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Practice sets > Con Law > Flashcards

Con Law Flashcards

1
Q

Taxing Power

A

Congress can tax for general welfare

Congress may impose a tax to regulate or prohibit behavior so long as it raises some revenue.

Valid has reasonable relationship to revenue & congress has power to regulate taxed activity.

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2
Q

Spending Power

A

Congress has power to spend for any public purpose not merely accomplish other enumerated powers.

Can’t commandeer states to enact federal programs but can use offer $ to states to pass law & can place conditions on receipt of federal funds by state if BURNS is met

Be unambiguous 
not Unduly coercive 
Relate to legitimate federal interest 
Not require states to violate individual liberties
Serve general welfare
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3
Q

Commerce Power

A

Congress can regulate channels & instrumentalities of interstate commerce, persons and things in interstate commerce, or anything that has substantial effect on interstate commerce.
Anything economic, or noneconomic if it substantially affects interstate commerce.
Intrastate if in the aggregate it has a substantial effect on interstate commerce

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4
Q

13th Amendment

A

outlaws slavery and all badges of slavery that can be enforced against private individual

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5
Q

14th Amendment

A

prohibits states from violating equal protection clause, due process, and privileges and immunties claise

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6
Q

15th Amendment

A

prohibits racial discrimination in voting laws

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7
Q

Enforcement Powers of Congress

A

Congress can enforce 13, 14, 15, with congruent and proportinal legislation and cannot expand or create new rights

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8
Q

Who impeaches

A

House

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9
Q

Who convicts

A

Senate

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10
Q

Speech & Debate Clause

A

special immunity for federal legislators for any speech and debate performed in Congress.

Doesn’t protect bribes or speech outside of congress

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11
Q

Veto power

A

President has 10 days to sign veto, if he doesn’t and congress in session automatic passes, and if not in session and 10 days pass, bill is automatically vetoed called a pocket veto

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12
Q

President Enforcement of Laws

A

President acts with express or implied authority of congress his authority is at its maximum

President acts where congress is silent & action upheld as long as it doesn’t take over the power of another branch of government or prevent from carrying out tasks

President acts against express will his action invalid

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13
Q

Pardon Power

A

President can only grant pardons for federal crimes but can’t undo an impeachment
State governors can pardon state crimes

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14
Q

Declare War

A

Congress alone has power to declare war

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15
Q

Treaty

A

2/3 senate approval

prevail over earlier federal statute & state law but not over Constitution

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16
Q

Executive Agreement

A

agreement bt. President & heads of foreign countries, need not be ratified by senate effective when signed by President

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17
Q

Presidential Immunity

A

President immune from civil suits for damages for any official acts he took as president but not purely personal acts

Presumptive privilege to not disclose other presidential communciation, but balancing test

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18
Q

Privilege & Immunities Clause Article 4

A

States cannot discriminate against out of state citizens with respect to fundamental rights unless there’s substantial justification and no less restrictive means to solve problem.

  • doesn’t apply to corps or aliens
  • employment counts here and only here
  • even if no discrimination could be invalid under dormant commerce clause
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19
Q

Dormant Commerce Clause

A

State law invalid if discriminates against or unreasonably burdens interstate commerce

  • laws that discriminate for purpose of favoring citizens- struck down
  • laws that discriminate against commerce but promote health and safety to be valid must demonstrate necessary to achieve compelling state interest and no reasonable non-discriminatory alternative (SS)
  • law nondsicriminatory but burdens commerce, valid only if serves important state interest and doesn’t impose unreasonable burden on interstate commerce (balancing test)
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20
Q

Tax doesn’t expressly discriminate against interstate commerce

A
  1. substantial nexus bt. taxpayer and state
  2. tax fairly apportioned
  3. fair realtionship bt. tax and service or benefits provided by state
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21
Q

Exceptions to Dormant commerce clause

A

congress can always pass law that discriminates against interstate commerce under commerce power
State is acting not as a regulator but as a market participant or business (buying + selling)

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22
Q

Full Faith & Credit Clasue

A

States must honor jdugement s in another state if court rendered judgement has jurisdiction, judgment on merits, and judgment final

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23
Q

State Action Applies

A
  1. state passes a law or permits officials to take action
  2. private actor is performing traditional/exclusive government function
  3. private action closely controlled by state
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24
Q

Examples of State Action

A
  1. Entwinement- state leases premises to restaurant that discriminates, provides books to schools who discriminate, private entity regulates sports
  2. judicial approval- court enforces restrictive covenant that restricts selling property based on race
  3. law enforcement arresting only blacks
  4. state authorization- state constitution repealed all laws banning discrimination in sale of lease of property
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25
Q

Non state action

A

gov regulate electric
grants liquor license & provides police protection to club
private actor causes harm (social worker knew of harm didn’t do anything to stop)

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26
Q

Contracts Clause

A

State can’t pass legislation that substantially impairs preexisting K, unless law serves an important & legitimate public interest, anmd reasonable and narrowly tailored to promoting interest

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27
Q

Bill of Attainder

A

neither state or fed gov can pass legislation that specifically identifies people to be punished, imposes punishment, does so w/out judicial trial

28
Q

5th Amendment Due Process

A

Federal government *includes non citizens, public employment or education
Can’t deprive person of life, liberty, or property w/out due process of law

29
Q

14th Amendment States

A

Due Process for states

30
Q

Takings Clause- Eminent Domain

A

fed & state gove can’t take private property for public use without just compensation

