I
Federal Judicial Power
Standing, justiciability, sovereign immunity, and the power of judicial review.
The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority …Article III, § 2
No. 1★ Recall
Standing & Case or Controversy
Decision-tree flowchart
Injury-in-fact, causation, redressability. Taxpayer standing, organizational standing, procedural-rights injuries.
First question: Does the plaintiff allege a concrete, particularized injury?
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No. 2★ Recall
Ripeness, Mootness & Advisory Opinions
Categorization sorter
Sort scenarios into justiciability categories. Mootness exceptions: capable of repetition, voluntary cessation.
Drag each scenario into the correct justiciability bin.
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No. 3
Eleventh Amendment & Sovereign Immunity
Element checker
State vs. local defendant, damages vs. injunctive relief, consent, and congressional abrogation under § 5.
First element: Is the defendant a state (not a local government)?
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No. 4
Judicial Authority to Interpret the Constitution
Concept explainer
Marbury-style judicial review. Congressional power over federal court jurisdiction.
Paired scenarios: Congress strips jurisdiction vs. limits remedies.
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II
Legislative Powers
Commerce Clause, taxing and spending, and congressional enforcement of the Reconstruction Amendments.
The Congress shall have Power To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes …Article I, § 8, cl. 3
No. 5★ Recall
Commerce, Taxing & Spending Powers
Decision-tree flowchart
Substantial effects, rational basis review. Taxing power, Spending Clause conditioning, Thirteenth Amendment.
First question: Does Congress regulate an activity substantially affecting interstate commerce?
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No. 6
Congressional Enforcement Powers (13th, 14th, 15th)
Element checker
Proportionality and congruence test. Valid substantive constitutional rights vs. prophylactic measures.
First element: Does the statute address a valid constitutional substantive right?
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III
Executive Powers
Commander in chief, appointment and removal, and constitutional limits on administrative agencies.
The executive Power shall be vested in a President of the United States of America.Article II, § 1
No. 7
Commander in Chief
Concept explainer
War powers, emergency powers, habeas corpus suspension, and the Youngstown framework.
Hierarchy of presidential power: with Congress, against Congress, and twilight zone.
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No. 8
Appointment & Removal Power
Tiered comparison
Principal vs. inferior officers. Removal restrictions: independent agencies, ALJs, SEC officers.
Tier 1: Is this officer appointed by the President?
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No. 9
Federal Administrative Agencies
Structural role-based
Non-delegation, APA, Chevron deference, major questions doctrine, and constitutional accountability.
Compare the delegation challenge, rulemaking vs. adjudication, and the Chevron framework.
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IV
Relation of Nation & States
State tax immunity, anti-commandeering, preemption, and the dormant commerce clause.
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land …Article VI, cl. 2
No. 10
State Taxation of Federal Entities
Concept explainer
Intergovernmental tax immunity. States cannot tax federal employees' compensation or federal property.
Is the tax applied to an instrumentality of the federal government?
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No. 11★ Recall
Tenth Amendment & Anti-Commandeering
Element checker
Federal commandeering of state officials. New York v. United States and Printz v. United States.
First element: Does the federal statute directly command state officials or legislatures?
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No. 12★ Recall
Supremacy Clause & Preemption
Decision-tree flowchart
Express, field, and conflict preemption. Savings clauses and implied non-preemption.
First question: Is federal law silent on the issue?
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No. 13
Dormant Commerce Clause & Market Participant
Decision-tree flowchart
Discriminatory vs. non-discriminatory statutes. Pike balancing and the market participant doctrine.
First question: Does the state law discriminate against interstate commerce on its face?
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V
Individual Rights
Due process, equal protection, takings, religion, speech, press, association, and more.
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.Amendment XIV, § 1
No. 14
State Action Requirement
Categorization sorter
State vs. private conduct. Public function, state entanglement, and significant involvement doctrines.
Sort scenarios: Is there sufficient state involvement?
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No. 15
Right to Privacy (Substantive Due Process)
Tiered comparison
Contraception, marriage, family, procreation. Roe v. Wade (overruled) vs. Dobbs. Fundamental interests test.
Tier 1: Does the law implicate a fundamental liberty interest?
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No. 16
Right to Vote
Decision-tree flowchart
Voting restrictions, poll taxes, literacy tests, durational residency. Apportionment and gerrymandering.
First question: Is this a racial discrimination claim?
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No. 17
Right to Travel
Concept explainer
Interstate travel as fundamental right. Waiting periods, durational residency requirements, and in-state tuition.
Applies strict scrutiny to laws that impede interstate travel or discriminate on the basis of residency.
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No. 18
Right to Bear Arms
Concept explainer
District of Columbia v. Heller and New York State Rifle & Pistol Association v. Bruen. Text, history, and tradition.
Framework: Is the regulation a longstanding tradition or presumptively lawful?
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No. 19★ Recall
Procedural Due Process
Element checker
Property and liberty interests under the Fourteenth Amendment. Notice, hearing, and impartiality.
First element: Is there a protected property or liberty interest?
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No. 20★ Recall
Equal Protection (Three Tiers)
Tiered comparison
Strict scrutiny (race, ethnicity, national origin, fundamental rights). Intermediate scrutiny. Rational basis.
Tier 1: Is the law based on a suspect classification or burden fundamental right?
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No. 21
Takings
Decision-tree flowchart
Physical occupation, regulatory taking, public use, and just compensation.
First question: Has the government physically invaded the property?
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No. 22
Ex Post Facto Laws
Element checker
Criminal statutes only. Retroactively imposing or aggravating criminal liability. Distinguishing civil penalties.
First element: Is this a criminal statute (not civil or regulatory)?
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No. 23★ Recall
Religion Clauses (Establishment & Free Exercise)
Tabbed dual-framework
Establishment Clause Lemon test vs. Christianities v. Smith framework. Exemptions and accommodation.
Choose a clause: Establishment or Free Exercise to apply the respective test.
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No. 24★ Recall
Free Speech (All Subcategories)
Multi-module mega-widget
Content vs. viewpoint discrimination. Categories (obscenity, fighting words, defamation, etc.). Strict, intermediate, rational basis.
Click through subcategories: categories, political speech, commercial speech, and more.
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No. 25
Freedom of the Press & Association
Concept explainer
Press freedom and reporter's privilege. Associational freedom (joining, supporting, concealing membership).
Framework: Is the law content/viewpoint-based or do associational rights apply?
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