Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Constitutional Law > Black Letter Law > Flashcards

Black Letter Law Flashcards

You may prefer our related Brainscape-certified flashcards:
Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

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

A

is not

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Congress does have the power to subpoena witnesses to ____.

A

compel their presence at congressional investigatory hearings

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

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

A

declaratory judgment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

In First Amendment law, a prior restraint is:

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

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

A

regulate civilian activities outside the theater of active war zones

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

The Twenty-First Amendment allows states to:

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Executive agreements may not ____.

A

conflict with existing federal statutes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

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

A

the goods reach their destination

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

May a state tax discriminate against interstate commerce?

A

Yes, if Congress authorizes the tax.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

The grounds for impeachment are ____.

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

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

A

majority; two-thirds

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

The Tenth Amendment prohibits Congress from:

A

commandeering state officials

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

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

A

Dormant Commerce Clause

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

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

A

acting as a market participant

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions