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Constitutional Law Bar Essay Checklist Outline

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This is an extract of our Constitutional Law Bar Essay Checklist document, which we sell as part of our Constitutional Law - Bar Exam Outlines collection written by the top tier of Thomas Jefferson School Of Law students.

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CON LAW ESSAY CHECKLIST I.

JUSTICIABLE CASE/CONTROVERSY

* Ripeness

* Abstention

* Mootness

* Political Question

* Standing

* 11th Amendment

II. GOVERNMENTAL POWER

* Separation of Powers
? Judicial
? Legislative
? Executive

* State Interference w/Federal System
? Preemption
? Dormant Commerce Clause
? Privileges & Immunities

III. INDIVIDUAL RIGHTS

* State Action

* Speech
? Facial Attacks
? Content Based Restrictions
? Content Neutral Restrictions

* Taking (5th)
? Public Use
? Just Compensation

* Religion
? Establishment Clause
? Fee Exercise Clause

* Retroactive Legislation
? Impairment of Contract
? Ex Post Facto

? Bills of Attainder

* Equal Protection
? Classification of Fundamental Right
? Scrutiny

1. Strict

2. Intermediate

3. Rational

* Procedural Due Process
? Life, Liberty, Property Interest
? What Process Is Due?

* Substantive Due Process
? Marriage, Procreation, Privacy
? Strict Scrutiny

* Association/Press

CHECKLIST????

Justiciability Doctrines/Preliminary Issues Executive Power Legislative Power/Federalism State Action Procedural Due Process Substantive Due Process Equal Protection Clause 1st Amendment Issues

J/P EP F SA PDP SDP EPC 1st

I.

JUSTICIABLE CASE/CONTROVERSY (RAMPSE)

* Ripeness
? P not entitled to review before its enforcement unless threat of immediate harm

* Abstention
? Fed. Ct. may not enjoin pending state court proceeding unless harassment or bad faith
? Fed. Ct. will abstain from resolving a constitutional claim if there is an unsettled ? of state law

* Mootness
? Real controversy must exist at all stages of review
? Exceptions

* Capable of repetition evading review

* Voluntary cessation

* Class actions

* Political Question
? Fed. Ct. will not determine political questions that have constitutionally committed to another branch or inherently capable of judicial resolution

* **Standing (Raise 1st)
? P suffered: 1) concrete injury in fact, 2) caused by the D, 3) that is redressible by the court

*

3rd Party

* Special relationship between P & injured party, party cannot assert own rights

*

Taxpayer

* Standing to challenge gov't expenditures under Establishment Clause

* Congress' spending power must be involved

*

Organizational

* Members have standing to sue in their own right

* Interests related to organization's purpose

* Individual participation not required

* Eleventh/11th Amendment
? Prevents Federal and State Cts. From hearing suits involving citizens suing their own state or another state government.
? Exceptions

* Waiver

* P is Federal of State Gov't

* Against Local Gov't

* Bankruptcy

* Against state official for personal money damages

II.

GOVERNMENTAL POWER Separation of Powers

* Judicial (see above)

* EXECUTIVE
? Foreign Affairs Powers

* Paramount power to represent U.S. in day to day foreign relations

*

Treaties

* Agreements between U.S. & foreign country negotiated by President

* Power to enter into w/ 2/3 vote of Senate

* Prevails over conflicting state laws, conflict between treaty and fed law - last one adopted controls, Constitutional always supreme

*

Executive Agreements

* Agreements between U.S. and foreign country that is effective when signed by President and head of country

* Prevail over state laws, not over fed law or Constitution

*

Commander in Chief

* Broad powers to use American troops in foreign countries

? Domestic Powers

* Appointment

* Appoints all ambassadors, public ministers, federal judges, official officers

* Removal

* Any executive branch officer (unless limited by statute)

* Veto

* Override (law still passes if 2/3 vote in each house), pocket (10 days), line item (unconstitutional)

* Power to pardon those accused or convicted of federal criminal crimes
? Privileges/Immunity

* Privilege

* Executive privilege to keep certain communications secret (national security)

* Exception for criminal proceedings if need is demonstrated

* Immunity

* From civil suits for money damages involving actions that occurred while in office. None for actions that occurred prior to taking office.
? Impeachment

* Treason, bribery, high crimes and misdemeanors

* Majority vote from House to impeach, 2/3 from Senate to convict and remove

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