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Con Add-Ons Flashcards

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1
Q

Does taxpayer have standing to challenge use of funds by president that violate Establishment clause?

A

NO, only use of funds by CONGRESS that violate establishment clause

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2
Q

Can president pardon future acts or before charges are raised?

A

Future acts: NO

Before charges are raised: YES

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3
Q

Standard of review for denial of ordinary right vs. denial of fundamental right

A

Ordinary right: rational basis

Fundamental right: strict scrutiny

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4
Q

Can campaign expenditures be regulated as contributions?

A

It coordinated with candidate: YES

If independent: NO

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5
Q

Burford abstention

A

Federal courts will abstain from hearing case when it involves COMPLEX ADMINISTRATIVE PROCESSES

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5
Q

Standard of review for statutes limiting campaign contributions?

A

Strict scrutiny

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6
Q

Colorado River abstention

A

Federal courts will abstain from hearing case when PARALLEL LITIGATION is being carried out (with respect to same questions of law)

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7
Q

Does procedural due process apply to unintentional government acts of deprivation?

A

NO, only to INTENTIONAL government action causing life/liberty/property to be taken

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8
Q

Can SCOTUS review any final state court decision?

A

YES, so long as no adequate + independent state grounds

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9
Q

Does discrimination on basis of non-citizenship trigger strict scrutiny? (Federal v state classifications)

A

Federal: classification is valid unless arbitrary and unreasonable

State classification: strict scrutiny

State law prohibiting participation in govt: rational basis

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10
Q

Is Congress’s power to impose tariffs and regulate foreign commerce absolute?

A

YES

Therefore undue burden analysis does not apply

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11
Q

What PDP is due to public employee with property interst?

A

1) notice
2) pre-termination hearing (unless already a showing of guilt/not debatable)
3) post-termination evidentiary hearing

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12
Q

Is geographic uniformity requirement in place for state or fed taxes?

A

ONLY federal AND Indirect, does not exist for state-imposed taxes

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13
Q

When will the use of racial classifications on basis of history of discrimination pass strict scrutiny muster?

A

When used to address a state’s OWN history of discrimination, rather than general discrimination

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14
Q

Is wealth always a non-suspect class?

A

Yes, UNLESS lack of wealth prevents person from exercising fundamental right, in which case STRICT SCRUTINY applies

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15
Q

Does ex post facto prohibition apply to civil penalties?

A

NO (unless so punitive that overrides non-punitive purpose)

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16
Q

If non-economic activity has no impacts on interstate commerce, may federal government regulate?

A

NO, this is traditional area of state concern

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17
Q

What may Congress do under Property Clause?

A

Can regulate private property that affects public lands when necessary to protect those lands

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18
Q

Can state create regulations for Congressional elections, or just state?

A

Both, BUT regulations for national elections subject to Congressional override

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19
Q

Who has power to recognize foreign governments?

A

EXCLUSIVELY president

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20
Q

Is the federal government immune from taxation?

A

YES, govt/agencies/instrumentalities are immune from direct taxation by states UNLESS Congress expressly consents

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21
Q

Can Congress override dormant commerce clause?

A

YES, if conduct is authorized that would be in violation

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22
Q

21st Amendment?

A

Grants states broad authority to regulate alcohol within their borders

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23
Q

Does government funding or licensing of private facility trigger state action doctrine?

A

NO, insufficient to make facility govt actor

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24
Q

Standard of review for ordinary vs. severe burden regulations on state elections

A

Ordinary (nondiscriminatory) burden: rational basis

Severe (discriminatory) burden: strict scrutiny

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25
Q

Should rational basis or strict scrutiny apply to 2A issues?

A

UNCLEAR, SCOTUS has not decided

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26
Q

Can Congress make exceptions to SCOTUS appellate jdx?

A

Yes, under Article III

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27
Q

Does plaintiff always bear burden of establishing standing?

A

YES

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28
Q

Does assignee have standing to enforce rights of another in federal case?

A

Yes, so long as
1) original requirements for standing met AND
2) assignment made for ordinary business purpose in good faith

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29
Q

Does Congress have authority to enact laws to enforce treaty?

A

Yes, under Article II

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30
Q

Direct vs. indirect federal tax apportionment

A

Indirect federal taxes: Must be GEOGRAPHICALLY UNIFORM in each state where goods are located

Direct federal taxes: must be APPORTIONED appropriately among states based on POPULATION

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31
Q

What is 16th Amendment?

