Con Law Flashcards
(240 cards)
1
Q
When does the 11th Amendment allow states to be sued?
A
States cannot be sued for money damages in either federal or state court unless the state 1) consents, or 2) the U.S. Congress expressly says so to enforce 14th Amendment rights.
This protection applies to states and state agencies, NOT local governments
+The US government CAN sue states in federal court
2
Q
What is the key characterization of supreme court granting of a writ of certiorari?
A
it is discretionary. In fact, it is the only federal court that exercises discretionary jurisdiction
3
Q
How can Congress limit the Supreme Court’s appellate jurisdiction?
A
Congress can make exceptions to the Court’s appellate jurisdiction by legislating exceptions
4
Q
Where does the adequate and independent state grounds (AISG) doctrine apply?
A
Only in the US Supreme Court and only when reviewing a state court judgment
5
Q
What does the adequate and independent state grounds doctrine do?
A
The SC can review a state court judgment only if it turned on federal grounds. The court has no jurisdiction if the judgment below rested on adequate and independent state grounds
Remember, the US Constitution is a floor, not a ceiling.
6
Q
What does independent mean in AISG doctrine?
A
the state law does not depend on an interpretation of federal law. If the state court is unclear on whether the decision is independent of the federal constitution, the SC CAN review the federal issue
7
Q
What is required for standing to sue?
A
CAR needed to get to federal court
- causation
- actual or imminent injury
- redressability by a favorable decision
8
Q
How do you determine if an organization has standing?
A
[Ms. GOP]
consider if its members have standing AND the interest at stake is germane to the organization’s purpose
9
Q
What does redressability mean?
A
a court can remedy or redress the injury
10
Q
What is the general rule on taxpayer standing?
A
While a federal taxpayer always has standing to challenge their own tax liabilities, taxpayers do not have standing to challenge government expenditures
There is a very narrow exception for an establishment of religion challenge to specific CONGRESSIONAL appropriations. This can be raised by any taxpayer
11
Q
What is the general rule on legislative standing?
A
legislators do not have standing to challenge laws that they voted against.
Occasionally, the legislature itself as a body may have standing if the claim concerns its institutional functions
12
Q
What is the general rule on third-party standing (raising the rights of someone else)?
A
Generally, third party standing is not possible.
However, parties to an exchange or transaction can raise the rights of other parties to that exchange or transaction (e.g., doctors performing abortions on behalf of women, seller of beer on behalf of 18-year-old boys)
13
Q
What must be shown to overcome ripeness?
A
actual harm or an immediate threat of harm must be shown
Ex: An IMMEDIATE plan to set up a business that violates the law would be ripe
14
Q
What are the two exceptions to mootness?
A
- injuries capable of repetition, yet evading review (e.g., abortions)
- voluntary cessation (once litigation has commenced)
15
Q
The federal government DOES NOT have a general police power
A
o
16
Q
What can congress regulate through the commerce power?
A
ICE
1) the Channels of interstate commerce
2) the Instrumentalities of interstate commerce
3) intrastate and interstate activity that have a Substantial Effect on interstate commerce
+Ex: OSHA applies federal standards even to state and local government employers
17
Q
How is substantial effect on interstate commerce measured?
A
Whether in the aggregate the activity has a substantial effect on interstate commerce.
Economic activity is presumed to have a substantial effect; non-economic activity requires actually showing that in the aggregate the activity has a substantial effect
18
Q
What happened in Wickard v. Filburn?
A
growing wheat even for personal use was judged in the aggregate to have a substantial effect on interstate commerce
19
Q
What happened in Gonzalez v. Raich?
A
the cultivation and medical use of marijuana was judged in the aggregate to have a substantial effect on interstate commerce (particularly C’s attempt to regulate/eliminate the marijuana market)
[Gonzalez and marijuana both are spanishy]
20
Q
What happened in US v. Lopez?
A
[imagine J LO with a gun outside of a school]
Congress may not, pursuant to its Commerce Clause powers, pass a law that prohibits the possession of a gun near a school as it could not be proved that there was a substantial effect on interstate commerce
21
Q
What happened in US v. Morrison?
A
Congress may not, pursuant to its Commerce Clause powers, pass a law that provided a federal remedy for gender-motivated violence as it could not be proved that there was a substantial effect on interstate commerce
22
Q
What is the test for the taxing power?
A
the tax need only be rationally related to raising revenue
23
Q
What is the anti-commandeering doctrine?
A
- Congress cannot force states to adopt or enforce regulatory programs.
- Congress cannot commandeer state and local agencies to implement federal programs
24
Q
How can Congress enforce a regulatory program?
A
- it can essentially bribe a state through use of the spending power
- it can adopt its own regulatory program and enforce it with federal officers
25
What does the 13th Amendment do?
It gives Congress broad powers to legislate against racial discrimination, whether public or private
26
Once an officer is under legislative control, any attempt to give the officer executive power is unconstitutional
o
27
What are the few powers that are exclusively executive, and therefore not subject to statutory control
- pardon power
- veto power
- appointment and removal of executive officers (those who take action on behalf of the U.S.
28
What is needed to ratify a treaty?
2/3 vote of the senate
29
What are negotiation entered into by the President that are NOT approved by the senate?
Executive agreements are presidential negotiations not submitted for approval by the Senate. They can be authorized, precluded, or overridden by statute, but they take precedence over conflicting state laws. They do not have the binding status of treaty.
30
What is the general rule on impoundment?
If a statute gives the President discretion to spend or withhold funds, he may do so. But, if a statute unambiguously requires that certain funds be spent on certain
purposes, then the President cannot refuse to do so. There is no power to impound funds.
31
What is the legislative veto?
when Congress passes a law reserving to itself the right to disapprove future
executive actions by simple resolution
+likewise, once C delegates power to an executive agency, it cannot interfere with the agency's functions without following the bicameralism and presentment process
32
What is the requirement when Congress is delegating powers?
Congress can delegate its power to administrative agencies, so long as there are intelligible standards governing the exercise of that delegated power.
This is not a demanding test as almost all delegations of legislative power are upheld.
33
What immunities does the president have?
- ABSOLUTE executive immunity to civil suits for money damages for actions while he is in office.
