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Constitutional Law > Black Letter Law > Flashcards

Black Letter Law Flashcards

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1
Q

The doctrine of “field preemption” means that:

A

Federal laws can occupy an entire field, and preempt any state laws in that field, whether conflicting or complementary.

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2
Q

A time, place, and manner regulation of a limited public forum will be invalid unless it is:

A

Viewpoint natural and rationally based related to a legitimate government purpose.

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3
Q

The Supreme Court can review a decision from the highest court in a state if ____.

A

the state court decision turns on federal grounds

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4
Q

When a private individual is suing for defamation arising from a statement regarding a matter of public concern, what is the minimum level of fault that the individual must prove in order to prevail?

A

negligence

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5
Q

Congress’s power to investigate ____ limited to areas directly related to contemplated legislation.

A

is not

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6
Q

Congress has the implied power to investigate to secure information as a basis for ____.

A

potential legislation or other official action (such as impeachment or trying impeachments)

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7
Q

Congress does have the power to subpoena witnesses to ____.

A

compel their presence at congressional investigatory hearings

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8
Q

Regarding intersovereign litigation among the states and the federal government, a state ____ sue ____ without that party’s consent.

A

may not; the United States

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9
Q

Any regulatory system, injunction, or other action by the government that serves to stop speech from reaching the public is called ____.

A

prior restraint

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10
Q

A suit seeking a ____ can meet the case or controversy requirement.

A

declaratory judgment

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11
Q

If the limitation on First Amendment activities is severe, it will be upheld only if ____.

A

narrowly tailored to achieve a compelling interest

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12
Q

In First Amendment law, a prior restraint is:

A

government action that prohibits speech or other expression before the speech happens

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13
Q

Generally for government action to be valid under the Establishment Clause, the action ____.

A

must be religiously neutral or in accord with history and the understanding of the Founding Fathers

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14
Q

A person has a property interest in continuation of a government benefit if the person has ____.

A

a legitimate claim or entitlement to the benefit

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15
Q

The war-making power can be used by Congress to ____.

A

regulate civilian activities outside the theater of active war zones

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16
Q

The Twenty-First Amendment allows states to:

A

prohibit all sellers from making direct shipments of liquor to customers within the state

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17
Q

Executive agreements may not ____.

A

conflict with existing federal statutes

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18
Q

A state may impose an ad valorem property tax on goods shipped through interstate commerce when:

A

the goods reach their destination

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19
Q

A content-neutral speech regulation will be upheld if it:

A

(i) furthers important interests that are not related to the suppression of speech
(ii) does not burden more speech than is necessary to advance such interests

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20
Q

May a state tax discriminate against interstate commerce?

A

Yes, if Congress authorizes the tax.

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21
Q

____ are the three suspect classifications designated by the Supreme Court as requiring a strict standard of review for a challenge to a government action or law on the basis of equal protection.

A

race, national origin, and alienage

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22
Q

The grounds for impeachment are ____.

A

(a) treason
(b) bribery
(c) high crimes
(d) misdemeanors

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23
Q

Impeachment requires a ____ vote of the House and a ____ vote of the Senate.

A

majority; two-thirds

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24
Q

Congress can choose to ____ to children born aboard to United States citizens and choosing to deny entry to ____.

A

denying citizenship; aliens based on their political beliefs

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25
Q

What are the power not specifically granted to the federal government by the Constitution?

A

(a) general police power
(b) power to fix weights and measures

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26
Q

The Tenth Amendment prohibits Congress from:

A

commandeering state officials

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27
Q

When a public figure is suing for defamation, what is the minimum level of fault that the official must prove in order to prevail?

A

malice

(i) knowledge that the statement was false
(ii) reckless disregard as to its truth or falsity

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28
Q

If a state law violates the Privileges and Immunities Clause of Article IV, it might also violate the ____.

A

Dormant Commerce Clause

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29
Q

The Privileges and Immunities Clause of Article IV limits state discrimination against ____.

A

nonresidents with regard to fundamental rights, which includes commercial rights

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30
Q

The Commerce Clause has an exception for discrimination where the state is ____.

A

acting as a market participant

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31
Q

If the government allows an issue to be presented in a nonpublic forum, the government may not limit the presentation to only one view; the regulation must be:

A

viewpoint neutral

32
Q

The Due Process Clauses of the Fifth Amendment and the Fourteenth Amendment provide that the government shall ____.

A

not take a person’s life, liberty, or property without due process of law

33
Q

The power to regulate foreign commerce lies ____.

A

nearly exclusively in the federal government

34
Q

Under current law, when will Congress’s regulation of noncommercial, noneconomic intrastate activities be upheld?

A

Only if Congress can factually show a substantial economic effect on interstate commerce.

35
Q

A law or government program that prefers one religious sect over others probably will be held invalid unless it can be shown that it is:

A

Necessary to serve a compelling government interest.

36
Q

Government actions that include sect preferences must meet a ____ standard to be valid under the ____.

A

strict scrutiny; Establishment Clause

37
Q

Like treaties, executive agreements prevail over ____.

A

conflicting state laws

38
Q

The federal courts will not hear a case unless the plaintiff can show a concrete stake in the outcome of the litigation.

What is the name given to the standing concept that a decision in the plaintiff’s favor will eliminate the harm to the plaintiff?

A

redressability

39
Q

The President’s veto of a bill may be overturned by ____.