A

Gives Congress power to lay and collect INCOME tax

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32
Q

Does Takings Clause apply to govt purchases of land?

A

NO, just takings

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33
Q

Article I Suspension Clause

A

Allows people in federal custody to file writ of habeas corpus UNLESS Congress has suspended the writ

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34
Q

10th Amendment vs. 11th Amendment

A

10A: anti-commandeering, all non-federal powers reserved to states

11A: prohibits private parties + foreign govts from suing states in federal court

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35
Q

Can the federal government sue a state?

A

YES

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36
Q

Public university PDP requirements for disciplinary vs. academic dismissal

A

Disciplinary: notice + opportunity to be heard

Academic: just notice (opportunity to be heard NOT required)

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37
Q

One person, one vote principle for legislative districting

A

Legislative district populations must be APPROXIMATELY equal (deviations of 10% or less in total)

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38
Q

Do Establishment Clause restrictions apply to federal or state government?

A

BOTH

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39
Q

Does the fundamental right to travel involve visitation to other states?

A

NO, also refers to people who MOVE to new states

Durational residency requirements are thus evaluated with strict scrutiny bc they discourage movement (travel) into state

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40
Q

Does a tax credit to a religious group by fed or state govt violate the Establishment Clause?

A

NO, only tax appropriation, NOT credit

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41
Q

Relationship between non-enforcement and ripeness?

A

A history of non-enforcement could mean that a case is not ripe when it may usually be due to imminent injury (bc state has shown that there is no imminent risk)

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42
Q

Under Commerce Clause, can commerce involve non-business/non-financial movement among states?

A

YES, even movement of kidnapping victims

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43
Q

What rationale must Congress have to exercise its tax power?

A

it may exercise for ANY PUBLIC PURPOSE

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44
Q

Executive immunity vs. legislative immunity

A

Executive immunity: absolute immunity to civil suits for money damages while in office

Legislative immunity: immunity for statements made in regular course of legislative process, but NOT outside Congress

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45
Q

What process is due for forfeiture of property

A

Forfeiture (government seizure of property due to connection to criminal activity) requires:

notice + hearing

46
Q

When can Congress abrogate state immunity and exercise its Art I powers?

A

ONLY to allow states to be sued to enforce civil rights under 13A, 14, 15A OR Bankruptcy proceedings.

NOT for other areas of regulation, in this case states preserve their immunity

47
Q

Does Art IV Privileges and Immunities clause apply to people or corporations?

A

ONLY people

48
Q

Does Dormant Commerce Clause apply to discrimination against all out-of-state actors?

A

No, ONLY COMMERCIAL actors

49
Q

Are environmental concerns or aesthetic purposes legitimate govt interests under Takings Clause?

A

YES

50
Q

Does a 1-3% reduction in property value due to govt restrictions qualify as a taking? What about a taking of small amount of property?

A

NO, restrictions on new builds in negligible amt likely not taking

But taking of SMALL AMT of property (a persons resource rights are 1% of total in tract of land) ARE a taking

51
Q

Does requiring states to apply federal standards to state workers violated 10th Amendment?

A

NO, this is not commandeering because does not require state to enforce a federal law

52
Q

To remedy racism in contracting by a private party, should courts rely on 14A EPC, Contracts Clause, or 13A?

A

13A, because it does NOT require state action

14A and Contracts Clause can ONLY be applied to state actors

52
Q

Can cities regulate strip clubs/pornography under 1A?

A

Yes, can localize in particular area, but CANNOT impose blanket bans on pornography

53
Q

What types of actions can be taken under war and defense powers toward civilians

A

-excluding civilians from military areas
-implementing military draft
-imposing wage, price, and rent controls on civilian economy

54
Q

What is allowed under Congress’s property power?

A

Ability to dispose of and regulate FEDERALLY OWNED property

Public OR private use okay

55
Q

When does rational basis apply to state or local laws that substantially impact right to vote?

A

When the law limits right to vote in governmental unit’s election TO ITS RESIDENTS

56
Q

Does SCOTUS have original jdx over cases where a) one state is party and b) where two or more states are parties?

A

When ONE STATE is party: SCOTUS AND federal courts have concurrent jdx

When TWO OR MORE STATES are parties: SCOTUS has EXCLUSIVE jdx

57
Q

Do public employees have right to free speech in their official duties?