- no immunity for acts done prior to taking office
- executive privilege not to reveal confidential communications with advisors, but that privilege can be outweighed by a specifically demonstrated need in a criminal prosecution
34
What immunities do judges have?
judges have ABSOLUTE immunity for all judicial acts, but may be liable for non-judicial acts (e.g., employment discrimination)
35
What immunity do federal legislators (and their aides) have?
legislators are protected by the absolute immunity of the "speech or debate" clause. They cannot be prosecuted or punished in relation to their official acts
Meaning you can prosecute a legislator through evidence like wiretapping a conversation, but you cannot use evidence such as how the legislator voted or what they said during an official hearing.
+It does not matter if the speech on the H/S floor relates to pending legislative business
36
What does the comity clause do?
The comity clause forbids serious discrimination against out-of-state individuals, absent substantial justification. In particular, nonresident citizens are protected against discrimination with respect to fundamental rights or essential activities, such as commercial activities.
- States cannot require that you live or reside in the state to work in the state. However, public employment can require residency requirements
- applies to individuals, not corporations
- serious discrimination typically involves employment; things like hunting licenses or national park access do not qualify
37
When may a state regulate commerce in the absence of federal regulation? (the dormant commerce clause)
[RUD (As Paul Rud's normal aging is dormant)
State regulation of commerce is valid so long as:
-it does not Regulate extraterritorial activity
-the regulation does not Unduly burden interstate commerce; and
-there is no Discrimination against out-of-state interests;
38
What are the three exceptions to the general rule forbidding discrimination against out-of-state interests
- state as market participant (buyer/seller)
- subsidies to its citizens
- federal approval authorizing or consents to state regulation of commerce (even if discriminatory)
39
Non-discriminatory state regulation of commerce are usually upheld. When is it not upheld
Non-discriminatory state regulation of commerce is only struck down when it creates an undue burden relative to the benefits of the regulation
Ex: forcing all trucks to stop to remove snow that has a minimal benefit to safety
Ex: Requiring all buses in the state to have seatbelts
40
No regulation of wholly extraterritorial activity.
Ex: Connecticut tried to legislate that beer sold in Connecticut could
not be sold at a price different from the price of beer sold in other states.
41
What is the rule on state taxation of interstate commerce?
discriminatory taxation will be struck down unless Congress consents
non-discriminatory taxation will be upheld unless it is unduly burdensome
42
When is non-discriminatory state taxation of interstate commerce valid? [complete auto requirements]
[SNAP]
1) there is a Substantial Nexus between the taxing state and the property or activity to be taxed; and
2) there must be a fair APportionment of tax liability
3) the tax is fairly related to the benefits or services provided by the taxing state
43
What is the rule for state taxation of commodities (goods that move from state to state)?
Pay the full tax to every state where goods are stopped for a business purpose on tax day. No taxes are due where they are merely passing through
44
What is the rule for state taxation of instrumentalities (transportation equipment that moves commodities)?
There is a fair apportionment of tax liability among states with a substantial nexus to the instrumentality because each state in which an instrumentality is used can tax the value of that instrumentality
45
What is the general rule on preemption?
federal law preempts inconsistent state law. However, state law is NOT preempted simply because it addresses the same subject matter or topic as a federal statute. There must be incompatibility.
Ex: Federal law provides automobile emissions must be at least 95%
pure. California adopts a more stringent requirement requiring CA emissions be
98% pure. Is this state law preempted? No. There is no conflict—you can
comply with both of those standards
46
If an interstate compact affects federal rights, Congress must approve
o
47
What does the Full Faith and Credit Clause do?
States must give full faith and credit to judgments rendered by other states' courts, so long as the rendering court had jurisdiction to render a final judgment on the merits
48
What are the two key questions in Due Process analysis?
1) Is life, liberty, or property being taken?
| 2) If yes, what process is due?
49
What is something that is not a loss of liberty?
injury to reputation
50
What is required for a deprivation to require notice and hearing.
There must have been an intent to deprive life, liberty, or property. Accidental deprivation does not require notice and hearing
51
In deciding what kind of process is due, what three factors do courts balance?
- the importance of the interest to the individual;
- the value of additional safeguards; and
- the burden/cost of additional process
52
What is required of deprivation hearings that occur after the deprivation?
the hearings must be prompt and fair
53
When does strict scrutiny apply?
when there is a suspect classification of a fundamental right
54
What does strict scrutiny mean?
the law must be necessary for a compelling government interest and the law must use the least restrictive means
[NC limits Roma]
55
What does intermediate scrutiny mean?
the law must be substantially related to an important government interest
[Sam Restricts Isabel]
56
When does intermediate scrutiny apply?
when there is a classification based on LEGITIMACY or GENDER. It has only ever been used to decide cases based on equal protection grounds
57
What does rational basis mean?
the law must rationally relate to a legitimate interest
[RR laws]
58
What is the general rule in distinguishing whether a law violates equal protection or due process?
- If a law denies a fundamental right to only some, it violates equal protection
- If a law denies a fundamental right to everyone, it violates due process
59
What are some "undue burdens" that violate the fundamental right to an abortion?
- parental consent
| - spousal consent
60
What are some laws that do not unduly burden abortion rights?
- informed consent
- 24-hour waiting periods
- parental notification
61
What is the answer that is almost never correct
Privileges OR immunities of NATIONAL citizenship under the 14th A is NEVER the correct answer
62
Generally rational basis is rarely an issue. Where is the notable exception?
in the field of sexual orientation. The Supreme Court uses rational basis review ("with teeth"), but it operates similar to strict scrutiny. In Lawrence and Windsor, the Court struck down laws that were premised more on prejudice/animus than reason.
63
What are the suspect classes?
[race-EN]
| race, ethnicity, national origin,
64
When must the government waive filing fees?
The government must waive filing fees for indigents when charging the fees would deny a fundamental right
65
What is the contract clause?
it bars STATES from legislative impairment of existing contracts, unless there is an overriding need (e.g., an emergency)
66
What are the three requirements to pass the Lemon Test?
[SEX]
The law must
1) have a Secular purpose
2) have a primarily secular Effect that neither advances nor inhibits religion?
3) avoid eXcessive government entanglement with religion
+Note that in more recent EC cases, the SC has been more willing to set aside the test or modify it
67
What is endorsement?
It is a violation of the Establishment Clause for the government to endorse one religion over another and also to endorse religion over non-religion
68
What is the primary focus in determining if something is a violation of the Establishment Clause?
whether there is a coercive endorsement of religion that overrides individual choice
69
What is the rule on religious objections to laws?
neutral, generally applicable laws must be obeyed despite religious conduct. There is NO right to accommodation.
