SUBJECT MATTER INDEX

ABORTION

Clinics, performance by

Standards for

Consent to

By parents

By spouse

Counseling, restrictions on

Free speech concerning

Hospitals

Casey, effect on hospitalization

Informed consent

Regulations discouraging abortion

Minors

Immature

Mature or emancipated

Notice and consultation

By spouse

To parents

Partial birth method

Planned Parenthood v. Casey

Undue burden standard

Procedures for

Public facilities

Ban on use of

Public funding of

Counseling about abortions

Medically-necessary abortions

Refusal of in non-therapeutic abortions

Webster, effect of

Right to privacy rationale

Roe v. Wade case

First, second, third trimesters

Holding

Limitations on legislature

Planned Parenthood v. Casey, effect of

Post-Roe developments

Rationale

Types of abortion allowed

Types of procedures allowed

Undue burden standard

ABORTION CLINICS

Speech outside

ADMISSIONS

Use of race in

ADULT SEXUAL RELATIONS

See EQUAL PROTECTION

ADVISORY OPINIONS

 Generally

AFFIRMATIVE ACTION

See EQUAL PROTECTION

AFFORDABLE CARE ACT

Commerce power as basis for

Taxing power as basis for

ALIENAGE

See EQUAL PROTECTION

ANCESTRY

As proxy for race under post-Civil War Amendments

“AS APPLIED” ATTACKS 

ASSOCIATION, FREEDOM OF

See FREEDOM OF ASSOCIATION

BILL OF RIGHTS

Application to states

Selective incorporation approach

Total incorporation approach

BILLS OF ATTAINDER

 Generally

“Punishment” defined

Rationale for ban on

BIRTH CONTROL

 Generally

Regulation of, following Roe v. Wade

Use by minors

CABLE TV

Free speech and

CHILD PORNOGRAPHY 

CHILD-REARING

Parent’s substantive due process right to control

CIVIL RIGHTS LAWS

“Color of law,” actions taken under

Commerce Clause as support for

Congress’ power to modify constitutional rights given by

Congressional enforcement of

Private conduct, Congress’ power to reach

Public accommodations

Repeal of as state action

Thirteenth Amendment, laws passed under authority of

Voting rights

COMA

Rights of patient in

COMMERCE CLAUSE

See INTERSTATE COMMERCE

COMMERCIAL SPEECH

See FREEDOM OF SPEECH

CONGRESS’ POWERS

Appointment and removal of federal officers

Commerce, See INTERSTATE COMMERCE

Commitment of the armed forces

Enforcement of civil rights laws

Enumerated powers of

Executive officers, right to remove

Legislative veto

Modification of constitutional rights

Removal of executive officers

Removal of federal officers

Specific powers of

Substantive scope of constitutional rights, modification of

Use of “Necessary and Proper” Clause

CONSCIENTIOUS OBJECTION

See FREE EXERCISE CLAUSE

CONTRACT CLAUSE

 Generally

Deferential standard

Distinction between public and private contracts

Incidental effect on contract

Private contracts, application to

Public agreements, application to

CROSS BURNING 

DECLARATORY JUDGMENT

As advisory opinion

DEFAMATION

 Generally

Damages for, types of

Falsity, burden of proving

Non-media defendants

Opinion

“Private figures”

“Public figures”

