12.31 diagnostic Flashcards
To be valid, a time, place, and manner regulation of a limited public forum must be:
A Viewpoint neutral and narrowly tailored to achieve an important government interest
B Viewpoint neutral and rationally related to a legitimate government purpose
C Content neutral and rationally related to a legitimate government purpose
D Content neutral and narrowly tailored to achieve an important government interest
B
non-public, limited public forum the same
If a regulation of speech is found to be overbroad, but judged in relation to its plainly legitimate sweep it does not prohibit a substantial amount of protected speech, may it be enforced?
A Yes, against anyone because it does not prohibit a substantial amount of unprotected speech
B No, because it is overbroad, but judged in relation to its plainly legitimate sweep
C Yes, but only against persons engaging in activities that are not constitutionally protected
D No, because it is unconstitutional
C
if a regulation is not too overbroad, the Court allows it to be enforced against people whose speech or speech activities are not protected by the Constitution.
Under the Due Process Clause, the following government acts are considered deprivations of liberty except:
A Denial of the right to engage in gainful employment
B Loss of a freedom provided by the Constitution
C Defamation without a tangible loss
D Denial of the right to vote
C
not mere harm to reputation
A government act that causes defamation without a tangible loss is not considered a deprivation of liberty under the Due Process Clauses. The term “liberty” includes more than just freedom from bodily restraints. A deprivation of liberty occurs if a person (i) loses significant freedom of action; or (ii) is denied a freedom provided by the Constitution or a statute. Damage to one’s reputation generally does not involve a loss of significant freedom of action or of a freedom provided by law. Therefore, it generally does not constitute a deprivation of liberty. (
Which of the following statements is correct regarding government action challenged under the Due Process or Equal Protection Clause where no fundamental right or suspect or quasi-suspect classification is involved?
A The law is valid only if it is substantially related to a legitimate government purpose
B The burden of proof is on the government to show that the law is necessary
C The law will be upheld unless it is arbitrary
D The law must be the least burdensome means to achieve the legislative goal
C
if government action is challenged under the Due Process or Equal Protection Clause, and no fundamental right or suspect or quasi-suspect classification is involved, the law will be upheld unless it is arbitrary or irrational. A rational basis standard applies. The law is valid if it is rationally related to a legitimate government purpose; it need not be substantially related to a legitimate purpose. The burden of proof is on the CHALLENGER to show that the law is unconstitutional, NOT on the government to show that it is necessary. The law need NOT be the least burdensome means to achieve the legislative goal
Which of the following is NOT required for federal court jurisdiction?
A An economic injury
B A real, live controversy
C Harm or an immediate threat of harm
D A concrete stake in the outcome
A
An economic injury to the plaintiff is not required for federal court jurisdiction. Some specific injury must be alleged, and it must be more than the mere theoretical injury that all persons suffer by seeing their government engage in unconstitutional actions, but it need not be economic. In some cases, the Supreme Court has found that an individual is harmed because the alleged illegal or unconstitutional action has an impact on the person’s well-being, the environment, etc. A real, live controversy is required for federal court jurisdiction. A federal court will not hear a case that has become moot; a real, live controversy must exist at all stages of review, not merely when the complaint is filed. Harm or an immediate threat of harm (injury prone) is required for federal court jurisdiction. The case or controversy requirement prohibits federal courts from hearing cases before they are ripe for review—i.e., before a law has been enforced or is threatened to be enforced. A concrete stake in the outcome is required for federal court jurisdiction. A federal court will not decide a constitutional challenge to a government action unless the person who is challenging the government action has standing to raise the constitutional issue (i.e., can show an injury in fact that can be remedied by a decision in her favor).
Congress’s commerce power:
A Extends to transportation only if commercial activity is involved
B Extends to intrastate activity that is economic and has a substantial effect on interstate commerce
C Does not apply to the transmission of information over the Internet
D Is unlimited
B
Congress’s commerce power extends to transportation REGARDLESS of whether commercial activity is involved.
Which of the following activities involving public schools is valid under the Establishment Clause?
A A school policy whereby students themselves decide whether to hold a student invocation ceremony prior to athletic events.
B Posting of the Ten Commandments in a public school pursuant to legislature’s declaration that the posting is for a secular purpose.
C A voluntary moment of silent prayer or meditation at the beginning of the schoolday.
