Con Law Flashcards

1
Q

A president’s pardon power is

A

an unqualified power except as to impeachment

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

blanket pardons are

A

valid

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

what is Congress’s strongest power?

A

Taxing and spending

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

The Commerce Clause allows Congress to regulate

A

CIA
channels
instrumentalities
activities in the aggregate that affect commerce

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

when can a 3rd party have standing?

A

When a seller of goods is challenging a law that adversely affects the rights of her customers
There must be nexus

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

When can the Supreme Court review state court decisions

A

When there is
- a final judgment
- coming from the highest state court
- with a substantial federal question being raised
- and the decision did not rest only on independent state grounds

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

What is an advisory opinion

A

a judgment that would have no legal effect on the parties

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Can state courts administer advisory opinions

A

Yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Can federal courts administer advisory opinions

A

No

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

What scrutiny do viewpoint/ content-based regulations on speech receive?

A

Strict scrutiny because they are presumptively unconstitutional

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What are the rights of the press in terms of publication

A

The press has a right to publish info about matters of public concern and this right can only be restricted from a narrowly tailored sanction

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

Does the right of the press remain even if information is obtained unlawfully

A

Yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

T/F: Congress’s spending power is limited for accomplishment of other enumerated powers

A

F - Congress has broad power to spend for the general welfare – public purposes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is the limitation to Congress’s spending power

A

Congress cannot spend for unconstitutional purposes

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

T/F : Congress can attach conditions to expenditures

A

T so long as they are reasonable

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

Does the President have exclusive authority over foreign affairs

A

No, Congress also plays a major role?

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

What is not considered protective speech?

A

Fighting words, incitement and true threats

18
Q

What is incitement

A

speech that is intended to produce imminent lawless action and likely to produce such action

19
Q

Content-neutral regulations are subject to what scrutiny?

A

Intermediate
- must advance important interest unrelated to the suppression of speech + must not substantially burden more speech than necessary

20
Q

Content-neutral regulations are typically -

A

time, place, manner restrictions

21
Q

When can speech be restricted in a public forum

A

when there’s a serious and imminent threat to public order

22
Q

State dilution of the right to vote by malapportionment of electoral districts is a violation of what?

23
Q

When a local government establishes voting districts for the election of reps. what must it do?

A

Establish districts that do not have an unjustifiably large variance in the # of persons in each district

24
Q

What is the Speech or Debate Clause

A

any speech or debate in either house shall not be questioned in any other place

25
Does the immunity of the Speech or Debate Clause extend to aides?
Yes, those who engage in acts that would be immune if performed by a legislator
26
T/F: The Speech or Debate Clause creates a general privilege between a member of Congress and his aides
F
27
Does Congress have authority to regulate federal lands?
Yes they have the sole power to do so
28
Is forced inclusion of an unwanted person in a group a violation of the 1st amendment freedom of associtation clause?
yes, where inclusion would significantly affect the group's ability to express its intended viewpoints
29
what does the fair housing act prohibit?
advertisements that indicate any preference, limitation, or discrimination based on race, color, religion, sex, disability, familial status, or national origin - restriction applies even when the dwelling itself is otherwise exempt from the other provisions of the act
30
T/F: the president has the exclusive power to select diplomatic representatives of the US
T
31
T/F: the Senate has the power to force ambassadors on the President
F
32
Court buildings and their grounds are considered
Nonpublic or limited public forum
33
how can the government regulate speech in a nonpublic or limited public forum
may regulate speech to reserve the forum for its intended use those regulations will be upheld so long as they are - viewpoint neutral - reasonably related to a legit government purpose - citizen has burden of proof to show there was no reasonable basis for the statute
34
what is the Property Clause (ART IV)
gives Congress the power to make all needful rules and regulations respecting the territory or other property belonging to the United States - permits Congress to acquire and dispose all kinds of property and protect its property
35
Does Congress have the power to make exceptions to the appellate jx of the Supreme Court
Yes
36
Can Congress appoint members of a body with administrative or enforcement powers?
No, they can only create agencies and delegate power to those agencies
37
Enforcement is what kind of power?
Executive
38
What standard for regulations on access to an official election ballot?
Narrowly tailored to promote a compelling governmental interest
39
The EPC of the 14th amendment applies to actions of the federal government through what?
The DPC of the 5th A - substantive due process
40
When can the government fire an employee because of their political views/affiliations
When certain political views or affiliations are required for the effective performance of the employee's job -- very hard to meet