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Constitutional Law Mnemonics - Nick's Livejournal Blog, which is often not about monkeys.
December 1st, 2010
05:11 pm
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Constitutional Law Mnemonics
Spending Power: GWUFINPPIB General Welfare,
Unammbiguous,
Federal Interest in National Program or Product
no Independant Bar

10th Amendment: FARTS - Feds can Apply Regulations to States
FECALS - Fderal Edict Can’t Assign Law to States
CRAPPOLA - Can’t Require Any Payment for Programs Of Local Authorities

Plain & Clear Requirement ALPACAS - Aim at Local Plainly And Clearly to Apply to States

SC Rule 10 ABFAB: Any question Between Federal Appellate Branches
FLABSCAFAB: Federal Law Argument Between State Court And Federal Appellate Branch
FLABSCAB - Federal Law Argument Between State Courts. Ab.
COSCO ASCAP - Circuit Or State COurt Argues with Supreme Court of America’s Precedent
SCOTTIE FLAUCAS - Supreme Court Oughtta Think Through Important Effect of Federal Law from Appellate US Court or Any State court

Necessarry & Proper Clause NAP-NAPA: Neccesary And Proper - Never Any Power Alone

Reach of Judicial Review JURASSIC FECES: JUdicial Review: Actions of States; Statutes In Congress; Federal Executive’s, Congress’ EffortS.

Dormant Commerce Clause O’SODA - Other States Overtly Discriminated Against
SUMO RIDE - State Uses Means Or Regardless of Intent, Discriminatory Effects
FOR NOB ACE - 1)Function of Regulation 2)Nature of Business 3)Actual Commercial Effect

Supr Ct’s Original Jx FAUST - cases involving Foreign Ambassadors, and US STates

Preemption of State Law COIN FED - Conflict Or Interference Naked, Federal End Deflated
CITY OF EBOLA - Congress Intends To, Y’know, Occupy the Field Expressly or By: (1) - Law’s comprehensiveness, (2) - Agency created to administer

Positivism: POT - Positivism = Originalism & Textualism
Originalism FIVE-O - Framers’ Important ValuE = Originalism

Normativism NET PRICCE - Normativism: Extra-Textualism: Political Realities, Influence of Custom, Consensus, Experience

Standing CRISS, PITIR - Causation, Redressability, Injury = Standing to Sue. Personal Injury Threat (for Injunction) Reasonable

Timing TRAM - Timing: Ripeness And Mootness

Ripeness for Injunctive or Declaratory Relief SHIRT WEEDWHAC - Severity of Hardship If Required To Wait; Extent Evidentiary Development Would Help A Court

Mootness Exceptions MECA HIT LIST - Mootness Exceptions: Class Action; Hearing Issue Takes Longer thatn Issue Should Take

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