Public interest, statements having no

DEFENSE OF MARRIAGE ACT

Partial invalidation of

DIVERSITY

As compelling governmental interest

DNA TESTING

Prisoner’s due process right to

DORMANT COMMERCE CLAUSE

 Generally

Local processing requirements

Modern test for

State barriers to outgoing trade

DUE PROCESS OF LAW

 Generally

Abortion

See also ABORTION

Child visitation

Child-rearing

Civil litigation

Criminal defendant’s right to

DNA testing

Prisoner’s right to

Economic regulation

Hypothesizing of legislative objectives

Modern approach to

Pre-1934 approach

Summary of modern approach

Enemy combatants, detention of

Family relations

Child-raising

Marriage

Zoning and the “non-nuclear” family

Freedom of inquiry

Fundamental rights

Homosexuality

Incorporation of Bill of Rights

Judicial bias as violation of

Marriage, right of

Mentally retarded, rights of

Motorcycle helmet rules

Natural father, rights of

Non-economic rights

Birth control use

Early cases

Occupation, right to engage in

“Penumbra” theory

Prisoners, rights of

Privately-imposed harm, no right of protection

Procedural due process

Early view

Governmental regularity per se

Legislature’s right to limit procedures

“Liberty” definition narrowed

Protection from third-party harm, as property interest

Rationales for

Reputation, interest in

Students, rights of

Tenured employees

Welfare benefits

What process is due

Punitive damages

Purposeful discrimination

In administration

Reputation, no protected right in

Retroactivity as violation of

Right to die

Children

“Clear and convincing” standard

Health-care proxy

Incompetent patient

Living will

Substituted judgment of family

Suicide

Same-sex marriage

Sexual privacy

Sexuality

Substantive due process

Early history of

Maximum-hour laws

Minimum wage laws

Protection of non-economic rights

Generally

Same-sex marriage and

Visitation rights

ECONOMIC AND SOCIAL REGULATION

See EQUAL PROTECTION

EDUCATION

Denial of as equal protection violation

Illegal aliens

ELECTION DISTRICTS

See VOTING RIGHTS

ELEVENTH AMENDMENT

 Generally

Administrative agencies and

Age discrimination and

Broad interpretation of amendment

Court access and

Disability discrimination and

Exclusions

Facial meaning

Heightened scrutiny and

Patent suits, states’ immunity from

State-court suits and

Suits against state official

Suits against states, Congress’ general power to allow

Text of

Three-step analysis for overcoming

EQUAL PROTECTION

 Generally

Admissions, use of race in

Adoption

Affirmative action

Alimony

Attempt to remedy past discrimination

Congressionally imposed

Harm to members of minority from

Hiring

Housing

Lay-offs

Minority set-asides

Congressionally imposed

Popular vote to repeal

Promotion preferences

Quotas, use of

Racial classifications, benign use of

Separation desired by minorities

Sex discrimination remedied

Sex-based classes

Intermediate scrutiny rigorously applied

Single-sex education

Stereotypes or generalizations

Standard of review for

Strict scrutiny, required

To cure racial discrimination generally

Voluntary plans by public employers

Alienage

Education of illegal aliens

Exceptions to strict scrutiny of

Federal government’s right to classify based on

Strict scrutiny applied

Animus toward unpopular groups

Anti-gay laws

Out-of-staters, discrimination against

Child custody

Courts, access to

Civil litigation

Counsel during appeal

Transcripts on appeal

Desegregation

As type of affirmative action

Busing to accomplish

Closing of public schools

De facto/de jure distinction

Ending court supervision

“Freedom of choice”

Harm to minority members from

In the North

Interdistrict remedies

Diversity as compelling interest

Economic and social regulation

Hypothetical legislative objectives

Means-end link

Objective of legislature

“One step at a time”

