always delegate its power so long as it specifies intelligible
DOCTRINE standards to govern exercise of the delegated power. Only nondelegable powers
are power to impeach and to declare war.
SPENDING FOR Constitution gives Congress power to spend for the general welfare, meaning
THE GENERAL congress can spend f/limit spending for any public purpose.
WELFARE

TENTH Reserves to the states any powers that are not delegated to federal govt by the
AMENDMENT Constitution or prohibited to the states.

DORMANT In absence of federal regulation, states can regulate interstate comm. so long as
COMM. CLAUSE state / local statute doesn’t discriminate against out of state comm. (protect in
state interests from out of state competition), unduly burden interstate comm., or
regulate extraterritorial activity.
If constitutionality of state’s law is challenged, the state must show that its action
serves important local interest, and no non-discriminatory means are available to
achieve that purpose.

TAKINGS Based on procedural due process rights, the govt is required to provide owners of
real property with notice and a hearing prior to seizure of real property. The notice
and hearing requirements do not apply to personal property. Takings clause applies
to destruction of real or personal property, and to elimination of any property right.

ZONING Laws related to zoning are reviewed under rational basis standard, and a zoning law
ORDINANCES meets the standard if it’s rationally related to a legit state interest. Burden is on
challenger to overcome the presumption that the law is valid.

INTERMEDIATE Discriminatory intent is required to trigger intermediate scrutiny such as whether a

SCRUTINY / THE state action was closely related to a substantial state interest. State legislation that
SUBSTANTIAL has disparate impact but no discriminatory intent will not trigger higher level of
STATE INTEREST scrutiny and will found constitutional.
STANDARD

TAXPAYER A taxpayer’s right to challenge govt spending is limited to challenges of you own tax
STANDING bill, and challenges that govt spending violates the establishment of religion clause.

POLITICAL Examples of political questions not subject to judicial review: 1) congress’s

QUESTIONS impeachment procedures; 2) President’s conduct of foreign affairs

FEDERAL TAXING Congress’s taxing power is broad, and is upheld if it’s reasonably related to revenue
POWER production.

STATE ENTITIES State and local laws can favor state and local govt entities but not private entities.
PERFORMING
TRADITIONAL
GOVT FUNCTION

REGULATION OF In public forums, govt may impose reasonable restrictions on time, place or manner
SPEECH IN of speech so long as restrictions are content neutral, are narrowly tailored to serve
PUBILC FORUMS significant govt interest, and leave alternative channels for communication open.
PROPERTY Gives congress power to regulate and dispose of property of the U.S. govt. Use of
POWER/CLAUSE property doesn’t have to be for public use.