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MBE Weak Areas > Con Law > Flashcards

Con Law Flashcards

Relation of Nation and States in a Federal System/ Individual Rights

1
Q

can a state tax an agency?

A

no

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2
Q

agency is CODE WORD on MBE for the

A

FEDS

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3
Q

states cannot tax the federal government through ____

A

agencis

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4
Q

but if there is a scenario where you see an independent contractor, doing business or contracting with the federal government, the states can tax the __

A

contractor

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5
Q

federal property and lands are also IMMUNTE from state taxes, but people who ____ on federally owed property can ____

A

lease
property taxes

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6
Q

If you have a gift shop owned in Yellowstone National park, they can still be taxed on their ____

A

leased property

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7
Q

can federal employees and federal contractors be taxed by the state on their salaries?

A

YES so long as the tax applies to everyone and is not DISCRIMINATORY or aimed directly at the federal employuees

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8
Q

states cannot get in the way of the federal government when they are carrying out ___-

A

their duties

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9
Q

a state ___ force a federal nuclear power plant to follow state pollytion laws

A

cannot

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10
Q

states cannot issue writs of _____ to federal detainees

A

habeus corpus

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11
Q

states cannot f around with ____

A

federal lands

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12
Q

the federal government can regulate the states, but if the regulation prevents the states from carrying out their ____ then this violates the ____

A

core functions
10A

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13
Q

fed gov cannot tax a ______ school

A

public

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14
Q

if a state is running a public park, can that be taxes by fed?

A

NO

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15
Q

there can be a ______incomet tax on state emmployees

A

federal

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16
Q

REMEMBER that STATES can be sued by the federal gov or by othe states without ____

A

the states giving consent itself

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17
Q

Fed cannot _____ the states where Congress enacts a law that CAUSES the states to enact a law

= NO

A

comandeer

b/c vioalte 10A

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18
Q

Although Congress can directly regulate teh states, (like establish a federal min wage) Congress cannot _____ a state to regualte in a certain way

A

force

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19
Q

Congress cannot force states to ,,,
1. .adopt a law
2. force a ____ to adopt a regulation

A

state agency

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20
Q

can Congress FORCE states to enact legislation criminalizing firearms possessions in certain areas?

A

NO

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21
Q

Congress also cannot ___ or hijack state officials and turn them into federal government worker slaves.

A

commandeer

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22
Q

We can’t FORCE the states or their officials to do shit or carry out our little federal schemes… HOWEVER…. we can have these big-ass ____which cover the state as an EMPLOYER and private entities as employers equally.

A

broad laws

ex: FLSA
The Fair Labor Standards Act sets minimum wage laws, child labor laws, overtime rules… and this applies to both private businesses and the government.

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23
Q

The Bar exam is obsessed with a situation where the federal government ENACTS a law which applies to everyone, both public and private, called “a law of g_____”

A

eneral applicability

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24
Q

It is _____ considered ____ to induce state compliance to your little federal plan by attaching _____ onto the money you give the states

A

NOT
Commandeering
STRINGS

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25
Q

Feds can attach strings to the money it gives the states as long as it is not ____

A

coersive

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26
Q

congress can put CONDITIONS on the $$ it gives to states as long as the conditions are

  1. clearly stated
  2. not ___
  3. related to the puprose of the program
A

Coersive

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27
Q

The DCC stands for the principle that local laws are _____ if they place an _____ on interstate commerce

A

unconstiiutional
undue burden

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28
Q

TEST #! Laws that discriminate against interstate commerce ON THEIR

A

FACE

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29
Q

Let’s say we have a state law that says “every Sea World and Goat Zoo in the state must hire at least 90% in-state residents to work there”

A

thsi clearly discriminates against OOSers

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30
Q

So when it actually says IN THE DAMN LAW that the state is discriminating… the test is going to be ____ and almost always shot down (it is almost PER se invalid if it discriminates on it’s face)

A

STRICT

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31
Q

Standard tto apply when a law is facailly disciminating against OOSers =

A

GOV mist prove that the law serves a LEGIT local purpose
+
the purpose cannot be adequately served by reasonable nondiscrimnatory alt means

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32
Q

And REMEMBER… when we are talking about scenario #1 - laws that are FACIALLY discriminatory against out-of-staters… the “legitimate public purpose” (prong 1) can never be “____ lmao.