Education, right to

Federal government, application to

Fundamental rights

Access to courts as

Ballot access as

Education as

Right to travel as

Voting rights as

Hiring

Historical overview

Homosexuals, singling out of

Illegitimacy

Jury selection

Mentally ill, discrimination against

Mentally retarded, discrimination against

“Mere-rationality” standard

Middle-level review

Close means-end fit required

General principles of

Hypothesizing of state purpose

Mental illness

Mental retardation, not applicable to

Objective of legislature, significance of

“One step at a time” reform

Operation of the Clause, generally

Over-inclusive classification

Partisan gerrymanders

Political process, race used in

Poll tax as violation of

Private conduct

Congress’ power to reach

Public school admissions based on race

Purposeful discrimination

Circumstantial evidence used to prove

Dual motives

Facially discriminatory statute

Must be cause of conduct

Passage of time

Proving

Sex discrimination

Statistics used to prove

Racial discrimination

Adoption

Child custody

Establishment-of-religion defense against claim of

Law enforcement operations

Racially restrictive covenants

Voting

Remedial powers of Congress

Same-sex marriage

Segregation

See also “Desegregation” under this main heading

Prison-cell assignments

Remedies to combat

“Separate but equal” doctrine

“Separate but equal” treatment

Sex discrimination

Alimony

Attempt to remedy past discrimination

Bathrooms and locker rooms

Discriminatory purpose required

Draft registration

Intermediate scrutiny of

Statutory rape

Veterans’ preference as

Special traits pertaining to one race

States, violation of by

Stereotypes, significance of

Strict scrutiny

How much

How strict

Immutability, significance of

Other requirements for

Purposeful discrimination required for

Stereotypes, significance

Surviving strict scrutiny, chances of

Suspect classifications

See also SUSPECT CLASSIFICATIONS

Travel, right to

Medical benefits, residency requirements for

Welfare benefits, residency rules for

Under-inclusive classification

Voting rights

Ballot access

Ballot counting procedures

Duration-of-residence requirements

Felons, denial of vote to

Partisan gerrymanders

Standards for judging cases involving

Warren Court’s view

Wealth, classifications based on

Housing

Welfare benefits

Welfare benefits

ESTABLISHMENT CLAUSE

 Generally

Ceremonies and displays

Cross, display of

Entanglement of church and state

Free Exercise Clause, relation to

Funding of student activities

Graduation ceremony

Holidays, celebration of

Interdenominational preferences

Legislative chaplain

Military chaplains

Ministerial exception from government regulation

Nativity scene, display of

Parochial schools aid to

Equipment

Higher education

Salary supplements

Scholarships for religious study

Services, furnishing of

Teachers, furnishing of

Textbooks and other materials

Three-prong test for

Transportation

Pledge of Allegiance

Prayer-reading in public schools

Prayers before town board meetings

Preference among denominations

Prisoners, accommodation of

Public schools

Anti-evolution laws

Facilities use by student groups

Graduation ceremony

Modification of curriculum

Moment of silence

Prayer reading

Religious instruction

Tuition vouchers

Religious displays

Sabbath, right not to work on

Secular purpose required

Sincerity of religious belief

Single test, future possibility

Specific prohibitions

Sunday closing laws

Ten Commandments, display of

Three-prong test for

Tuition vouchers

EX POST FACTO LAWS 

EXECUTIVE AGREEMENTS 

EXECUTIVE POWERS

 See also IMMUNITIES

Appointment of officials by President

Commitment of the armed forces

Executive privilege

Legislative veto

“Line item” veto

No right to make laws

Pocket veto

Recess appointments

Recognition of foreign governments

Right to remove appointees

Veto power

EXECUTIVE PRIVILEGE 

FACIAL ATTACKS ON STATUTES 

FALSE STATEMENTS

Government power to ban

FEDERAL COURTS

Powers of

FEDERALISM 

FIFTEENTH AMENDMENT 

FIRST AMENDMENT

See FREEDOM OF SPEECH, FREEDOM OF ASSOCIATION, FREEDOM OF EXPRESSION, FREEDOM OF RELIGION

FOREIGN AFFAIRS

Commitment of the armed forces

Federal government’s power over

Recognition of foreign governments

FOURTEENTH AMENDMENT

See DUE PROCESS OF LAW, EQUAL PROTECTION, IMMUNITIES

Congress’ remedial powers under

FREE EXERCISE CLAUSE

 Generally

Animal sacrifice

Centrality of belief

Conflict with criminal statute

Conscientious objection

Drugs

Establishment Clause, relation to

Intent to interfere with religion

Life-saving medical treatment

Military service, relation to

Ministerial exception from regulation

Nativity Scene, right to display

Public health objectives as interference with

Religious belief, definition of

Sabbath, accommodation for

Sacrifice of animals

Scholarships for ministry study

Sincerity of belief

FREEDOM OF ASSOCIATION

 Generally

Bar membership restrictions

Campaign spending, compulsory disclosure of

Compulsory disclosure

Campaign contributions, disclosure of

Compulsory financial support

Denial of public jobs or benefits

Loyalty oaths

Patronage dismissals and hirings

Speech critical of superiors

Discrimination by private groups