A

a two-thirds vote of both houses

40
Q

The Necessary and Proper Clause gives ____ the power to enact laws appropriate for carrying into execution any ____

A

Congress; power granted to any branch of the federal government

41
Q

____ is a legislative act that imposes a punishment, criminal or otherwise, without a judicial trial, on one or more individuals who either are specifically named or are identified by their past conduct.

A

a bill of attainder;

42
Q

An ____ refers to a law that retroactively changes the criminal law in a way that deprives an individual, for purposes of punishment, of a right the individual previously enjoyed.

A

ex post facto law

43
Q

When a state acts as a market participant, may ____, such as by distributing state-owned resources only to residents or paying residents more for something than it would pay a nonresident.

A

favor its own citizens

44
Q

As a general rule, the press’s First Amendment rights are the same as ____.

A

the public’s First Amendment rights

45
Q

A ____ test must be met in order for a regulation affecting core political speech to be upheld.

A

strict scrutiny

46
Q

Under its taxing power, Congress may tax for the purpose of ____.

A

raising revenue

47
Q

The Fourteenth Amendment prohibits ____ from depriving any person of life, liberty, or property without due process and equal protection of the law.

A

states

48
Q

The Supreme Court has stated that the Free Exercise Clause prohibits government regulations that ____.

A

punish conduct just because it is religious

49
Q

Regarding the First Amendment freedom of speech, an overbroad regulation is one that ____.

A

prohibits substantially more speech or speech-related conduct than is necessary to achieve a legitimate government interest

50
Q

It is not sufficient that economic activity within a state has ____ on interstate commerce; the effect must be ____.

A

“any” effect; substantial

51
Q

Congress’s commerce power extends to:

A
  • transportation
  • internet
  • electricity
  • gas
  • telegraph
  • telephone
  • television
  • radio
  • mail
52
Q

The one person, one vote principle requires almost exact mathematical equality between ____.

A

congressional districts within a state

53
Q

The needs of the ____ can outweigh the President’s interests in keeping papers and conversations confidential.

A

criminal justice system

54
Q

The employer may ask about membership in ____.

A

any organization relevant to the employee’s position

55
Q

A law or government program must be ____ if it includes a preference for some religious groups over others.

A

necessary to serve a compelling government interest

56
Q

Under the rational basis test, a law will be upheld if it is ____.

A

rationally related to a legitimate government interest
(burden of proof on challenger)

57
Q

It would be improper for the ____ to adjudicate a border dispute between states.

A

Senate

58
Q

The power to adjudicate actions where two or more states are involved, which would include actions to adjudicate border disputes, is vested in the ____.

A

judicial branch (Supreme Court/ other federal courts)

59
Q

Congress may “regulate” states through its spending power by ____.

A

imposing conditions on the grant of money to state governments

60
Q

A federal court will hear an action to enjoin a pending state court prosecution if it is ____.

A

being conducted in bad faith (merely to harass the defendant)

61
Q

A person has standing to challenge a governmental action if he can show ____ from the action that is ____ when the government acts unlawfully, and that a decision in his favor will remedy the injury.

A

an injury in fact; greater than the injury everyone suffers

62
Q

If an ordinance is being applied unconstitutionally, a person has ____.

A

standing

63
Q

Discrimination against illegitimate children is judged by a ____ similar to that used in gender discrimination cases.

A

quasi-suspect standard

64
Q

Quasi-suspect standard requires that the classification be ____.

A

substantially related to an important state purpose

65
Q

When a law that involves classifications based on gender or legitimacy is challenged, ____ standard is applied, and the burden of proving that the law is constitutional generally is on the ____.

A

an intermediate scrutiny; government

66
Q

A case or controversy will exist if there is an ____.

A

actual dispute between parties having adverse legal interests

67
Q

The Establishment Clause prohibits government sponsorship of ____.

A

religion
(meaning the government cannot aid or formally establish a religion)

68
Q

The Supreme Court has held that a charitable appeal for funds involves a variety of speech interests protected by ____.

A

the First Amendment

69
Q

The Supreme Court has found the ____ to be fundamental rights.

Thus, government limitations on these rights, if challenged, generally will be held invalid unless ____.

A

right to vote, to speak freely, and of privacy

the government can prove that the limitation is necessary to achieve a compelling government interest

70
Q

Under his power as commander in chief, the President has the power to ____ but lacks the power to ____.

A

establish a military government in occupied territories; declare war unilaterally

71
Q

Content-based regulations on protected speech are subject to ____. The government must prove that the regulation is the ____.

A

strict scrutiny; least restrictive means to achieve a compelling government interest

72
Q

To be constitutional, restrictions on the content of speech (content-based) must be ____.

A

necessary to achieve a compelling government interest

73
Q

The government has a compelling interest in categories of speech, which are deemed “unprotected speech.” What are the “unprotected speech?”

A

(1) inciting imminent lawless action
(2) true threats and fighting words
(3) obscenity
(4) defamatory speech
(5) some commercial speech

74
Q

What are the elements of inciting imminent lawless action?

A

(1) imminent illegal conduct is likely
(2) speaker intended to cause it

75
Q

Speech constitutes obscenity if it described or depicts sexual conduct that, taken as a whole, by the average person:

A

(1) appeals to the prurient interest in sex, using a community standard
(2) patently offensive
(3) lacks serious literary, artistic, political, or scientific value, using a national reasonable person standard

76
Q

Commercial speech that proposes ____ may be restricted as unprotected speech.

A

unlawful activity or that is false, misleading, or fraudulent

77
Q

Commercial speech will be upheld only if it:

A

(1) serves a substantial government interest
(2) directly advances that interest
(3) is narrowly tailored to serve that interest

Constitutional Law (2 decks)

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