RFRA allows for accommodation in federal places and some states by law allow for accommodations
70
What is the general rule on regulation of expression?
If the government is trying to suppress a particular message (e.g., flag-burning), then the law will be struck down; if the government is trying to pursue an interest unrelated to the suppression of expression (e.g., public nudity), then the law will be upheld
71
What are the three requirements that must be met when the government regulates time, place, or manner of a public forum?
[CAN like the city requires cans to be used]
1) Content neutral
2) Alternative channels of communication must be left open
3) must Narrowly serve a substantial state interest
+Ex: A city ordinance regulates the manner of performances in a city park (public forum) by requiring all performers to use city-provided sound equipment. Rational basis will not apply. Instead the CAN requirements must be met
72
What is the limit when the government is regulating speech in a nonpublic forum?
The government may regulate speech-related activities in nonpublic forums as long as the regulation is
- viewpoint-neutral and
- reasonably related to a legitimate governmental interest.
73
What is an overbroad law?
An overbroad law is a law that burdens substantially more speech than is necessary to protect a compelling government interest.
74
What is obscenity?
[PP Art]
according to the average person applying community standards it:
- appeals to "prurient interests"
- patently offensive
- artistic value lacking
+typically, the first two prongs use a local standard, not national. The third prong uses a national standard
75
What are fighting words?
words likely to provoke an immediate breach of the peace. Generally, these laws restricting fighting words are impermissibly vague/overbroad
76
When a person is a public official or public figure, when can they recover for defamation?
Upon proof of knowing or reckless falsity
77
When a person is a private plaintiff, when can they recover for defamation?
Upon proof of negligent falsity
Ex: A man suspects his neighbor was emptying her septic tank into the lake because he sees a hose to the lake, but he did not have any proof. The man identified the neighbor by name to a reporter and accused her of ruining the ecosystem by dumping waste. This was likely defamatory because the man acted negligently when he spoke to the reporter
78
What is the general rule on regulating commercial speech?
most regulations of commercial speech are struck down. So long as the advertising is truthful and informational, it must be allowed
79
What is the test for regulating commercial speech?
the law must:
- directly advance a substantial government interest AND
- be narrowly tailored to that interest
80
What is the general rule on the press and media (except broadcasters)?
the press and media have no special privileges. They have the same rights as everyone else
traditionally, because of early limits on the broadcast spectrum, the government had greater regulatory authority over broadcasters than other print media or the Internet.
81
When should a court abstain from hearing a case due to the political question doctrine?
When either
- the issue is committed to another branch of the federal government or
- there is no manageable standards by which the court can resolve the issue
+applies only to the federal government
82
When is a case moot?
further legal proceedings would have no effect because there is no longer a controversy
83
What must be present for there to be state action by a private actor?
1) the private actor performs functions that are traditionally and exclusively public functions (e.g., parks, prisons, elections) OR
2) the state is heavily involved in the activity (more than just providing access to facilities), such as by commanding, encouraging, or being entangled with the activity
+government accreditation, funding, or regulation NO MATTER HOW SUBSTANTIAL does not make the private actor a state actor
+A one time significant grant of money by the state legislature to a sports team for it to stay in the state does not make the team a state actor
+A private utility company providing electricity or water does not qualify as a private actor doing a public function
84
What does the 10th Amendment say?
the powers not delegated to the federal government or prohibited by the Constitution are reserved to the states
85
What must Congress's taxing and spending power be used for?
for the general welfare. Great deference is given to Congress
+a federal tax on all plane tickets to finance new construction at the 10 most busy airports is permitted even on ticket sales that have nothing to do with the top 10 busiest airports
86
What is the broadest tool of Congress?
Congress may enact laws that shall be necessary and proper to execute any of their enumerated powers. The law need only be rationally related to the implementation of a constitutionally enumerated power
87
When are executive orders invalid?
executive orders are invalid when they inconsistent with a congressional statute or the Constitution
88
What is conflict preemption?
conflict preemption occurs when a state law is inconsistent with a valid federal law covering the same subject matter therefore making the state law invalid
89
What issues are raised when there is a state regulation that discriminates against out-of-towners?
- equal protection
| - dormant commerce clause
90
What is the privileges and immunities clause also known as?
the "comity clause"
91
What test is used when there is a comity clause / privileges and immunities clause issue?
rigorous scrutiny
discrimination against noncitizens will only be allowed if the noncitizens are a particular source of evil and the discrimination is substantially related to this evil and there are no less discriminatory alternatives available
+it only applies to people, NOT corporation
92
What are the two clauses of the first amendment that protect freedom of religion?
- the free exercise clause
| - the establishment clause
93
What is the approach when a law has a sect preference or no sect preference, but still raises establishment clause concerns?
- if there is a sect preference, then it must pass strict scrutiny (the action must be narrowly tailored to achieve a compelling government interest)
- if there is no sect preference, then it must satisfy the Lemon test
94
What is a public forum?
a place that is generally open to the public
95
What does the equal protection clause do?
the equal protection clause prohibits the GOVERNMENT from treating similarly situated persons differently
+Applies to states, not federal government actors
+applies to discrimination on its face, in its application, and in its impact
96
What are some of the most common EPC fundamental rights that receive strict scrutiny?
[VIP FAP]
- voting/candidacy
- interstate travel
- privacy
- first amendment rights
- access to the courts
- parental rights
97
What does the taking clause say?
private property may not be taken for public use without just compensation
98
What are the two ways that a regulatory action could be a total taking (per se takings)?
1) permanent physical invasion or confiscation of property
| 2) the restriction denies all economically beneficial use of property
99
When a regulation adversely affecting a person's property interest constitutes a taking, what factors do courts consider?
[ICE]
This is the PENN CENTRAL test
- the impact on the owner's reasonable, Investment-backed expectations (i.e., could the owner have anticipated this regulation)
- the Character of the regulation
- the Economic impact on the property owner
100
What does the 15th Amendment do?
the 15th Amendment gives Congress the power to eliminate racial discrimination in voting
101
A federal classification based on citizenship status is upheld unless the classification is...
arbitrary and unreasonable. Rational basis review applies
102
What are the two clauses that are NOT independent sources of power?
The necessary and proper clause
The general welfare clause
103
When may a President pardon someone preemptively?
A President may not pardon a person with respect to future acts, but a President may pardon a person at any time after the offense has been committed—even before charges have been brought.