Illegal groups

Legal services furnished by lay groups

Loyalty oaths

Membership, interference with

Right not to associate

Social association, no general right

Strict scrutiny of interferences with

FREEDOM OF EXPRESSION

Political campaign spending

Aggregate donation limits

Contributions by individuals

See FREEDOM OF SPEECH, FREEDOM OF ASSOCIATION

FREEDOM OF RELIGION

 Generally

Religious belief, definition of

See also ESTABLISHMENT CLAUSE, FREE EXERCISE CLAUSE

FREEDOM OF SPEECH

Abortion clinics, women visiting

Accountant, solicitation by as protected speech

Advocacy of illegal acts

“Clear and present danger” test for

Incitement required

Modern standard for

Statutes directly proscribing speech

Audience’s right to information

Broadcast ads, regulation of

Broadcasting

See also “Media” under this main heading

Phone, cable and computer systems distinguished

Special rules applicable to

Cable TV

Campaign spending as

See “Political campaign spending” under this main heading

Campus speech, regulation of

Canvassing and soliciting

Anonymously

In public places

Mailboxes

Visits to home

Captive audience

“Clear and present danger” test

Commercial speech

Current status of

“For Sale” signs banned

Harmful products, advertising of

Constitutionally-protected products

Vice products

Internal consistency required in regulation of

Lawyers, regulation of speech of

Misleading statements

Protection curtailed

Protection first given to

“Reasonably tailored means”

Communicative impact

Regulation aimed at speech

Compelled speech

Computer-generated images

Conduct distinguished from speech

Confidential information, disclosure of

Content-neutrality generally required

Corporate political expression

Crime, disclosure of information obtained by

Criminal trials, access to

Cross burning

Defamation

See also DEFAMATION

Draft resistance

Draft-card burning

Drug use, advocacy of in schools

Emotional distress, intentional infliction of

Fairgrounds

False statements of fact

Government’s right to ban

“Fighting words” doctrine

Flag desecration and misuse

Constitutional amendment, need for

Federal statute

Gag order to preserve fair trial

Government as speaker or funder of speech

Display of privately-donated monument

Government employees, speech by

Hair and clothing regulation

“Hate speech,” regulation of

Penalty-enhancement statutes

Hostile audience

Anger by audience not sufficient

Crowd-control required

Indecency, regulation of

Internet

Secondary-effects doctrine

Intentional infliction of emotional distress

Internet

Internet connections in libraries

Intimidation as non-protected activity

Issue ads

Jails

Lawyers, comments by

Lawyers, commercial speech by

Legal services furnished by lay groups

License plates, messages on

Licensing requirements

Loudspeakers

Media

Access to jails

Access to pre-trial proceedings

Broadcast media

Criminal trials, right of access to

Editorializing by public broadcasters

Ex parte search warrants

Government demands for information held by

Grand jury subpoenas

Prior restraints

Right of access to government-held information

Shield laws

Special role for the press

Mental anguish to listeners

Military bases

Military honors, lying about

Minors, protection of

Monument, government display of

Non-communicative impact aimed at speech

Nude dancing

Obscenity

See also OBSCENITY

Offensive words

Opinion, statements of

Outside speeches and articles, ban on payment for

Overbreadth

See OVERBREADTH

Political campaign spending

Constitutional limits

Contributions by individuals

Contributions to and by Political Action Committees

Corporate political expression

Expenditures by individuals

General rules governing

Limits on total campaign spending

Political parties, regulation of

Soft-money donations

Spending by millionaire’s opponent

Spending by political parties

Spending of candidate’s own money

Pornography

Child pornography

Pre-trial proceedings, access to

Prior restraints

Distinguished from subsequent punishment

Gag orders to preserve fair trial

Receipt of stolen goods as exception to

Strict scrutiny of

Threat of H-bomb

Private places

Right of access to

Public forum

Designated public forum

Jails

Military bases

Non-public forums

Schools

School mail system

Semi-public forums

Significant state interest required for regulation

True public forums

Workplace, governmental

School mail system

Schools

Protest in

Students, speech by

Teaching materials, choice of

Secondary-effects doctrine

Secret information, disclosure of

Shopping centers

Signs, regulation of

Sleeping in park

Sound equipment, regulation of

Students, speech by

Subject matter forbidden

Subversive advocacy

See also “Advocacy of illegal acts” under this main heading

Symbolic expression

“Time, place and manner” regulations

General test for validity

“Unprotected categories” approach

Vagueness

See VAGUENESS

Viewpoint neutrality

Workplace

FUNDAMENTAL RIGHTS

See DUE PROCESS OF LAW

GAY MARRIAGE

Equal protection analysis of

Substantive due process analysis of

GERRYMANDERING

See VOTING RIGHTS

GOVERNMENTAL MOTIVE

Commerce Clause cases, irrelevant in

Discriminatory intent

Generally not inquired into

In freedom of speech cases

HABEAS CORPUS 

“HATE SPEECH”