D A program whereby, once weekly, the school day ends one hour early so that interested students may participate in voluntary religious classes in a separate location from the school.
D
A similar program held in the school itself has been struck down, because turning the classrooms over to religious instructors was found to promote religion.)
A: The policy promotes religion and allowing the students to vote does not negate the policy’s effect.
Which of the following is true under the preemption doctrine?
A Federal laws can occupy an entire field and prevent any state laws in the field, whether conflicting or complementary
B A state law will not be held invalid unless it interferes with achievement of a federal objective
C A state law that does not interfere with achievement of a federal objective will be upheld unless a federal law expressly prohibits state legislation
D A preemption clause in a federal law will be construed broadly by the federal courts
A
a state or local law may fail under the Supremacy Clause, even if it does not conflict with federally regulated conduct or objectives, if it appears that Congress intended to “occupy” the entire field, thus precluding any state or local regulation. The statement that a state law that does not interfere with achievement of a federal objective will be upheld unless a federal law expressly prohibits state legislation is not correct. Preemption may be express or implied.
The states are sovereignties apart from the federal government. When the federal government acts within a state, the state may:
A Directly tax federal property and instrumentalities within the state
B Charge a sales tax on items purchased by contractors acting as purchasing agents for the federal government
C Require federal employees who drive as part of their jobs to have a valid driver’s license, even when performing job duties
D Impose an income tax on persons who receive a salary from the federal government
D
States MAY impose an income tax on persons who receive a salary from the federal government, as long as the tax is nondiscriminatory and does not burden the federal government. States may NOT directly tax federal property and instrumentalities within the state. States may NOT charge a sales tax on items purchased by contractors acting as purchasing agents for the federal government.
States may NOT require federal employees to have a valid driver’s license to drive within the state while performing job duties. The states may not regulate the federal government without the federal government’s consent. Thus, instrumentalities and agents of the federal government are immune from state regulations relating to performance of their federal functions.
Under the Commerce Clause:
A Congress can adopt laws discriminating against interstate commerce and so can states if authorized by federal law
B Neither Congress nor the states may adopt laws discriminating against interstate commerce
C Congress can adopt laws discriminating against interstate commerce, but states cannot
D The states can adopt laws discriminating against interstate commerce but Congress cannot
A
dormant commerce clause
Dormant Commerce Clause prohibits state laws that discriminate against or unduly burden interstate commerce
all out-of-staters (including aliens or corporations)
exceptions: - congressional approval
- market participant
P&I of Art. IV
P&I of Art. IV prohibits state laws that discriminate against out of state US citizens re
important commercial activities and earning … (livelihood); or
fundamental rights
P or I of 14A
P or I of 14A prohibits state laws that interfere with
interstate travel
petition the government
not bill of rights (DP)
In which of the following circumstances will a taking be found under the Fifth Amendment?
A A government regulation authorizes permanent use of private property by the general public.
B A government zoning regulation results in a decrease to the economic value of private property.
A
A government regulation that authorizes permanent use of private property by the general public is an example of a taking. A physical appropriation, destruction, or invasion by the government itself are not the only ways to achieve a taking. If the government action results in the property being appropriated or invaded by someone else, a taking has occurred. A government zoning regulation that results in a decrease to the economic value of private property is not a taking. As long as a potential economic use for the property remains in spite of the regulation, the mere decrease in the value of the property does not amount to a taking.
When the government takes private property for public use, which of the following statements is correct regarding the remedy?
A Just compensation is measured by the fair market value of the property as of the date of the court ruling that a taking has occurred.
B The government may not avoid payment of just compensation by rescinding the regulation.
C One who purchases property after a regulation that amounts to a taking was enacted does not have standing to make a claim for just compensation.
D The measure of damages is the loss the owner incurs, rather than the gain the taker receives.
D
The measure of damages required for just compensation is the loss the owner incurs, rather than the gain the taker receives. This is the proper measure of “reasonable value” that the courts look to in determining just compensation. Just compensation is measured by the fair market value of the property as of the date of the court ruling that a taking has occurred is incorrect. The time to be considered for just compensation valuation purposes is the time that the taking itself has occurred. The statement that the government may not avoid payment of just compensation by rescinding the regulation is incorrect. Once the court decides that a taking has occurred, the government may be required to pay just compensation to the property owner, or may be required to terminate the regulation and pay the property owner so-called temporary taking damages—compensation for any damage resulting during the time the regulation was effective.