104
The free exercise clause allows the government to determine whether a religious belief is sincerely held but not whether that belief is reasonable or true.
sincerely held? you must show and tell
| reasonable belief? good enough for me
105
What should you do if you ever see an answer choice that mentions "general welfare?"
Remember that "general welfare" is only associated with taxing and spending
106
Generally the ex post facto clause only applies to criminal laws. When will a civil law be deemed to be an ex post facto law?
a civil law will be deemed to be an ex post facto law when its retroactive effect is so punitive that it clearly overrides the law's nonpunitive purpose.
The factor courts consider the most is whether the law is rationally related to its nonpunitive purpose
107
What due process must be provided to a public employee who can only be fired for cause?
1) notice of any alleged misconduct,
2) a pre-termination hearing to respond to the allegation, AND
3) a post-termination evidentiary hearing to determine if the dismissal was warranted.
108
What is the claim and standard used when a government action treats similarly situated persons differently?
Equal Protection Clause
Rational basis review: The challenger must show that the law has no rational relation to any legitimate government interest (i.e., the law is arbitrary or invidiously discriminatory)
109
What does the militia clause say?
Congress has the power to authorize the President to call state National Guard units into action without the approval of the state governor to execute federal laws, suppress insurrections, or repel invasions. This power extends to the use of state National Guard units in domestic situations and non-emergency circumstances.
110
When can the government interfere with the First Amendment freedom of association by restricting employment? What are the requirements to do this?
The government can punish (including deny employment) persons who:
- are active members of a subversive organization
- know of the organization's illegal objectives AND
- specifically intend to further those objectives
[active, know, intend]
111
What does the ministerial exception to the free exercise clause say?
religious organizations are protected from civil liability for employment discrimination when they hire or fire employees who serve in ministerial roles
112
When the government imposes content-based restriction on speech in a public forum, what is the standard required?
strict scrutiny
The government must prove that the restriction is necessary and narrowly tailored to achieve a compelling government interest
Rarely is this standard met
113
When a law infringes on an ordinary right, a plaintiff can challenge the law on substantive due process grounds. What is the standard?
rational basis review
The challenger must show that the law is not rationally related to a legitimate government interest
114
When a law infringes on a fundamental right, a plaintiff can challenge the law on substantive due process grounds. What is the standard?
strict scrutiny
The state must show that its law is necessary (i.e., the least restrictive means) to achieve a compelling state interest
115
Congress can never impose taxes on exported goods or services or on services and activities closely related to the export process.
o
116
Generally the government must provide reasonable notice of a seizure of property and a meaningful opportunity to be heard before a neutral decision-maker. However, when may personal property be seized prior to providing notice and a hearing?
- the seizure serves a significant public interest
- the interest would be frustrated by advance notice of the seizure AND
- the seizure is performed by the government
117
When does the First Amendment shield the media from liability for publishing truthful information that was unlawfully obtained by a third-party?
the information involves a matter of public concern AND the publisher neither obtained it unlawfully nor knows who did.
118
What is the rule on state taxation of the federal government?
The federal government is immune from direct taxation by the states.
States may, however, impose generally applicable indirect taxes so long as they do not unreasonably burden the federal government (e.g., state income taxes on federal employees). Note that imposing state sales tax on purchases made by the federal government is often unreasonably burdensome and, therefore, unconstitutional.
119
What does the 21st Amendment do?
The Twenty-first Amendment grants states broad authority to regulate alcohol within their borders. This authority includes the ability to prohibit the importation, transportation, or sale of alcohol within the state and to delegate such authority to local governments (e.g., municipalities).
[remember 21 for how old you need to be to drink alcohol]
120
When may citizenship be revoked?
only when citizenship was obtained by fraud or in bad faith
121
What does the Article I suspension clause say?
persons in federal custody can challenge their detention by filing a writ of habeas corpus in federal courts unless Congress has suspended the writ. This clause applies to noncitizens classified and detained as enemy combatants in territories over which the United States has sovereign control.
If Congress limits the judiciary's jurisdiction to hear these cases but does not suspend the writ of habeas, the court may hear the petitions.
122
What is an exception to the general rule that the government must compensate for the destruction of private property?
The governmental destruction of private property in response to a public peril does not trigger the right to compensation.
Ex: An infestation of cedar trees can be destroyed with no compensation because of the risk of spreading
123
Under the Tenth Amendment, the federal government cannot impose federal taxes DIRECTLY on states that unduly interfere with their essential functions.
But the Tenth Amendment does not prohibit the federal government from imposing federal taxes on states indirectly through their affiliates—i.e., persons doing business with state governments—so long as the taxes are nondiscriminatory
+Also the federal government allows nondiscriminatory federal taxes that apply to the public and private sectors AND the tax does not interfere with essential state functions. Ex: a federal tax on selling mineral water when the state sells mineral water. This is because this tax is nondiscriminatory and does not interfere with essential functions.
124
What does the elections clause say?
The elections clause in Article I, Section 4 grants Congress the power to regulate congressional elections—not state or local elections.
+This can even take the form of what appears to be commandeering states, but so long as the federal government is doing so in regards to a federal election it is ok
+Ex: Federal law requires states to allow voters to register to vote in federal elections at a state motor vehicle department
125
What is the rule of thumb for a violation of the Fourteenth Amendment equal protection clause "one person, one vote" principle?
A deviation of 10% or less between the populations of state or local districts is minor and there is a rebuttable presumption that it does not violate the equal protection clause absent evidence of discrimination.
+Congressional districts must be nearly perfectly split
126
What are the requirements of an indirect tax (i.e., sales tax) imposed by Congress?
- uniformly applied in every state where the taxed goods are found
- reasonably related to revenue production
Ex: A 5% national tax on all retail sales. Even if applied to newspaper, it is ok.
127
due process does not require a public college or university to provide a meaningful opportunity to be heard when a student is dismissed for academic reasons.
unlike disciplinary actions, decisions based on a student's academic performance are not adversarial in nature and therefore do not require the tools of judicial decision-making (e.g., presentation of evidence).
128
When a public employee is speaking as a private citizen on a matter of public concern, the government can restrict the speech...
only if its interest in efficient government function outweighs the employee's right to free speech
Ex: officer made a tasteless parody while in uniform and is fired
Key to this analysis is whether the speech is ordinarily within the employee's duties
129
When does an assignee have standing to sue to enforce the rights of the assignor when the rights were assigned for ordinary business purposes and in good faith?