See also FREEDOM OF SPEECH

Regulation of as First Amendment violation

HEALTH CARE ACT

Constitutionality of federal

HIRING

Equal protection and

HOMOSEXUALITY

See also DUE PROCESS OF LAW, GAY MARRIAGE, and SEXUALITY

Animus toward unpopular groups

Equal protection analysis of

Fundamental right not found

Gay marriage

Substantive due process protection of

ILLEGITIMACY

See also EQUAL PROTECTION

 Generally, 364

IMMUNITIES

Civil immunity of presidential assistants

Civil liability of President for official acts

Civil liability of President for unofficial acts

Criminal prosecution of executive officials

Federal immunity from state regulation

From taxation

Federal immunity from state regulation

State immunity from federal taxation

Of Congress

Of executive

IMPEACHMENT

 Generally

Congress’ demand for materials pursuant to

Criminal liability following

“High crimes and misdemeanors,” meaning of

Reviewability of by the courts

INDEPENDENT AND ADEQUATE STATE GROUNDS

Supreme Court review obviated by

INTERMEDIATE SCRUTINY

See EQUAL PROTECTION

INTERNET

Indecency on, regulation of

INTERSTATE COMMERCE

Channels of interstate commerce

Congress’ power over

“Activity” required for

Child labor

Civil rights legislation

“Cumulative effect” theory

“Current of commerce” theory

“Direct logical relationship” to required

Findings by Congress, significance of

Forced purchase of good or service

Insurance, forced purchase of

Intrastate activities, regulation of

Limits on

Marijuana cultivation

Modern trend, generally

Non-commercial activities, regulation of

Police-power regulations

“Substantial economic effect” on

Tenth Amendment as limit on

Violence against women

Instrumentalities of interstate commerce

Outgoing trade, barriers to

Relocation, pressures inducing

State as purchaser or subsidizer

State regulation of

Balancing test

Congress’ power to reverse

Congress’ silence, general effect of

Contradictory standards

Cumulative burdens

Discrimination

Disproportionately burdensome to

Environmental rules

Health objectives

Incoming trade, barriers to

Less-restrictive alternatives

Local matters

Local-processing requirements

“Market participant,” state as

Means-end fit

Migration by individuals

Modern approach

Natural resources, embargo of

Need for “legitimate state end”

Outgoing trade, barriers to

Protectionism

Purchaser or subsidizer, state acting as

Taxation

Transportation

“Substantially affecting” commerce

INTERSTATE COMPACTS 

JUDGES

Campaign fundraising by

Campaign speech by, regulation of

JUDICIAL BRANCH

Bias by judge as due process violation

Congress’ control of federal judicial power

Separation of powers involving

Speech by judges, regulation of

Supreme Court’s powers

JUDICIAL REVIEW

Legitimacy of

JUSTICIABILITY 

See also ADVISORY OPINIONS, ELEVENTH AMENDMENT, MOOTNESS, POLITICAL QUESTIONS, RIPENESS and STANDING

LEGISLATIVE VETO

Invalidated

LESS RESTRICTIVE ALTERNATIVES

Access to criminal trials

Compulsory disclosure of associational ties

Interstate commerce

State regulation of commerce

LIBERTY OF CONTRACT 

LICENSE PLATES

Regulation of messages on

“LINE ITEM” VETO

Invalidated

MARRIAGE

As fundamental right

By homosexuals

By persons owing child support

Same-sex marriage

MEDICAL TREATMENT

Right to refuse

“MERE-RATIONALITY” TEST

See EQUAL PROTECTION

MIDDLE-LEVEL SCRUTINY

See EQUAL PROTECTION

MILITARY COMMISSIONS

President’s power to establish

MILITARY HONORS

Government’s right to punish lies about

MOOTNESS

 Generally

“Capable of repetition, yet evading review”

