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
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
T/F: The Speech or Debate Clause creates a general privilege between a member of Congress and his aides
F
Does Congress have authority to regulate federal lands?
Yes they have the sole power to do so
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
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
T/F: the president has the exclusive power to select diplomatic representatives of the US
T
T/F: the Senate has the power to force ambassadors on the President
F
Court buildings and their grounds are considered
Nonpublic or limited public forum
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
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
Does Congress have the power to make exceptions to the appellate jx of the Supreme Court
Yes
Can Congress appoint members of a body with administrative or enforcement powers?
No, they can only create agencies and delegate power to those agencies
Enforcement is what kind of power?
Executive
What standard for regulations on access to an official election ballot?
Narrowly tailored to promote a compelling governmental interest
The EPC of the 14th amendment applies to actions of the federal government through what?
The DPC of the 5th A - substantive due process
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
