BAR-CONTRACTS Flashcards
Import-Export Clause``
No state shall, w/o consent of congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws.
Can you limit amount of money to a) a candidate’s campaign? b) a committee that supports or opposes a ballot measure?
a. Yes
b. No;
When will a federal court hear a pending state criminal proceeding
Only where pending state court action is in Bad Faith
What is a local/state government’s ability to regulate a subject, where Congress has not acted?
Where Congress has not adopted laws regarding a subject, local governments aer free to tax or regulate local aspects of that subject as long as it does not discriminate against interstate commerce or unduly burden it.
A tax is unduly burdensome where locality’s need for revenue does not outweigh burden on interstate commerce
Can a state govt employer compel you to honor flag?
No. might interfere with your religious rights.
Overbreadth
Where a statute prohibits substantially more speech than is necessary—punishes a substantial amount of protected speech judged in relation to its legitimate sweep it is facially invalid and cannot be enforced. .
Fighting Words
Personally abusive epitthets that, when addressed to an ordinary person, are likely to incite immediate physical retribution.