Physical invasion no matter how small counts
*utiltiies

31
Q

Regulatory Taking

A

depriving 1 of all economic value of land due to regulation

* if there is any remaining economically viable use for property it is less likely a taking

32
Q

SS

A

government must show law is necessary (narrowly tailored) to achieve compelling gov interest

*fundamental rights MC SOFA
Marriage, contraception & procreation, sexual conduct, obscenity's, family relations, abortion
Vote
Travel
1st Amendment 
right to refuse medical treatment
33
Q

Rational Basis

A

P must show law not rationally related to legitimate government interest

economic, education, welfare, poverty, wealth, age, meantla cpacity

34
Q

Due process v. Equal Protection

A 
Due Process limits everyone's abillity 
Equal Protection- treats person or class differently from others
35
Q

Privilege and Immunities 14th Amendment

A

allows interstate travel for citizens not aliens to travel, move, & enjoy same privileges and immunities as other citizens

36
Q

IS

A

government must prove classification is substantially related to important government interest
Gender
Illegitimacy

Remedying past societal discrimination is constitutional

37
Q

Equal Protection Clause

A

States: 14th
Federal 5th Amendment Due process

SS: FAR fundamental rights, alienage if state if fed RBR, racial or ethic discrimination

States can exclude non citizens from government jobs like police, teachers, offiicals

38
Q

Most protected Speech

A

political

speech in public forum

39
Q

Less protected speech

A

commercial
sexual
time, place, manner for nonpublic forum

40
Q

unprotected speech

A

clear and present danger
Fighting words
true threats
obscene speech

41
Q

Content Based

A

SS

Regulation that seeks to forbid communication about certain ideas

42
Q

Content Neutral

A

IS- important gov interes tand it doesn’t burden substantially more speech then necessary

time, place, manner test

*prohibit protesting form 9-7

43
Q

Viewpoint REstriction

A

SS
Always struck down

prohibts advocating for aboriton within 100 feet of clinic

44
Q

Symbolic Speech

A

regulates conduct and places an incidental burden on speech is allowable if regualtion is narrowly tailored to important governmental interest and is unrelatated to suppression of speech

45
Q

unprotected speech

A

must pass RBR

46
Q

Obsecene Speech- ADW

A

appeals to unusual interest in sex (applies local standards)
depicts or describes sexual conduct in patently offensive way (applies local standards)
work as whole lacks serious literacy, artistic political or scientific value (national standards)

47
Q

Commercial Speech

A 
false misleading isn't protected 
lawful and not misleading
substantial government interest 
directly advance interest 
narrowly tailored
48
Q

Sxual Speech

A

serve substantial governmental interest
leave open alternative channels of communication

*gov has substantial interest in combating crime & 2ndary effects caused by presence of adult entertainment

49
Q

Time, Place, Manner Restrictions

A

government regulation isn’t aiming to prohibit speech nacessairly but ends up regulating speech when trying to regulate when, where, how speech takes place

Look to see if area is regulated or private

50
Q

Public Forum

A

streets, sidewalks, parks-expressive conduct

51
Q

Designated Public Forum

A

government chooses to open; limit o rdesignate when where and how

State fairgrounds, school after hours

52
Q

Time Place Manner Restriction

A

content neutral
narrowly tailored
serve important government interest
leave open alterantive channels of communicvaiton

53
Q

non public forum

A

historically notassocaited with free exchange of ideas

miltiary bases,advertising by bus, school mailboxes, airports, government workplaces, prisons, sidewalks on postal service proprty

54
Q

Law for nonpublic forum

A

viewpoint neutral

reasonably related to legitimate governmental interest

55
Q

Government Workplacve

A

employee speak as a citizen on matter of public concern- if no, no 1st amendment violation
if yes then state had adequate justification for treating employee differnt froem any member- if no 1st amendment violation if suppressed

56
Q

Speech in Public School

A

speech in schools may be regulated if resonably related to legitimate pedogogical concerns and applies during school hours and at school functions

57
Q

Speech off campus

A

school can regulate but school’s interests are diminished and S Court doesn’t want to create a categorical list of situations in which school’s ability to act is maintained

58
Q

prior Restraints

A

government prevents speech before its communicated

SS

59
Q

Overbreadth

A

law overbroad and unconstitutional on its face if it prohibits substantially more speech then necessary
facially invalid- can’t be enforced against anyone

60
Q

Vaugness

A

reasonable person can’t tell what speech is prohibited and what speech is allowed, burden on P to prove statute unconstitutional

61
Q

Press & Speech

A

press has right to publish info that is true and matter of public concern

62
Q

Broadcasting

A

internet, cable, press- SS

Television, radio- IS

63
Q

Access to Trials and Press

A

judge may close pretrial proceedings if she makes specfic finding on record to demonstrate closure essential to preserve vlaue and closure is narrowly tailored to serve overriding value

64
Q

Establishment Clause

A

government cannot favor one religion over another not can it be hostile
SS applies if favority

65
Q

Establishment Clause and neutral law

A

State must have secular purpose
primary effect must not be to advance nor inhibit religion
not foster excessive governmental entanglement (grants for salaries of teachers that only teach secular school)
* anything that requires surveilance on funds

66
Q

Government Aid to Religious School

A

bus fare, school lunch, textbooks, library materials and interpreters for deaf is consituional

Can’t give $ for actual religious indoctrination

67
Q

Free Exerciser Clause

A

government can’t punish beliefs if they are sincere and genuine
doesn’t matter if beliefs are true or false
Can’t prohibit activity so long as regulation is neutral and of general applicability

Practice sets (10 decks)

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