A

helping people in our state”

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33
Q

(Prong 1) Legitimate public purpose: lmao. What actual purpose could this serve besides helping in-state puppy groomers in California? Helping out your OWN residents make more money is ______purpose. Maybe they could say it was for health and safety… if other out-of-state puppy groomers were using dangerous products to groom the puppies fur.

A

not a legit public

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34
Q

Situation #2 example of neutral facing law that applies to everyone that would probably be struck down under our balancing test:

PIKE BALANCING TEST you weigh
(1) the burdens on interstate commverce v (2) the _____

A

local benefits

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35
Q

what are the TWO main exceptions to the DCC

A
  1. congressional approval exception
  2. market participant exception
36
Q

Under the congressional approval exception to the DCC, Congress can AUTHORIZE states to do shit that violates the _____

A

DCC

ex: Congress passes a law that says: Idaho can only sell apples grown in Idahio to instate IDAHONIANS….this si fine eventhough it violates tDCC

37
Q

Under the Market participant exception, when the states acts as a BUSINESS PERSON rather than a regulator and are spending their own money to buy goods and services rather than fucking with ranom private companies, they can ___

A

discriminate

38
Q

So our two exceptions to when states can violate the dormant commerce clause are when (1) congress approves it, and (2) when they are acting as a ____ not a referee (but remember… no downstream effects of commerce can be regulated, just the direct transaction they are involved in)

A

PLAYER IN MARKET

39
Q

A congressional veo regarding a federal agency’s actions requires not only a majority vote by both houses of Congress, but it must also be presented to the _____ for the opportunity to exercise his ____power

A

president
veto

40
Q

a bill of ___ is when a law inflicts punishment w/o judicial trial upon named individuals or those who engaged in certain prior conduct

A

attainder

41
Q

1 is

THREE EXCEPTIONS TO THE STATE ACTION DOCTRINE

A

the 13th Amendment/ slavery/ racial discrimination

42
Q

The only way a private citizen can violate the Constitution is through violating the _____by enslaving someone or putting someone into involuntary servitude.

A

13A

43
Q

1 is

THREE EXCEPTIONS TO THE STATE ACTION DOCTRINE

A

public function doctrine

44
Q

The public function exception is when a privat company or person is role playing as the _____

A

gov

45
Q

a town can violate the constitution when it is performing “____ and _____ gov functinos”

A

traditional and exclusive

46
Q

3 is

THREE EXCEPTIONS TO THE STATE ACTION DOCTRINE

A

entanglement

47
Q

a private actor can be consdiered a state actor if the state is pressuring them to do

A

shit

48
Q

if a state ____, encourages, or helps a private actor carry out unconstitutional activity, the private actor could be considered a ____

A

authorizes
state actor

49
Q

It’s more of an argument honestly, you just have to argue whether there was truly enough _______ to make the government so hopelessly intertwined that the private party was acting as a state actor.

A

downward pressure

50
Q

But remember Goats… just because a private company might get a government ____… doesn’t mean they are “entangled” with the government.

A

subsidy

51
Q

THE MBE WANTS YOU TO KNOW THAT PEOPLE DO NOT HAVE PROPERTY INTERESTS OR “—-“ IN THINGS… THAT THE GOVERNMENT HASN’T EVEN GIVEN THEM YET.

A

ENTITLEMENTS

52
Q

I can’t be entitled to some shit… the government hasn’t even given me, right?

So the answer will be that___ is owed to them until they actually get the subsidy.

A

NO procedure

53
Q

All due process deprivations have to be ____ for us to invoke due process.

A

INTENTIONAL

54
Q

the constitutional test for the VALIDITY of a SA:ES TAX is that the tax must be ____ and may NOT apply directly to the ______

A

nondiscriminatory
federal gov

55
Q

The state court decision relied on an interpretation of federal law, and without any additional disussion, also found that the statute was inconsistent with “idenetial provisions of our state constitution.”

THEREFORE this co-extensive interpretation did NOT provide an independent adequate state courts, meaning that the Court _______ if it finds that it raises an ___

A

may review the case
important federl question

56
Q

what is teh ELI5 way to explain substantive DP?

A

SDP is all about whether the gov has an adequate reason for taking away your fundamental rights

57
Q

how many levels of scrutiny do you get in SDP land ?

A

TWO

58
Q

under SDP, if the gov messess with your fundamental rights, that get ____ scrutiny

under SDP, if the gov messess with your NON-fundamental rights, that gets _____ scrutiny

A

rational basis

59
Q

examples of stuff that is NOT fundamental right?

