Con Law

Question 1

Unprotected Speech: FIDO

Answer 1

Fighting words/threats
Inciting crime
Defamation
Obscenity

Question 2

Can government restrict speech in public forums?

Answer 2

Yes, if that speech is unprotected or restriction satisfies SS

Question 3

Complete Auto test

Answer 3

State tax imposed on IC must meet following reqs.:

1. activity taxed must have SUBST’L NEXUS to the taxing state,
2. tax must be fairly apportioned,
3. tax must not discriminate against IC, &
4. tax must be fairly related to the services provided by the state

Question 4

State tax on foreign commerce must not

Answer 4

not:

1. create subst’l risk of international multiple taxation or
2. prevent the federal gov’t from “speaking w/one voice” re: international trade/foreign affairs issues

Question 5

When a person is in federal custody, can a state court issue a writ of habeas corpus?

Answer 5

No, only a federal court can issue writ of habeas corpus

Bc Supremacy Cl seeks to promote federal action over state action

Question 6

Diplomatic power to recognize foreign governments

Answer 6

Executive Branch

SCOTUS, tho, has power to determine interbranch disputes involving foreign affairs when they concern the validity of a federal statute

Question 7

Field preemption – can state law create law that is parallel to federal stds?

Answer 7

No, field preemption forecloses any state regulation in the area even if it is parallel to federal stds

Question 8

Test for statutes limiting campaign contributions

Answer 8

IS: statutes limiting campaign contribute must be CLOSELY DRAWN to correspond w/a sufficiently important interest

Question 9

May laws limit contributions to individual candidates?

Answer 9

Yes

Question 10

May laws limit contributions to ballot measures?

Answer 10

No

Question 11

If a statute requires that a state-owned facility discriminate against out-of-staters, is this const’l

Answer 11

Yes, because, the state would be acting as a market participant

Question 12

Public employee who can only be terminated for cause has

Answer 12

Property interest in the employment

DP requires the employee receive.
1. notice of her alleged misconduct,
2. pre-termination opp. to respond to that allegation, and
3. post-termination evidentiary hearing to determine if the termination was warranted

Question 13

1A rights

Answer 13

Freedom of Speech
Freedom to Stay Silent
Right to publish truthful information

(SS)

Question 14

Can a constitutional challenge be raised by a U.S. citizen abroad?

Answer 14

Yes, the Const’n protects rights of U.S. citizens located anywhere in the world

Question 15

import-export clause

Answer 15

prohibits state taxation on imported goods UNLESS

1. Congress consents or
2. tax is absolutely necessary for the state to execute the state’s inspection laws

also check for Complete Auto reqs.

Question 16

Const’l Amendment ratified by:

Answer 16

1. 3/4 vote of state legislature OR
2. 3/4 vote by states at const’l convention

Question 17

Const’l Amendment proposed by:

Answer 17

1. 2/3 vote by each house of Congress OR
2. national const’l convention called by 2/3 of state legislatures

Question 18

In order for constitution to be amended

Answer 18

Amendment must be proposed and then ratified

Question 19

Congress can modify SCOTUS’s appellate jdx unlesss modification would violate:

Answer 19

separatoin of powers doctrine or
other const’l rpvoisions (e.g., violating EP Cl)

Question 20

Civil laws that apply retroactively & impair an ordinary right must

Answer 20

satisfy RBT–law is presumed valid until the challenger shows that the law’s retroactive application has no rat’l relation to any legitimat gov interest

Question 21

Art. III gives SCOTUS original jdx to directly review only when

Answer 21

1. a case affects an amabasssador, public minister, or consul
2. when a state is a party to suit

Congress cannot expand/restrict SCOTUS’s original jdx beyond Art. III’s specifications

Question 22

Gov’t can regulate protected commercial speech if the gov’t proves

Answer 22

Its regulation:

1. directly advances a subst’l gov’t interest AND
2. is not more extensive than necessary to serve that interest (i.e., there is a reasonable fit bw the means chosen & the interest served)

Question 23

States can tax federal gov’t affiliates UNLESS

Answer 23

1. Congress has granted the affiliate immunity;
2. Tax discriminates against the federal gov’t or the affiliate OR
3. Tax subst’llly interferes w/the affiliate’s federal purpose or duties

Question 24

Can any party make a written demand for assurances? (Con

Answer 24

No, the party must21

Question 25

21st Am.

Answer 25

grants state broad authority ot regulate alcohol w/in their borders BUT still must not violate DCC

Question 26

parental rights is a property interest under procedural DP. T/F

Answer 26

T

Question 27

for issues concerning life, liberty, or property interest

Answer 27

need a higher burden of proof than preponderance of the evidence

Question 28

congressional subpoena seeking President's personal information raises

Answer 28

SOP issues but prohibiting all subpoenas seeking Pre's personal information would undercut Congress's investigatory power

Question 29

congressional committee seeking the President's personal information

Answer 29

must provided detailed evidence that the subpoena: 1. is necessary to obtain the information sought (bc that info cannot be reasonably obtained from another source), 2. is limited in scope to a valid legislative purpose--not vague/overbroad, AND 3. does not impose an undue burden on the Pres's time + attn

Question 30

Establishment Cl

Answer 30

prohibits gov't from favoring a particular religion or religion generally

Question 31

Valid congressional vetoes

Answer 31

do NOT exist bc they attempt to overturn agency actions without: presentment (i.e., prsented to the President for approval or disapproval)

Question 32

new legislative action (e.g., getting around a congressional veto) must be

Answer 32

1. approved by both houses of Congress (bicameralism) AND 2. presented to the Pres. for dis/approval (presentment)

Question 33

3P standing doctrine

Answer 33

permits an injured π to assert the rights of a 3P when: 1. π and 3P share an inextricably close rel'ship and 2. genuine obstacles prevent the 3P from asserting his/her rights

Question 34

In a procedural DP claim, who has the initial burden of showing that

Answer 34

challenging party has the initial burden of showing that she has a protected life, liberty, or property interest in her employment

Question 35

public employee (incl. city employees) have a property interest in their jobs if

Answer 35

1. ongoing employment K, 2. can only be fired for cause, OR 3. receive assurances of continued employment

Question 36

nondelegation doctrine

Answer 36

1. prohibits Congress from delegating purely legislative powers BUT 2. permits Congress to delegate its incidental powers to executive agencies if it provides an intelligible principle

Question 37

intelligible principle (nondelegation doctrine)

Answer 37

clear statement defining: 1. policy Congress seeks to advance 2. agency to carry out that policy, 3. scope of that agency's authority

Question 38

Can Congress veto an agency's executive decisions?

Answer 38

No, it can only be overturned through new legislation

Question 39

1A guarantees the press and the public the right to attend EVERY stage of a CRIMINAL trial (incl. voir dire). T/F

Answer 39

True, as long as it can pass strict scrutiny

Question 40

11A

Answer 40

prohibits FOREIGN GOV'TS & private parties from suing a state in federal ct w/o the state's consent

Question 41

Pres. has plenary authority to take whatever action necessary for the safety of diplomatic agents. T/F

Answer 41

False, Pres. hows the power to APPOINT ambassadors but not plenary authority

Question 42

Supremacy Clause ranking

Answer 42

1. Const'n 2. Federal laws & treaties (incl. executive agmts with foreign nations) 3. State const'ns 4. State laws 5. Local laws