Con Law Flashcards
When does a taxpayer have standing to challenge government spending?
- challenging legislation enacted under taxing & spending power AND
- legislation exceeds limits imposed by establishment clause (i.e. religion)
Is the necessary and proper clause a independent source of congressional power?
NO, it gives Congress power to execute specifically granted powers
What are the restrictions on conditions for states to receieve federal funds?
- be clearly stated & unambiguous
- be reasonably related to federal interest in funded program
- not require states to engage in unconstitutional activity and
- not unduly coerce states into accepting
Article IV Privleges and Immunities
Comity Clause
Prevents state discrimination against citizens of other states & interference with rights of state citizenship:
- Travel/reside in state
- Pursue employment
- Practice commercial trade/business
- Own/transfer property
- Seek medical services
- Civil liberties
- Creditor’s rights
- Tax exemptions
Fourteenth Amendment
Prevents state interference with its citizens’ rights of national citizenship:
- Interstate travel
- Assemble peacefully
- Vote for national offices
- Enter public lands
- Petition Congress for redress of grievances
- Protection when in custody of U.S. Marshal
What are the five types of takings under the Fifth Amendment?
Physical
Possession or permanent physical invasion of property
Regulatory
Deprivation of all economically beneficial uses
Restricts use under totality of circumstances:
-character of government action
-economic impact
-reasonable investment-back expectations
Exaction
Condition to obtain building/development permit
Destruction
Destruction of property or property interest (eg, easements, liens)
Exclusive Powers of the President (executive)
- Nominate principal officers
- Veto bills
- Prosecute & pardon federal offenses
- Communicate & negotiate with foreign governments
- Recognize foreign governments
- Enter executive agreements
5th Amendment “takings” clause
The takings clause requires that the government pay just compensation when taking private property—including real, tangible, and intangible property (e.g., contract rights)—for public use.
When is a public employee entitled to procedural Due Process?
If the employee has a legitimate property interest in the employment. This exists when employee has:
* An ongoing employment contract
* Can only be fired for cause
* Receives assurances of continued employment
Substantive Due Process
Gov’t cannot deprive individuals of life, liberty or property without proper justification
Applies to ALL persons (vs. equal protection applies to a class of people)
Rational Basis Test
Substantive Due Process & Equal Protection
under the rational basis test, the law is presumed valid until the challenger shows that the law has no rational relation to any legitimate government interest
Strict Scrutiny Test
Substantive Due Process & Equal Protection
under the strict scrutiny test, the law is presumed invalid until the government shows that the law is necessary to achieve a compelling government interest.
Ordinary Rights
Substantive Due Process
- Economic
- Employment
- Education
- Social Welfare
Fundamental Rights
Substantive Due Process
- First Amendment Rights
- Voting
- Interstate Travel
- Privacy (e.g. family, children)
FIRST VIP
Ministerial Exception
Protects religious organizations from civil liability for employment discrimination when they hire or fire employees who serve in ministerial roles (e.g., a school teacher providing religious instruction).
Affirmative Defense (not a jurisdictional bar)
Free Exercise Clause
First Amendment
This clause prohibits government interference with or discrimination against sincere religious beliefs or conduct. As a result, the government may determine whether a professed religious belief is sincere—but not whether that belief is reasonable or true.
What are the 14th amendment protections?
Equal protection
Discriminatory treatment of similarly situated people
Due process
Substantive – deprivation of life, liberty, or property without adequate justification
Procedural – deprivation of life, liberty, or property without adequate process
Privileges or immunities
Interference with rights of national citizenship
Privileges or immunities is rarely the correct answer
Article IV Section 2
The Article IV, Section 2 privileges and immunities clause prohibits states from treating citizens of other states in a discriminatory manner by denying them a right of state citizenship.