Class actions

Collateral consequences

Voluntary cessation by defendant

MORATORIUM

On development, as taking

MOTIVE

See GOVERNMENTAL MOTIVE

NECESSARY AND PROPER CLAUSE

Broad reading given to

Must be incidental to enumerated power

OBSCENITY

 Generally

Child pornography, possession of

Children as audience

Children as photographic subjects

Community standards

Pictures, book without

Private possession by adults

Scienter required

OPINION

Statement of as defamation

OVERBREADTH

 Generally

As exception to rule against third-party standing

Canvassing and soliciting

Communist-control statutes

Defined

Rationale for

Substantial overbreadth now required

PARADES

Government interference with participation in

“PARTIAL BIRTH” ABORTION 

PERMIT

Requirement of as free-speech violation

PLEDGE OF ALLEGIANCE

As violation of Establishment Clause

POLITICAL QUESTIONS

 Generally

Commitment to other branches

Factors giving rise to

Gerrymandering

Impeachment

Judicially manageable standards, lack of

Reapportionment

Republican form of government, guarantee of

War Powers disputes

PRAYERS

Sponsored by government, as Establishment Clause violation

PREEMPTION

 Generally

Conflicts preemption

Consent by Congress to state laws

Express preemption

Field preemption

Implied preemption

PRESIDENT

See EXECUTIVE POWER

PRIVACY, RIGHT OF 

See also DUE PROCESS OF LAW

PRIVATE CONDUCT

Congress’ power to reach under 14th Amendment

PRIVILEGES AND IMMUNITIES

Of national citizenship (14th Amendment)

Recent expanded view of

Right to travel

Of state citizenship (Art. IV)

Discrimination, test for

Equal protection, distinguished from

“Fundamental rights,” limitation to

Market participant, no exception for

Municipal residence, discrimination based on

Practice of law, right to

PUBLIC FORUM

See FREEDOM OF SPEECH, Public forum

PUNITIVE DAMAGES

See DUE PROCESS OF LAW, Punitive damages

QUOTAS

Ban on in admissions

Defined

RACIAL CLASSIFICATIONS AND QUOTAS

 See also EQUAL PROTECTION and QUOTAS

Minority set-asides by states and cities

REAPPORTIONMENT

 Generally

Equality, permissible deviation from

Gerrymandering

Local government bodies

“One person, one vote” principle

Redistricting process

RECESS APPOINTMENTS

By President

RECOGNITION OF FOREIGN GOVERNMENTS 

REDISTRICTING

Election Clause and

RELIGION, FREEDOM OF

See ESTABLISHMENT CLAUSE and FREE EXERCISE CLAUSE

RETROACTIVITY

Contract Clause as restriction on

Ex post facto rule as restriction on

Taking Clause as restriction on

RIGHT OF INTERSTATE MIGRATION

See RIGHT TO TRAVEL, EQUAL PROTECTION

RIGHT TO DIE

See also DUE PROCESS OF LAW, “Right to die”