- the requirements for standing (injury-in-fact, causation, redressability) are met and
- the assignment was made for ordinary business purposes and in good faith
130
Generally, a state or local action that discriminates against interstate commerce violates the dormant commerce clause. When is this discrimination permitted?
the discrimination furthers a legitimate noneconomic state or local interest and no nondiscriminatory alternative exists
Also when Congress authorizes states to legislate even if the legislation was previously found to impermissibly burden interstate commerce
131
What are the requirements to impose direct federal taxes?
- the tax is apportioned proportionately among the states based on each state's population AND
- the tax is reasonably related to revenue production
132
Article I necessary and proper clause gives Congress the power to enact laws that are reasonably appropriate to carry out the President's express powers—e.g., providing funding for conservation activities to carry into effect a treaty.
o
133
When does the First Amendment shield the media from liability for publishing lawfully obtained private facts and other truthful information?
When the publication involves a matter of public concern
134
Since there is no fundamental right to receive government aid for an abortion, states may limit the use of state facilities for abortions to protect the state's legitimate interest in protecting fetal life.
o
135
On a con law essay, what are the justiciability doctrines that should be considered?
(* means it should be mentioned, even if briefly)
RAAMPS
- Ripeness*
- Abstention
- Advisory opinion
- Mootness*
- Political question
- Standing*
136
What are the requirements when Congress conditions funds on state action?
URUP
1) Unambiguous, express condition
2) the condition must Relate to the spending program
3) cannot induce states to act Unconstitutionally
4) Pressure cannot become unduly coercive
137
What is the approach to dealing with a preemption question?
1) check for express preemption
2) check for implied preemption
- - "occupy the field"
- - S and F law conflicts
138
What is the approach to a takings question?
1) check that this is government action
2) check that this is taking of private property owned by the P
3) check that this taking is for a public use
4) Decide if this is a physical or regulatory taking (total/partial)
5) consider what is just compensation
139
What is procedural due process?
Due process requires that certain procedures must be granted when the government deprives a person of life, liberty, or property
140
What is substantive due process?
whether the government's deprivation of life, liberty, or property is justified or whether the action impermissibly infringes on an individual's rights
141
What are the requirements when government is using content-neutral regulation of speech?
The regulation must be substantially related to an important government interest
142
What is the rule regarding the regulation of speech in a non-public government forum?
Speech can be regulated if:
- the regulation is viewpoint-neutral
- reasonably related to a legitimate government interest
143
obscenity is a category of speech unprotected by the First Amendment
o
144
government employees who are under a contract for a specified period of time generally have no liberty or property right to employment beyond the contract term. This applies to at-will government employees as well.
Ex: a probationary teacher on a one year contract does not have an entitlement to an extension
145
An “at-will” government employee cannot be fired for having engaged in speech protected by the First Amendment.
o
146
If a P has money taken and then the money is later given back this would still be an injury and would not be considered moot.
o
147
What are the two freedoms within the Free Exercise Clause?
- freedom to believe (absolutely protected)
| - freedom to act (not absolutely protected)
148
What happens if a law intentionally targets religious conduct?
the law will be subject to strict scrutiny. If it is a neutral law of general applicability, rational basis review will apply
149
What was the holding of Employment Division v. Smith?
Under the Free Exercise Clause of the First Amendment, a state may incidentally burden religious acts through a neutral, generally applicable law
150
What is the approach to an establishment clause issue?
1) If a law includes a preference for one religion over another, or religion over nonreligion, then the court will apply the strict scrutiny test.
2) If no preference, the Lemon Test applies
151
What was the holding in SD v. Dole?
Congress could condition a provision of 5% of federal highway funds on the state’s raising its drinking age to 21
+10% is likely ok
152
What are possible claims when there is a government regulation?
- takings clause
- commandeering
- equal protection
- commerce clause
153
When does the SC have original jurisdiction?
[PACS]
- public ministers
- ambassadors
- consuls
- state is a party
+In all other situations, the SC's appellate jurisdiction requires a lower court decision
+Congress CANNOT alter the SC's original jurisdiction (e.g., requiring that certain cases be initiated only by filing suit directly in the SC.
154
What are the exceptions to the dormant commerce clause?
```
[TGiF, Napping Is My Plan]
-traditional government function
-necessary to important state interest
-market participant
+subsidy
+congressionally permitted
```
155
What are content based regulations that are NOT subject to strict scrutiny?
[Fighting CODS]
- fighting words/threats of violence
- commercial speech
- obscenities
- defamation
- subversive speech
156
Once the fetus reaches viability, the state may regulate, and even prohibit, abortion, as long as there is an exception to preserve the health or life of the mother.
o
157
What is the rule regarding Congress's postal power?
Congress may impose reasonable restrictions on the use of the mail (such as prohibiting obscene or fraudulent material to be mailed), but the postal power may not be used to abridge any right guaranteed by the Constitution (e.g., the First Amendment).
158
What is the rule on Congress's ability to subpoena witnesses?
A subpoenaed witness who fails to appear before Congress or refuses to answer questions may be cited for contempt. The witness is entitled to certain rights, including procedural due process (e.g., presence of counsel) and the privilege against self-incrimination.
159
What is an ad valorem tax?
a tax based on the value of property (real or personal)
160
What are the types of preemption?
- express
| - implied
161
What is an ex post facto law?
a criminal statute that punishes actions retroactively, thereby criminalizing conduct that was legal when originally performed
-applies if the punishment is retroactively increased, the defenses are deprived, or the prosecution's burden decreased
162
What does the import-export clause do?
it prohibits the states from imposing any tax on any imported or exported goods, or on any commercial activity connected with imported goods. There is an exception if Congress consents or the tax is absolutely necessary for the state to execute its inspection laws
+There is also a major exception to this rule
163
What is the enabling clause?
The Fourteenth Amendment, Section 5 Enabling Clause permits Congress to pass legislation to enforce the equal protection and due process rights guaranteed by the amendment, but not to expand those rights or create new ones.
164
What immunity do prosecutors have?
prosecutors have absolute immunity from civil liability for damages resulting from his prosecutorial acts unless it is clear that the prosecutor did not have jurisdiction
165
What is the property clause?
It gives Congress the “power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States.” There is no express limit on Congress’s power to dispose of property owned by the United States.
