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Wrong Answers > Con Law > Flashcards

Con Law Flashcards

1
Q

What are the 2 main exceptions to the DCC?

A

1) State is acting as a market participant (including state is choosing to subsidize its own citizens, including state is favoring state entities that perform a traditional government function)

2) Congress authorized the state regulation of commerce

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2
Q

A state that imposes a durational residency requirement for government benefits or voting - what test will this law be reviewed under?

A

Equal Protection Clause - Strict Scrutiny

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3
Q

A state that imposes a durational residency requirement for government benefits or voting will be valid under the EPC so long as?

A

The residency requirement is reasonable (30-60 days; not 1 year+)

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4
Q

State law concerning voter registration - What test must that fall under?

A

Rational basis

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5
Q

State law concerning poll tax - What test must that fall under?

A

Strict scrutiny

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6
Q

State law concerning disallowing third-party candidacies - What test must that fall under?

A

Strict scrutiny

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7
Q

State law concerning property ownership requirement for voting - What test must that fall under?

A

Strict scrutiny

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8
Q

State law concerning imposing blanket/closed primaries - What test must that fall under?

A

Rational Basis

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9
Q

State law concerning disallowing write-in voting - What test must that fall under?

A

Rational basis

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10
Q

State law concerning Photo ID for voting - What test must that fall under?

A

Rational Basis

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11
Q

What kind of immunity do state legislators enjoy?

A

Absolute immunity from state civil or criminal liability

Absolute immunity for federal civil liability

No immunity for federal criminal liability

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12
Q

What is the Article 4 Comity Clause?

A

States cannot discriminate against citizens (only individuals, not corporations) of other states, w/r/t civil liberties or commercial activities (employment, practice commercial trade, travel/reside in state)

States may do trivial discrimination for non-commercial, recreational activities like higher fees for state parks

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13
Q

What is the 14th Amendment Privileges and Immunities Clause?

A

States cannot interfere with their own citizens’ right to national citizenship, right to interstate travel, to assemble peacefully, to vote for national offices. Really only invoked w/r/t EPC and Due Process

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14
Q

What is an advisory opinion?

A

An opinion issued that does not have the effect of adjudicating a specific legal issue but merely advises on the constitutionality or interpretation of law

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15
Q

Are federal courts allowed to issue advisory opinions?

A

No because federal courts only render decisions when an actual case or controversy exists

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16
Q

What is a declaratory judgment?

A

A court order that explains the legal rights and duties of the parties to the suit and resolves legal uncertainty

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17
Q

Are federal courts allowed to issue declaratory judgments?

A

Yes because they provide legal certainty

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18
Q

When do taxpayers have standing in federal court?

A

When TP is raising an establishment of religion challenge to a SPECIFIC congressional appropriation of funds

When TP is litigating how much she owes on her tax bill

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19
Q

When do organizations have standing in federal court?

A

When org is suing on behalf of members and members have standing to sue individually, injury is related to org’s purpose, and the claim does not require participation of individual members

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20
Q

Is the Guaranty Clause (determining what is considered a Republican form of government) considered a non-justiciable PQ?

A

Yes

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21
Q

Are cases presenting issues related to foreign affairs or military decisions considered a non-justiciable PQ?

A

Often yes - think, determinations of when war begins/ends, challenges to President’s use of war powers

But it’s not a PQ if it has to do with the validity of a federal statute

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22
Q

Are cases regarding impeachment procedures considered a non-justiciable PQ?

A

Yes

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23
Q

Are cases involving political gerrymandering considered a non-justiciable PQ?

A

Yes

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24
Q

When MUST a federal court abstain from hearing a case when a declaratory or injunctive relief is sought?

A

When there is a pending state proceeding on any matter that involves an important state interest and provides an adequate opportunity to litigate the federal issues. Think - enforcement proceedings akin to a prosecution (termination of parental rights) and proceedings that further a state court’s ability to perform judicial functions (contempt)

Unless the challenged state law is patently unconstitutional

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25
Q

What is the 11th Amendment?

A

State sovereign immunity

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26
Q

What are Congress’ police power?

A

Military, Indian reservations, federal land, D.C.

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27
Q

Can Congress provide military trial of U.S. citizens?

A

No

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28
Q

Can Congress provide military trial of enemy civilians and enemy soldiers and US soldiers?

A

Yes

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29
Q

What is Habeas Corpus?

A

When a person is in federal custody, a federal court (never state courts) can issue a writ of habeas corpus challenging the custody. This clause applies to non-citizens classified and detained as enemy combatants in territories over which the U.S. has sovereign control.

30
Q

Can Congress suspend writ of habeas corpus?

A

Only in extraordinary circumstances - rebellion/invasion/public safety

31
Q

What is the standard of review for Congress regulating interstate stuff under CC?

A

Rational basis

32
Q

When can Congress delegate legislative power to the executive board?

A

When it provides an intelligible principle to guide the agency

If it’s a major question (dealing with vast economic and political significance), Congress must have CLEARLY delegated the decision

33
Q

Can Congress hire/fire executive officers?

A

No but Congress can refuse consent for appointment and limit President’s power of removal (for cause)

34
Q

When is a prosecutor not absolutely immune from civil liability for damages from his prosecutorial act?

A

Only when it’s clear that prosecutor did not have jurisdiction

35
Q

When are state legislators immune from state/federal civil or criminal liability?

A

Absolutely immune from state civil and criminal liability

Absolutely immune for federal civil liability

No immunity for federal criminal liability

36
Q

What is the standard of review that a discriminatory state law must pass under the Dormant CC test?

