exceptions to "no generalized grievance requirement"
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-EXCEPTION #1: taxpayers have standing to challenge government
expenditures pursuant to federal statutes as violating the ESTABLISHMENT
CLAUSE
-EXCEPTION #2: a person has standing as a citizen to allege that a federal
action violates the 10th Amendment by interfering with the powers
reserved to the states as long as the person can show INJURY IN FACT and
REDRESSABILITY
right to privacy
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a fundamental right protected under substantive due process and
therefore STRICT SCRUTINY is the standard used when the government
, interferes with privacy rights
2 categories/questions for takings:
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1) Has there been a deprivation of life, liberty, or property?
2) If there HAS been a deprivation, then we ask → What procedures are
required?
supreme court review
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-in order for the Supreme Court to hear a case, all justiciability
requirements must be met
virtually all cases come to the Supreme Court by writ of certiorari
-ALL cases from STATE COURTS come to the Supreme Court by writ of
certiorari
-ALL cases from U.S. Cts. of Appeals come to the Supreme Court by writ of
certiorari
-Appeals exist for decisions of three-judge federal district courts
(mandatory, not writ)
-the Supreme Court has ORIGINAL and EXCLUSIVE JURISDICTION for
suits between state governments
the right to travel
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, -laws that prevent people from moving into a state must meet strict
scrutiny
-durational residency requirements (requiring a person to live in a specified
amount of time to get a benefit) must meet STRICT SCRUTINY
--NOTE: the S.C. has said that for voting purposes, 50 days is the maximum
allowable durational requirement
-there is no fundamental right to international travel, so restrictions on
foreign travel need meet only the RATIONAL BASIS TEST
fighting words
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-not protected speech
-statutes attempting to punish the use of such words are often found to be
void for vagueness
-NOTE: it is hard to draft a law outlawing fighting words
STANDING
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-the issue of whether the ∏ is the proper party to bring a matter to court;
-NOTE: standing is the most important justiciability issue
prior restraints
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, -stopping speech before it occurs
-court orders suppressing speech → strict scrutiny
-procedurally proper court orders MUST be complied with until they are
vacated or overturned
-a person who violates a court order is barred from later challenging it
-gag orders on the press to prevent pretrial publicity are not allowed
-NOTE: have to comply with the court order to challenge it
overbreadth
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-a law is unconstitutionally overbroad if it regulates substantially more
speech than the constitution allows to be regulated
-ex: city adopts ordinance banning all live entertainment in an attempt to
shut down strip clubs
the right to abortion
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Give this one a try later!
-EXCEPTION #1: taxpayers have standing to challenge government
expenditures pursuant to federal statutes as violating the ESTABLISHMENT
CLAUSE
-EXCEPTION #2: a person has standing as a citizen to allege that a federal
action violates the 10th Amendment by interfering with the powers
reserved to the states as long as the person can show INJURY IN FACT and
REDRESSABILITY
right to privacy
Give this one a try later!
a fundamental right protected under substantive due process and
therefore STRICT SCRUTINY is the standard used when the government
, interferes with privacy rights
2 categories/questions for takings:
Give this one a try later!
1) Has there been a deprivation of life, liberty, or property?
2) If there HAS been a deprivation, then we ask → What procedures are
required?
supreme court review
Give this one a try later!
-in order for the Supreme Court to hear a case, all justiciability
requirements must be met
virtually all cases come to the Supreme Court by writ of certiorari
-ALL cases from STATE COURTS come to the Supreme Court by writ of
certiorari
-ALL cases from U.S. Cts. of Appeals come to the Supreme Court by writ of
certiorari
-Appeals exist for decisions of three-judge federal district courts
(mandatory, not writ)
-the Supreme Court has ORIGINAL and EXCLUSIVE JURISDICTION for
suits between state governments
the right to travel
Give this one a try later!
, -laws that prevent people from moving into a state must meet strict
scrutiny
-durational residency requirements (requiring a person to live in a specified
amount of time to get a benefit) must meet STRICT SCRUTINY
--NOTE: the S.C. has said that for voting purposes, 50 days is the maximum
allowable durational requirement
-there is no fundamental right to international travel, so restrictions on
foreign travel need meet only the RATIONAL BASIS TEST
fighting words
Give this one a try later!
-not protected speech
-statutes attempting to punish the use of such words are often found to be
void for vagueness
-NOTE: it is hard to draft a law outlawing fighting words
STANDING
Give this one a try later!
-the issue of whether the ∏ is the proper party to bring a matter to court;
-NOTE: standing is the most important justiciability issue
prior restraints
Give this one a try later!
, -stopping speech before it occurs
-court orders suppressing speech → strict scrutiny
-procedurally proper court orders MUST be complied with until they are
vacated or overturned
-a person who violates a court order is barred from later challenging it
-gag orders on the press to prevent pretrial publicity are not allowed
-NOTE: have to comply with the court order to challenge it
overbreadth
Give this one a try later!
-a law is unconstitutionally overbroad if it regulates substantially more
speech than the constitution allows to be regulated
-ex: city adopts ordinance banning all live entertainment in an attempt to
shut down strip clubs
the right to abortion
Give this one a try later!