+this includes the power to regulate an protect the wildlife
166
A law prohibits robocalls but allows robocalls to collect a debt owed by the government. Is this constitional?
No this is unconstitutional. This is a content-based speech restriction because it allows speech on one subject but not others. Therefore, this is struck down for not passing strict scrutiny.
167
What is the rule on the government's ability to force a group to accept members?
the government CANNOT force a group to accept members who would significantly burden its views unless that interference is necessary to achieve a compelling government interest
168
Generally, the court will apply the strict scrutiny test and strike down state laws that discriminate against noncitizens such as laws prohibiting noncitizens from owning land, obtaining commercial fishing licenses, or being eligible for welfare benefits or civil service jobs. What is the major exception?
State laws that restrict a noncitizen's participation in government functions. Such laws need only have a rational relationship to a legitimate state interest.
Laws prohibiting noncitizens from voting, serving on a jury, or being hired as police officers, probation officers, or public-school teachers have been upheld as preventing noncitizens from having a direct effect on the functioning of the government.
+A law that grants tuition assistance to US citizens and resident noncitizens, but not resident noncitizens, would have to pass the EP clause. Strict scrutiny will be applied and it will likely be struck down
169
What are some legislative powers that Congress does not need bicameralism and/or presentment?
- deciding disputes regarding the ratification of amendments
- deciding a person's eligibility to serve as a senator
- a resolution (even calling for the President to pursue a foreign policy wish) because it is just a nonbinding recommendation
170
Generally, states engaged in interstate agreements do not need the consent of Congress. When do they need the consent of Congress?
- Compacts that affect a power delegated to the federal government OR
- Compacts that alter the political balance within the federal system
Ex: It is ok for states to independently enter into an agreement to curb pollution emissions because each state could have done this alone, it is ok.
171
What is the major exception to the import-export clause?
While generally, states cannot tax imported goods, states can tax imported goods if:
- the federal government is still able to speak with one voice in foreign commerce
- there is interstate harmony because the tax satisfies the Complete Auto requirements, AND
- the tax does not divert import revenue from the federal government
Ex: A state can require corporations located in the state to pay an annual property tax based on the value of their inventory that is stored there. This is ok because there is a substantial nexus, fair apportionment, it is nondiscriminatory, is fairly related to the benefits provided by the state, and does not divert revenue from the federal government
172
Generally, the 11th A forbids federal courts from hearing private suits for damages against the states. When is this permitted?
Congress can authorize such suits when it is clearly acting to enforce the Civil War Amendments (13, 14, 15)
173
What is the burden of proof required of the state when terminating parental rights?
clear and convincing evidence which is more than mere preponderance of the evidence
174
What does the 14th Amendment (section 5 enabling clause) do?
authorizes Congress to enact legislation enforcing the amendment's equal protection and due process clauses.
+This amendment applies only to STATE action.
+Congress cannot expand rights or create new ones as this is left to the SC
175
What is an exaction?
An exaction is when a local government exacts a promise from a developer in exchange for issuing the necessary construction permit.
Ex: A city requires a hotel developer to build a concrete foundation to prevent landslides. This would add 5% to the total cost of the planned development. Does not constitute a taking
176
When does an exaction NOT violate the takings clause?
The government shows:
- the imposed condition substantially advances a legitimate government interest AND
- there is a rough proportionality so that the proposed development's impact on the community is roughly proportional to the burden of the condition
177
What scrutiny is applied for laws that limit campaign contributions?
What about limits on political campaign expenditures by unions, individuals, or corporations?
campaign contribution limits require intermediate scrutiny. This means the law must be "closely drawn" to achieve an important interest
limits on political campaign expenditures are subject to strict scrutiny. Generally, there is no limit but the spending must be disclosed
178
What is required when the government regulates commercial speech (e.g., a ban on commercial news racks for aesthetic purposes)?
Government regulations of commercial speech must:
- directly advance a substantial government interest AND
- not be more extensive than necessary to serve that interest (ie., a reasonable fit).
Ex: A city ordinance banning all sidewalk machines from dispensing solely commercial advertisements would be unconstitutional because there is no reasonable fit between the interest and the means chosen because only a small portion of the machines were removed
+Ex: A law that prohibits attorneys from mailing solicitations to car-accident victims for 30 days after their accident is constitutional
179
What is the constitutionality of a federal law that requires cable television providers to carry local tv stations to support local tv?
Constitutional because the federal law preserves the economic viability without being substantially more restrictive than necessary
180
What is the rule for state legislator immunity?
state legislators have absolute immunity from federal civil liability for official legislative actions.
state legislators DO NOT have absolute immunity from federal CRIMINAL liability
181
What does it mean when an employee "works at the pleasure of the official?"
the employee does not have a property interest in the job so they can be fired, regardless of whether there is cause
182
What is the president's authority to remove federal executive officers?
the President has absolute authority to remove federal executive officers. Congress may impose restriction on this power only for officers who belong to a multimember body that is balanced along partisan lines and exercises no executive power OR officers who lack policymaking or administrative authority
Ex: the President has the absolute power to remove the director of the CFPB because the director exercises significant executive power and significant administrative authority by issuing regulatory rules
183
Most of the Bill of Rights apply to the states. What are the exceptions?
- 3rd A prohibition against government quartering of soldiers
- 5th A requirement of a grand jury indictment to charge a person with a capital offense
- 7th A guarantee of a jury trial in civil cases
184
What is a bill of attainder?
a legislative act that declares a person or group of persons guilty of some crime and punishes them with civil or criminal punishments, without a trial
Ex: barring particular individuals from government employment
185
The operations of the federal government are completely immune from state regulation unless Congress consents.
Ex: A federally owned and operated building needs to use a smokestack to heat the building a few times a year. This is permitted in the appropriation statute. Can the state prosecute the operators of the building? No, because the operations of the federal government are immune from state regulation in the absence of federal consent
186
In a takings clause case where a taking is found, what is just compensation?
the P can recover the fair market value of the property at the time of the taking. It is measured according to the loss of the owner, not the benefit to the government.
Ex: property that is worth 4 mil, but 200k with the regulation. If a partial taking is found, then the P can recover the 200k
187
A state bar requires that a person disclose if they have been part of a subversive organization. Is this uncn'l?
