con law Flashcards
1
Q
Establishment clause
A
2
Q
Public forum & designated public forum
A
3
Q
Free Speech flow chart
A
4
Q
Dormant commerce clause analysis
A
5
Q
Types of Dormant commerce clause violations
A
6
Q
Privileges & Immunities Clause of Article IV
A
7
Q
Veto Power
A
8
Q
Political Question Doctrine
A
9
Q
methods by which government can “take” property (5a)
A
- direct government appropriation
- regulatory taking
- temporary restrictions
- conditionial permits
10
Q
what does a regulatory taking require/not require
A
- requires: valid regulation for health, safety, regulatory purpose under police power
- does not require: just compensation
11
Q
what can constitute a regulatory taking (i.e., what kind of action)
A
any permanent, physical invasion, no matter how minor
12
Q
analysis for regulatory takings
A
- balancing test
- balance: econ impact of regulation on claimant / reg interference with distinct investment-backed expectations / character of gov’t action
13
Q
conditional permit taking requirements
A
- logical nexus b/w condition & governmental purpose
- rough proportionality b/w impact on proposed dev & governmental objectives served by condition