A

NO, not within scope of job

58
Q

Do public employees have right to free speech as private citizen on matter of public concern?

A

YES, govt can limit that speech only if its interest in efficient govt function OUTWEIGHS employee’s right to free speech

59
Q

When is media shielded from liability for publishing unlawfully obtained information?

A

When that information was 1) matter of public concern and 2) publisher did not obtain unlawfully OR know who did

60
Q

When may Congress regulate state govt without commandeering ?

A

Any time it acts within enumerated powers , NOT to enact legislation

Eg may require a federal agency (rather than state itself) to enforce federal statute within state

61
Q

When may third-party standing apply for non-parents?

A

When 1) parties share inextricably close relationship AND 2) genuine obstacles prevent party from asserting rights

E.g. school may bring suit on behalf of child due to privacy concerns for family

62
Q

Does 14A S5 give Congress power to expand or limit rights guaranteed by amendment?

A

NO, only to enforce, rather than expand or limit

63
Q

3 categories of state election restrictions that require rational basis scrutiny?

A

1) voter registration
2) photo ID
3) disallowing write-ins

64
Q

3 categories of state election restrictions that require strict scrutiny?

A

1) poll tax
2) disallowing third party candidates
3) property-ownership/minimum residency requirements

65
Q

If a law criminalizing an act is created after a person’s act, but before his arrest, is it ex post facto?

A

YES, it is retroactive criminal law, and thus is unconstitutional

66
Q

Can government regulate viewpoint-based regulation?

A

NO, bc this punishes speech targeting specific groups, is thus unconstitutional

67
Q

For military courts that deny due process to combatants, if a US citizen is detained, is he afforded due process?

A

YES, even if they are classified as enemy combatants, US citizens are still afforded due process

68
Q

When federal statute conflicts with executive agreement, which dominates?

A

FED STATUTE

69
Q

When federal statute and federal treaty conflict, which governs?

A

Whichever was enacted MORE RECENTLY

70
Q

Is prosecutor immune from civil liablility for damages?

A

YES, UNLESS he did not have jurisdiction to try the case

71
Q

When a state employee has property interest in her job, is she entitled to formal pre-termination hearing?

A

NO, just pre-termination opportunity to respond, unless there is significant reason for cause

72
Q

Does political question doctrine bar actions related to recognition of foreign govts?

A

YES, but NOT when it relates to validity of federal statute involving related disputes

73
Q

WHEN may Congress regulate non-economic activities that have significant economic impact in aggregate?

A

ONLY WHEN there is strong link between activity and interstate commerce

74
Q

May Congress remove federal officers by methods other than impeachment?

A

NO, this violates separation of powers

75
Q

Can state govt tax federal monies that are placed into bank account and spent by private contractor?

A

YES, because the purchases were made by contractor and NOT directly by federal govt

76
Q

Is supplying water to a city a “traditional and exclusive government function”?

A

NO, often taken on by private entities

77
Q

Is procreation a fundamental right?

A

YES, encompassed under right to privacy

78
Q

Can govt condition hiring an employee based on his political views?

A

NO, violation of 1A unless those factors are required for JOB PERFORMANCE

79
Q

Can Congress restrict right to interstate travel?

A

NO, fundamental right that cannot be restricted by states OR Congress

80
Q

When is a discriminatory state or local law valid?

A

ONLY IF it 1) furthers legitimate noneconomic interest and 2) no reasonable nondiscriminatory alternative exists

81
Q

Under Fair Housing Act, what size does building have to be for owner-occupied dwelling exception to apply?

A

4 units or less

82
Q

Does allowing a party to charge fees for land constitute just compensation for taking?

A

NO, must pay fair market value

83
Q

Can SCOTUS original jdx be modified?

A

NO

84
Q

Is bullshit acceptable to reach threshold of intelligible standard?

A

YES, literally ANYTHING

85
Q

If a statute provides for Congressional veto, is congressional veto valid?

A

NO, still a legislative veto

Presentment (showing to president for approval or disapproval) ALWAYS required

86
Q

Can states regulate activity by federal government

A

NO, unless there is Congressional consent

87
Q

Are presidential electors required to 1) swear to vote for candidate chosen by state’s popular vote 2) punish electors with removal if they do not comply and 3) punish electors with fine if they do not comply?