Yes, because inquiring into an applicant's association with a subversive organization to deny bar admission violates the 1st Amendment
The 1st A prohibits the government from inquiring into a person's associations unless that inquiry is necessary to protect a legitimate state interest
188
Generally a law that discriminates (facially or in its impact) against a quasi- or suspect class must survive only rational basis review. When will a heightened standard be used?
A heightened standard will be used when the government engaged in INTENTIONAL discrimination
Ex: A law that bans shorts in school that has a discriminatory effect on girls. Unless it can be shown that the school board's decision was intentionally discriminatory, the ban will likely survive rational basis review.
189
When does a public employee have a protected property interest in their employment?
A public employee has a protected property interest if any one of the following are true:
- the employee has an employment contract
- the employee can only be fired for cause
- the employee receives assurances of continued employment
190
A city ordinance forbids taxicabs from displaying bumper stickers that favor a particular candidate because the city does not want to create the appearance that these views will be imputed to the city council. Is this cn'l?
No, because this is content-based restriction of political speech and is presumptively invalid. It will only be enforceable if it survives strict scrutiny (necessary and narrowly tailored). But because this interest could be more narrowly tailored (e.g., a disclaimer), it is unc'l.
191
What is a non-self-executing treaty?
A treaty that requires legislation in order to implement its provisions. Unlike a standard treaty, it does NOT have the same force of law as an act of Congress until legislation is passed effectuating the treaty
192
A state SC says that a law violates both the due process provisions of the US and the state constitutions. Can the US SC exercise jurisdiction to review this decision?
No, because the state court's decision rests on adequate and independent state grounds.
+Remember to ask whether changing the federal interpretation would change the outcome of the case
193
A state court issued a gag order that prohibited the publication of information about a pending murder trial until the jury had been impaneled so that pretrial publicity would not prejudice the criminal D's right to an impartial jury. Newspapers sought to report about the trial's pretrial events and argue the order was unc'l. Is this order unc'l?
No, because there are less restrictive means to guarantee the D's right to an impartial jury
The court could have changed the trial's venue, postponed the trial, or intensely questioned prospective jurors during voir dire
+Closing all voir dire proceedings in a criminal trial to the public and press is unconstitutional
194
Who has the burden of persuading the court when there is a challenge to a law under strict scrutiny? Under rational basis review?
when a law is challenged and strict scrutiny applies, the government bears the burden of persuasion.
When a law is challenged and rational basis review applies, the challenger bears the burden of persuasion
195
Congress conditioned for state receipt of federal funds that teachers will be paid up to 10% of existing salaries provided that no such supplements are paid to any teacher who instructs in religious subjects. Is this cn'l?
No, because the policing of the restriction would amount to an excessive entanglement with religion
196
A federal court generally may award damages against a federal official only if expressly authorized by statute. But in the absence of authorization, federal common law may imply that damages are recoverable in rare instances involving unconstitutional conduct. What are the few situations where an implied cause of action against a federal official (Bivens suit) exist?
- 4th A claim for an unlawful search and seizure
- 5th A DP claim for sex-based employment discrimination
- 8th A cruel and unusual punishment claim for failure to provide medical treatment
197
Generally, a federal court must dismiss a case when the P's claim becomes moot. What is the exception?
when a P whose claim is moot is the named P in a certified class action AND the claims of the unnamed Ps in that class action are still viable
Ex: A prisoner filed a class action against the parole commission in federal court. After the court certified the class action, the prisoner was released from prison. The commission cannot move to dismiss the case due to mootness because of this exception
198
Congress passed a statute that expressly authorizes suits for damages in federal courts against state governments that violate federal copyright laws. A photographer sued in federal court a state because of copyright violation. Can the state dismiss the suit?
Yes. The 11th A prohibits the action for damages against the state in federal court. Congress can ONLY get around this immunity when it clearly acts to enforce a Civil War Amendment OR the bankruptcy act.
199
What is the key test-tip to remember when dealing with privileges and immunities or privileges or immunities?
remember that they both do not apply to corporations
200
What is serious discrimination that would violate the privileges and immunities clause / comity clause?
serious discrimination typically involves employment; things like hunting licenses or national park access do not qualify
+But if the hunting license is needed for someone's livelihood, it is likely to be viewed as serious discrimination
201
Can the following be admitted?
The P is prepared to testify that he heard the D's executive assistant for copyright matters say that the D had obtained an advance copy of the plans from the P's office manager
Yes, this is admissible because it is a statement of an employee of a party-opponent
202
What scrutiny is applied for zoning ordinances for adult-entertainment businesses?
intermediate scrutiny
This means the law must be "closely drawn" to achieve an important interest
203
What are required of Congressional investigations?
Congress can conduct investigations through committee hearings provided that:
- the investigation is authorized by a chamber of Congress
- the investigation is related to a valid legislative purpose AND
- the questions posed to the witness are pertinent to the investigation's purpose
204
Congress passed a program that provides federal loans to family farmers who had been unable to obtain loans from private lenders. A farmer applied for a loan and was denied. The farmer sued the agency claiming this denial of her application without a hearing violated the due process clause of the 5th A. Is the farmer right?
No, the statute gives the farmer no legitimate claim of entitlement to receive a loan. For this type of claim to be valid, she needs to show that she is legally entitled to the benefit and not merely in need or anticipating it
205
A federal statute imposes an excise tax on each new computer sold in the US. Funds are used to purchase licenses for computer software that will be available to all citizens. Is the statute constitutional?
yes, because it is a reasonable exercise of Congress's powers to tax and spend
206
Under a state law, a drug company that makes a false factual claim about a prescription drug is strictly liable in tort to any user of the drug. A company advertised that a drug was safe for children, based on the consensus at the time, but a child dies and it is found to be dangerous for children. The drug company has moved to dismiss on 1st A grounds. Should the court grant the motion?
No, because false or misleading commercial speech is not constitutionally protected. The moment the statement was found to be false, the advertisement lost any 1st A protections
207
A nondiscriminatory law governing the acquisition of a state corporation does not unduly burden interstate commerce and therefore does not violate the Dormant Commerce Clause
o
208
What must the P do when subject to a criminal subpoena that seeks the president's private papers?
executive privilege and absolute immunity are NOT absolute. The president cannot use these devises to shield himself from complying with a criminal subpoena that seeks the President's private papers
209
a loyalty oath to uphold and defend the federal and state constitutions is constitutional
o
210
A federal statute provides health care benefits to US citizens, but excludes noncitizens. A group of noncitizens claims the statute violates the EP clause of the 5th A due process clause. Is the statute constitutional?