A

Strict scrutiny - discriminatory law must serve a substantial non-economic state interest and there’s no non-discriminatory way to address the problem

37
Q

Can states levy taxes on foreign commerce?

A

Only when states have congressional consent

38
Q

When can states levy ad valorem taxes in interstate commerce?

A

Only when goods have come to rest in the state

39
Q

When are pre-deprivation hearings required?

A

Non-emergency revocations of driver’s licenses and terminating welfare benefits

40
Q

When is it OK to have a post-termination hearing but no pre-deprivation hearing?

A

So long as the hearing is prompt and fair

For terminating disability benefits, dismissing students for academic reasons, significant reason for immediately removing “for cause” public employee

41
Q

When can states discriminate on citizenship status under EPC/strict scrutiny?

A

If it has to do with participating in government functions. CANNOT require U.S. citizenship for access to private employment

42
Q

Bill of Attainder

A

Legislative acts that punish specific individuals or group members w/o a judicial trial. Not allowed

43
Q

When is commercial speech protected/unprotected?

A

Commercial speech never protected if it’s false, misleading, deceptive, concerns illegal activity

Regulation of commercial speech that is not false/misleading is OK if it directly advances a substantial government interest and is not more extensive than necessary to serve that interest

44
Q

When are laws criminalizing membership in a particular organization OK?

A

When the government can prove that D actively affiliated in a group involved with illegal activities, had knowledge of illegal activities, and acted w/intent of furthering those activities

45
Q

Does the President have power to direct the actions of persons outside of the executive branch (like privately owned companies)?

A

Only with Congressional approval. If no Congressional approval, only with an exception, like a sudden attack on the U.S.

46
Q

Does President have power to direct the actions of federal executive agencies?

A

Yes. However, Congress also has authority over these agencies, so the President must act with congressional approval or in a manner consistent with an act of Congress. If Congress is silent, President likely is OK to direct.

47
Q

Is a congressional veto OK if it’s a veto pursaunt to a validly passed bill?

A

No, congressional vetoes are never OK! Need to be presented to President

48
Q

What are the First Amendment rights afforded to government employees?

A

When a public employee is speaking pursuant to their official duties, no First Amendment rights

When a public employee is speaking as a private citizen, even if that speech concerns their job duties, they have normal First Amendment rights. Government can limit such speech only if efficient government function > employee’s right to free speech

49
Q

Can Gov’t employees be hired/fired based on political party, political philosophy, or acts of expression?

A

Usually not except for confidential or policymaking employees

50
Q

What is Congress’ Property Clause?

A

Congress has complete power to dispose of and regulate federally owned lands and property. Congress may regulate private property that affects federal public lands when such regulation is necessary to protect those lands

51
Q

Which Amendment applies to private action?

A

13th Amendment.

No involuntary servitude + outlawing badges and incidents of slavery

52
Q

What is the 15th Amendment?

A

Congress has the power to eliminate racial discrimination in voting

53
Q

What is the 16th Amendment?

A

Congress shall have power to lay direct taxes without apportioning it among the states on the basis of population

54
Q

What are the requirements for Congress to pass a law using Section 5 of the 14th Amendment?

A

The means adopted by Congress must be congruent and proportional to the injury sought to be avoided/remedied

55
Q

What is Section 5 of the 14th Amendment?

A

Congress may enact legislation to enforce the 14th Amendment (cannot make new rights though).

56
Q

What kind of immunity do US senators, reps, and aides enjoy?

A

Speech and Debate Clause - Immune from civil and criminal suits for statements made in the regular course of legislative hearings

57
Q

What kind of immunity does the President enjoy?

A

Absolute immunity for liability from his official acts. No liability for acts taken before a President’s term in office

58
Q

What is a ballot measures?

A

A law/issue/question that appears on a ballot for voters of the jx to decide.

59
Q

Are laws limiting contributions to ballot measures constitutional?

A

No

60
Q

What is the scrutiny level for regulations of contributions to political campaigns?

A

Intermediate scrutiny

61
Q

What is the test for whether regulations of contributions to political campaigns is constitutional?

A

Intermediate scrutiny - the regulation must be closely drawn to correspond with a sufficiently important state interest

62
Q

Do federal district courts have concurrent jx with the Supreme Court over cases where a state is a party?

A

Yes

63
Q

Do federal district courts have concurrent jx with the Supreme Court over cases involving ambassadors, public ministers, and consuls?

A

Yes

64
Q

What does the Supreme Court have original and exclusive jurisdiction over that federal district courts do NOT have jx over?

A

Cases involving two states

65
Q

Is the media protected from all liability for publishing lawfully obtained private facts, like a crime victim’s identity?

A

Yes

66
Q

Is the media protected from all liability for publishing truthful information involving matters of public concern?

A

Yes

67
Q

Is the media protected from all liability for publishing truthful information that was unlawfully obtained by a third party?

A

Yes, if the info involves a matter of public concern and the publisher didn’t obtain it unlawfully themselves nor knows who did

68
Q

State law concerning only allowing voters a right to vote if they reside within the governmental unit’s borders - What test must that fall under?

A

Rational basis

69
Q

State law concerning only allowing voters a right to vote if they reside within the governmental unit’s borders - What test must that fall under?

A

Rational basis

69
Q

What are Congress’ war powers?

A

Declare war and take actions reasonably necessary to carry out war powers, by excluding civilians from sensitive/military areas, by implementing the draft, by imposing wage, price, rent controls on private civilians

70
Q

Is the right to bear arms a fundamental right?

A

Yes

71
Q

What is the right to bear arms scrutinized under? (What test)

A

Strict scrutiny

Wrong Answers (8 decks)

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