A

YES, all acceptable

88
Q

Does Takings Clause apply to professional licenses?

A

NO, not personal property

Instead, look to DP issues for professional licensing questions

89
Q

Are zoning restrictions on adult entertaining content-based or content neutral?

A

CONTENT NEUTRAL because they target secondary effects rather than content itself

So subject to intermediate scrutiny

90
Q

Do people have due process protections for privileges, or just rights?

A

BOTH

the historical rights/privileges framework has been abandoned for life, liberty, and property interests

91
Q

When may the federal govt abrogate 11A ?

A

Can allow suits against states if clearly acting under 14A S5 to enforce rights

92
Q

If a state is alleged to have violated a non-suspect class’s rights, is this still basis for federal abrogation of state immunity?

A

YES, if Congress expressly abrogates for damages arising under statute relating to rights of non-suspect class, this still arises under 14A S5 and thus abrogation is appropriate

93
Q

Can President refuse to spend or delay spending of funds allocated by Congress?

A

NO, when Congress mandates allocation, President cannot impound funds

94
Q

When Congress and president share powers, does president act within her authority when 1) she is authorized by Congress to act
2) Congress is silent about action
3) Congress opposes

A

If Congress authorizes: president’s act is LIKELY VALID

If Congress is silent: president’s act is valid IF under Art II powers and does not interfere with another branch

If Congress opposes: LIKELY INVALID

95
Q

Can Congress insist that funding recipient make certain statements as a condition?

A

NO, can insist funds be used for particular purpose, but CANNOT violate 1A by restricting recipient’s right to speech if UNRELATED to funding purpose

96
Q

Must a tax be rationally related to use f proceeds?

A

NO, can be for ANY PUBLIC PURPOSE

97
Q

May Congress take action to violate Dormant Commerce Clause?

A

YES, bc it has exclusive authority over interstate commerce, may act in ways that violate Dormant Commerce Clause (even if a STATE could not act in such a way)

98
Q

If SS and IS do not apply, does rational basis apply by default?

A

YES

99
Q

Can Congress restrict funds to e.g. top 10 research universities?

A

YES, not arbitrary and capricious, still for general welfare

100
Q

Are 2A restrictions on use of firearm in home okay?

A

NO, some govt restrictions are permissible, but cannot infringe on self-defense in home

101
Q

Can a PRIVATE ORGANIZATION be forced to accept members that burden its views?

A

NO, unless it is NECESSARY to achieve COMPELLING INTEREST (SS)

102
Q

Is segregation permissible in private schools?

A

ONLY IF no significant govt involvement (accreditation/licensing etc. unlikely to happen in reality)

103
Q

Can school-imposed punishment violate due process of 14A

A

YES, if grossly disproportionate to circumstances, as SUBSTANTIVE DUE PROCESS prohibits GROSS DISPROPORTIONALITY

104
Q

Do fed laws and treaties preempt conflicting state constitutions/laws?

A

YES, ALWAYS

Under SUPREMACY clause

105
Q

Two legislative action requirements

A

1) bicameralism (approved by both houses of Congress)

2) presented to president (presentment)

If this doesn’t happen, UNCONSTITUTIONAL LEG VETO

106
Q

Similar standard to ‘undue burden’ analysis

A

LESS RESTRICTIVE ALTERNATIVE

107
Q

What is minimum standard of evidence for parental rights termination?

A

CLEAR AND CONVINCING EVIDENCE required to comply w due process

108
Q

Is any affiliation with subversive group as basis for denying bar admission sufficient to violate 1A?

A

YES, association alone insufficient, must be active member with specific intent to further org’s illegal activities

109
Q

What subject matter areas implicate state police power?

A

state’s public health, safety, and welfare (e.g. changes to rates for protecting financial welfare)

110
Q

can states impose property taxes on moveable property coming in/out of state?

A

YES, so long as
SUBSTANTIAL NEXUS
FAIRLY APPORTIONED
NONDISCRIMINATORY
FAIRLY RELATED

111
Q

If federal law preempts state law, but state law is identical to fed law, is state law still preempted?

A

YES

112
Q

Can president regulate private actors with exec order?

A

NO, under Art II, must be just people in executive branch, NOT privately owned companies unless there is sudden attack on US

Mixed Law Flashcards (24 decks)

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