Yes, because the statute is rationally related to a legitimate government interest
211
A criminal D is testifying at a preliminary-question hearing. What can he be cross-examined on?
he can be cross-examined about issues related to the admissibility of the contested evidence and the D's credibility. Questions about other issues in the case are not allowed.
212
What is the main exception to the one person one vote principle?
when officials are elected to serve on a special-purpose government unit (e.g., water-storage district) that primarily impacts a specific class of persons (e..g., landowners). Therefore, voting eligibility can be limited to members of the affected class and their votes need not carry equal weight
+But zoning board elections would not be included in this exception because their actions do not principally affect a specific class of persons
213
When can a state tax foreign commerce?
1) comply with Complete Auto requirements
2) Comply with federal uniformity requirements
- -no inevitable risk of international multiple taxation
- -federal government able to speak with one voice
214
States have the power to appoint presidential electors and place conditions on such appointments. What are the permitted conditions?
- requiring electors to swear an oath that they will cast their vote according to the wishes of the voters
- electors may be fined
- electors may be removed
215
A city requires flyers be posted in spanish and english. What test should be applied?
time place and manner (intermediate scrutiny)
this is likely not content-based regulation
216
Although governmental regulation of the content of speech is severely constrained, governmental regulation of the time, place, and manner of speech may be valid and the validity of the regulation varies depending on the forum in which the speech takes place.
o
217
The Supreme Court has sorted government property that is open for speech into two categories:
- traditional and designated public forums
| - nonpublic forums (a lower standard applies)
218
What are traditional public forums?
places that have been historically associated with expressions such as sidewalks, streets, and parks
219
What is a designated public forum?
places that have not historically been associated with speech-related activities, but which government has opened for such use, such as civic auditoriums, publicly owned theaters, or after hours school classrooms.
220
What is a non-public forum?
essentially all public property that is not a traditional or designated public forum
Exs: government offices, jails, airport terminals, polling places
221
What is a key difference between non-public forum and public forum restrictions?
public forum restrictions must be content- AND viewpoint neutral
non-public forums just need to be view-point neutral
222
When is a statute vague?
A statute is void for vagueness if it fails to provide a person of ordinary intelligence with fair notice of what is prohibited.
This is based on a fear of "chilling" speech and due process principles
223
What is the rule on expressive conduct (symbolic speech)?
government regulation of expressive conduct is upheld if:
- the regulation is within the government's power
- it furthers an important government interest
- government interest is not seeking to suppress ideas
- the burden on speech is no greater than necessary
224
What are the common speech topics to discuss?
[Regulation, Forum, Vogue, FP]
```
Regulation (content or TPM)
Forum (type)
Vagueness
Overbreadth
Government speech
Unfettered discretion
Expressive
Freedom not to speak
Prior-restraint
```
225
What is the rule on government speech?
When the government itself speaks, it is not constrained by the Free Speech Clause of the First Amendment. Therefore, government speech (public service announcements, agricultural marketing campaigns, etc.) need not be viewpoint-neutral. Though it must still follow the establishment clause
226
What are some examples of impermissible regulation of expressive speech?
- banning students from wearing black armbands to oppose Vietnam war
- ban on flag burning
- ban on leafletting because of the risk of littering
227
What is the rule on prior-restraint?
Prior-restraints on speech are generally presumed to be unconstitutional with very limited exceptions
228
What is the concern when a government official issues permits based on personal preference?
"unfettered discretion"
A law that permits a government official to restrict speech must provide standards as to how to apply the law to avoid the risk of unfettered discretion. If no standards are given, the law is void on its face.
229
What happens if there is an EPC violation based on religious discrimination?
this is a non-suspect classification so rational basis review applies
230
If C required bike owners to register and found that most stolen bikes are kept by the thieves in the same city in which the bike was stolen. Is the act c'l?
No, because bike theft is noneconomic activity that has no substantial effect on interstate commerce. The cg'l finding is given great weight
231
What is a use tax?
A tax on goods purchased out of state but used within the taxing state. Even though it looks like it violates the dormant commerce clause, it is valid.
232
What is the difference between certiorari and direct appeal?
certiorari is how most cases are brought to the SC and it is discretionary. Direct appeal is extremely rare because it occurs when a party is appealing a decision on injunction by three-judge federal district court panel, and they are mandatory.
233
A newspaper published an editorial in which an editor asserted that a candidate for high political office was a user of illegal drugs. The accusation was untrue. The editor acted unreasonably in not investigating the accusation before publishing it, however, the editor honestly believed that the accusation was true. Is the candidate entitled in a defamation suit?
No, because the editor honestly believed the accusation was true. Public figures or public officials can only recover for defamation if he/she proves that the D made a false statement with actual malice (i.e., with knowledge or reckless disregard of the statement's falsity)
234
A state passes a law that requires toys showing space exploration be scientifically accurate. In application, it bans out of state toys depicting mars, but allows the in-state toy showing mars to be sold. Is this law cn'l?
No, because it imposes an undue burden on interstate commerce. A state regulation that discriminates against interstate commerce (on its face, application, or in its effect) is invalid unless it furthers a legitimate noneconomic state interest and no reasonable alternative exists
235
A state law provides funding for surgeries, but not to persons who have resided in the state for less than one year. Is this law valid?
No, because the law burdens the fundamental right to travel by discouraging persons from moving into the state. Since strict scrutiny applies, the law will likely be unconstitutional
236
A federal statute established a national lottery and created a new federal agency to administer it. In order to sell lottery tickets directly to the public, the agency established outlets throughout the country, Some of these outlets are within a state that levies aa general tax on all in-state gaming operations. The state seeks to tax the agency on the sales of lottery tickets from its outlets within the state. Must the agency pay the state gross receipts tax?
No, because a state may not impose a tax directly on the federal government or any of its agencies or instrumentalities. Even though the tax is generally applicable, states cannot directly tax federal agencies without Congress's explicit consent
237
What is the exception regarding alienage review?
Federal laws: rational basis review applies
State laws: strict scrutiny applies
238
An ordinance prohibiting posting signs on public property is a constitutional time, place, manner speech restriction
o
239
What is a mnemonic to remember levels of scrutiny?
SC-IS-RR
strict - compelling
intermediate - substantial
rational -rationally
240
A state cannot prosecute a federal contractor for failing to comply with a state licensing requirement.
o