A

Anything economic. The right to have a job, or practice a trade, or make money, or have a certain minimum wage… or any type of shit involving money is not a fundamental right.

60
Q

education…..

we have no FUNDAMENTAL right to education, but we do have a right to CHOOSE OUR OWN ___

A

CHILD”S EDUCATION

61
Q

when the gov limits EVERYONE’s ability to do something, this is a _______ issue

A

DPC

62
Q

FUNDAMENTAL RIGHTS INCLUDE

  1. Voting
  2. marry whoever we want
  3. have ____ with consenting adults
A

sex

63
Q

when gov limtis a certain class of people from doing something, this is an ______ issue

A

Equal protecction

64
Q

to allege an equal protection violation, the P must show that he or she is being treated differently than others AND that the discrimination either is _________ or there is a discriminatory _____ COMBINED with the discriminatory _____ of the law

A

facially
intent
impact

65
Q

for EPC we need

Di + Di

A

Discriminatory intent + discriminatory impact

66
Q

14A states that ______ cannot deprive anyone of life, liberty or property without DP of law

A

STATES

(not fed)

67
Q

But just remember on the MBE… if they have a problem about the TSA at the airport being racist against middle eastern people for example… the answer is going to be the due process clause of the ___

A

5A

68
Q

If the problem is talking about STATES fucking with people and treating certain classes of people differently than others, the answer will be that it is a violation of the ____Amendment Equal Protection clause.

A

14

69
Q

for gender based classifications, that gets intermediate scrutinty. Such regulations will be ypuheld if the gov shows there is an _______justification for the separate treatment, and the separate facilities are ___

A

exceedingly persuasive
substantally equvilent

Elephant Skateboarding

Exceedingly - Substantially Equivalent. Elephants - Skateboarding.

70
Q

a bill of attainder is when a statute imposes a punishment (like the deprivation of of gov imployment) without any trial which is ___

A

unconstituional

71
Q

the ex post facto clause protects criminalizing past conduct

A

ok

72
Q

a bill of attainder is a legislative act that inflicts _____ without a judicial ____ upon individuals who are ____ by name or in terms of ______

A

punishment
trial
named
past conduct

73
Q

the US supreme court case BLAH BLAH held that a statute barring particular individuals from governmetn employment qualified as _____ within the meaning of the constitutional provision prohibiting ______

A

punishment
bill of attainder

74
Q

Procedural due process protections affording individuals notice and a hearing before being deprived of an itnerest in public employment do NOT apply to _____

A

legislative action

75
Q

the supreme court has repeatedly held that Congress shall NOT play a role in the removal of ____’

therefore the president may constitutionally remove the director without consent o Senate

A

executive officers

76
Q

Rememner that Congress has the power to remove CERTAIn types of federal officials, such as those serving as members of governing bodies of regulatory agencies and inferior officers in agencies wher the head of the agency may be removed by the president at will

BUT under the separation of powers doctrine, Congress may NOT play any role in the removal of a ___

A

pres appointee

77
Q

The P&I clause of Art 4

WORK 4 ME

A

This is all about preventing discrimination against out-of-staters when it comes to (1) work opportunities (ability to earn a livelihood), or (2) fundamental rights

78
Q

You can tax out-of-staters higher for HOBBIES (like hunting, recreational fishing, etc) and that will not violate the ____

A

privileges and immunities clause of art 4

79
Q

And remember, corporations and aliens ____ bring a claim under the Privileges and Immunities Clause because it is all about discrimination against out-of-state CITIZENS… and they are not real citizens

A

cannot!!!

80
Q

And one final TRICK ALERT: Sometimes the MBE will test a scenario where a state is discriminating against it’s ___ citizens, not citizens of other states. This is not a violation of the privileges and immunities clause, as it ONLY relates to out-of-staters.

A

own

81
Q

Well, the privileges or immunities of the 14th forbids state infringement on the right to travel ____ STATES.

A

between

82
Q

Durational residency requirements are thus subject to ___ SCRUTINY

A

STRICT SCRUTINY

83
Q

A state cannot give REDUCED state benefits to citizens that have been in a state for two months vs. citizens that have been there for a year.

EXCEPT it can for two things

A
  1. in state tuition
  2. obtaining a divorce
84
Q

New citizens have full rights to get ____

A

social benefit programs

85
Q

__ days is the max time you have to travel when you move to a new state to begin voting

A

50

86
Q

Just remember on the test, anything over 1 year is too long for ANY durational residency requirements.

A

MBE Weak Areas (17 decks)

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