 Generally

Children

“Clear and convincing” standard

Health care proxy

Incompetent patient

Living will

Suicide

RIGHT TO TRAVEL

See also EQUAL PROTECTION

 Generally

Protected under 14th Amendment Privileges or Immunities Clause

RIPENESS

 Generally

Criminal statute, uncertain enforcement of

Specific threatened harm

SAME-SEX MARRIAGE

Equal protection analysis of

Fundamental Right to

Substantive due process analysis of

SECOND AMENDMENT 

Handgun ban and

Standard of review for

Types of weapons covered

Unloaded guns, requirement of

SECONDARY-EFFECTS DOCTRINE

In free-speech cases

SEGREGATION

See EQUAL PROTECTION

SEPARATION OF POWERS

 Generally

Appointment of federal officers

Commitment of the armed forces

Executive immunity

Executive privilege

Habeas corpus and

Impeachment

Judicial branch, undue delegation to

President’s power, see EXECUTIVE POWER

President’s veto power

Legislative veto

“Line item” veto

Pocket veto

Recognition of foreign governments

Removal of appointees

By Congress

By President

Special prosecutor

SEX DISCRIMINATION

See also EQUAL PROTECTION

Affirmative action to cure

SEXUALITY

Consensual sexual activity

Homosexual conduct, change in Court attitude towards

Equal protection and

Substantive due-process protection of

SIGNS

Regulation of as First Amendment violation

SOVEREIGN IMMUNITY

Of states before federal administrative agencies

Of states in their own courts

SPEECH AND DEBATE CLAUSE 

SPENDING POWER

 Generally

Coercion of states as limit on

Conditions set on use of federal funds

Distinct enumerated power, existence as

“General welfare” requirement

Regulation, attempt to use for

STANDING

 Generally

“Actual or imminent harm” requirement

Threat of prosecution as satisfying

Causation requirement

Constitutional basis for

“Certainly impending” requirement

Citizenship suits

Constitutional vs. prudential limitations

Federal taxpayer suits

Harm suffered by many

“Injury in fact” requirement

“Institutional” loss of power

Minorities, denigration of

Nexus requirement for taxpayer suits

Non-economic harms

Organizations and associations

Prudential standing

Rationale behind doctrine

State as plaintiff

Suits not based on taxpayer or citizenship status

Tax breaks for discriminatory private schools

Taxpayers’ standing

Third-party standing

STATE ACTION

 Generally

Acquiescence by state

Civil rights laws, repeal of

Commandment by state

Company towns and shopping centers

Electoral process as constituting

Encouragement by state

Entanglement by state

Entwinement between state and private actor

Final act, by state

Funding by state

“Government entity” defined

Involvement of state

Joint participation by state as private actor

Licensing by state

Modern approach to

Monopoly, grant of by state

“Nexus” doctrine

Parks and recreation, operation of

Private school, operation of

“Public function” approach

Racially-restrictive covenants

Recognition by state of private actor’s role

State “exclusivity” requirement

“Symbiosis” between state and private actor

Utility, operation of

Warehouseman’s lien as

STRICT SCRUTINY

See EQUAL PROTECTION

SUBSTANTIVE DUE PROCESS

See DUE PROCESS OF LAW

SUICIDE

See DUE PROCESS OF LAW, RIGHT TO DIE

SUPREMACY CLAUSE

See PREEMPTION

SUPREME COURT’S AUTHORITY

 Generally

Certiorari

Grounds for grant of

Congress’ control of

Jurisdiction of Court today

Review of state court decisions

Independent and adequate state grounds

Right to judge statute’s constitutionality

SUSPECT CLASSIFICATIONS

 Generally

National origin

Purposeful discrimination required

Race

Wealth as

SUSPENSION CLAUSE

Habeas corpus and

TAKING CLAUSE

 Generally

Denial of all economically viable use

Diminution in value

Economic development as basis for taking

Landmark preservation

Moratorium on development as taking

Notice, owner who takes with

Physical occupation

“Prevention of harm” or “noxious use” rationale

“Public use” required

Taking distinguished from regulation

Temporary delay as taking

Zoning regulations

TAXATION

Apportionment of direct taxes

Cumulative burdens

Based on content

Exports not taxable

Federal government’s power of

Immunities from

Penalty as falling within Congress’ power to tax

Regulatory effect of

States, power of

Burdensome but facially neutral schemes

Discrimination against commerce

Minimum contacts required

TAXPAYERS

Standing of to bring federal suit

TEN COMMANDMENTS

Display of as Establishment Clause violation

TENTH AMENDMENT

Impairment of state’s essential functions

Law-making mechanisms, use of states’

Insignificant as general rule

Procedural safeguards protecting

TERM LIMITS 

THIRTEENTH AMENDMENT

Congress’ power to enforce

Private conduct reachable under

Purposeful discrimination required

Self-executing scope of

TREATY POWER

 Generally

Executive agreements

TUITION VOUCHERS

Establishment Clause and

VAGUENESS

 Generally

Canvassing and soliciting

Use of to invalidate denials of public jobs or benefits

VISITATION RIGHTS

Parent’s substantive due process right to control

VOTING RIGHTS

See also FREEDOM OF SPEECH, “Political campaign spending,” FIFTEENTH AMENDMENT, and VOTING RIGHTS ACT

As being fundamentally right

Ballot access

Candidate eligibility rules

Discriminatory purpose required

Drawing of election districts

Duration-of-residence requirements

Election districts, drawing of

Election districts, racially motivated

Electoral process as state action

Felons, denial of voting rights to

Filing fees payable by candidates

Gerrymandering

Minor parties

Partisan gerrymanders

Poll tax

Statutory protection of

Voter identification requirements

Voter qualifications

Voting Rights Act

VOTING RIGHTS ACT

Congressional enforcement of voting rights in

WAR POWERS

 Generally

Commitment of the armed forces

Power to establish military commissions

WEALTH CLASSIFICATIONS

See EQUAL PROTECTION