Con Law Flashcards
A president’s pardon power is
an unqualified power except as to impeachment
blanket pardons are
valid
what is Congress’s strongest power?
Taxing and spending
The Commerce Clause allows Congress to regulate
CIA
channels
instrumentalities
activities in the aggregate that affect commerce
when can a 3rd party have standing?
When a seller of goods is challenging a law that adversely affects the rights of her customers
There must be nexus
When can the Supreme Court review state court decisions
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
What is an advisory opinion
a judgment that would have no legal effect on the parties
Can state courts administer advisory opinions
Yes
Can federal courts administer advisory opinions
No
What scrutiny do viewpoint/ content-based regulations on speech receive?
Strict scrutiny because they are presumptively unconstitutional
What are the rights of the press in terms of publication
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
Does the right of the press remain even if information is obtained unlawfully
Yes
T/F: Congress’s spending power is limited for accomplishment of other enumerated powers
F - Congress has broad power to spend for the general welfare – public purposes
What is the limitation to Congress’s spending power
Congress cannot spend for unconstitutional purposes
T/F : Congress can attach conditions to expenditures
T so long as they are reasonable
Does the President have exclusive authority over foreign affairs
No, Congress also plays a major role?
What is not considered protective speech?
Fighting words, incitement and true threats
What is incitement
speech that is intended to produce imminent lawless action and likely to produce such action
Content-neutral regulations are subject to what scrutiny?
Intermediate
- must advance important interest unrelated to the suppression of speech + must not substantially burden more speech than necessary
Content-neutral regulations are typically -
time, place, manner restrictions
When can speech be restricted in a public forum
when there’s a serious and imminent threat to public order
State dilution of the right to vote by malapportionment of electoral districts is a violation of what?
EPC
When a local government establishes voting districts for the election of reps. what must it do?
Establish districts that do not have an unjustifiably large variance in the # of persons in each district
What is the Speech or Debate Clause
any speech or debate in either house shall not be questioned in any other place