Con Law Flashcards
Unprotected Speech: FIDO
Fighting words/threats
Inciting crime
Defamation
Obscenity
Can government restrict speech in public forums?
Yes, if that speech is unprotected or restriction satisfies SS
Complete Auto test
State tax imposed on IC must meet following reqs.:
- activity taxed must have SUBST’L NEXUS to the taxing state,
- tax must be fairly apportioned,
- tax must not discriminate against IC, &
- tax must be fairly related to the services provided by the state
State tax on foreign commerce must not
not:
- create subst’l risk of international multiple taxation or
- prevent the federal gov’t from “speaking w/one voice” re: international trade/foreign affairs issues
When a person is in federal custody, can a state court issue a writ of habeas corpus?
No, only a federal court can issue writ of habeas corpus
Bc Supremacy Cl seeks to promote federal action over state action
Diplomatic power to recognize foreign governments
Executive Branch
SCOTUS, tho, has power to determine interbranch disputes involving foreign affairs when they concern the validity of a federal statute
Field preemption – can state law create law that is parallel to federal stds?
No, field preemption forecloses any state regulation in the area even if it is parallel to federal stds
Test for statutes limiting campaign contributions
IS: statutes limiting campaign contribute must be CLOSELY DRAWN to correspond w/a sufficiently important interest
May laws limit contributions to individual candidates?
Yes
May laws limit contributions to ballot measures?
No
If a statute requires that a state-owned facility discriminate against out-of-staters, is this const’l
Yes, because, the state would be acting as a market participant
Public employee who can only be terminated for cause has
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
1A rights
Freedom of Speech
Freedom to Stay Silent
Right to publish truthful information
(SS)
Can a constitutional challenge be raised by a U.S. citizen abroad?
Yes, the Const’n protects rights of U.S. citizens located anywhere in the world
import-export clause
prohibits state taxation on imported goods UNLESS
- Congress consents or
- tax is absolutely necessary for the state to execute the state’s inspection laws
also check for Complete Auto reqs.
Const’l Amendment ratified by:
- 3/4 vote of state legislature OR
- 3/4 vote by states at const’l convention
Const’l Amendment proposed by:
- 2/3 vote by each house of Congress OR
- national const’l convention called by 2/3 of state legislatures
In order for constitution to be amended
Amendment must be proposed and then ratified
Congress can modify SCOTUS’s appellate jdx unlesss modification would violate:
separatoin of powers doctrine or
other const’l rpvoisions (e.g., violating EP Cl)
Civil laws that apply retroactively & impair an ordinary right must
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
Art. III gives SCOTUS original jdx to directly review only when
- a case affects an amabasssador, public minister, or consul
- when a state is a party to suit
Congress cannot expand/restrict SCOTUS’s original jdx beyond Art. III’s specifications
Gov’t can regulate protected commercial speech if the gov’t proves
Its regulation:
- directly advances a subst’l gov’t interest AND
- is not more extensive than necessary to serve that interest (i.e., there is a reasonable fit bw the means chosen & the interest served)
States can tax federal gov’t affiliates UNLESS
- Congress has granted the affiliate immunity;
- Tax discriminates against the federal gov’t or the affiliate OR
- Tax subst’llly interferes w/the affiliate’s federal purpose or duties
Can any party make a written demand for assurances? (Con
No, the party must21
21st Am.
grants state broad authority ot regulate alcohol w/in their borders
BUT still must not violate DCC
parental rights is a property interest under procedural DP. T/F
T
for issues concerning life, liberty, or property interest
need a higher burden of proof than preponderance of the evidence
congressional subpoena seeking President’s personal information raises
SOP issues
but prohibiting all subpoenas seeking Pre’s personal information would undercut Congress’s investigatory power
congressional committee seeking the President’s personal information
must provided detailed evidence that the subpoena:
- is necessary to obtain the information sought (bc that info cannot be reasonably obtained from another source),
- is limited in scope to a valid legislative purpose–not vague/overbroad, AND
- does not impose an undue burden on the Pres’s time + attn
Establishment Cl
prohibits gov’t from favoring a particular religion or religion generally
Valid congressional vetoes
do NOT exist bc they attempt to overturn agency actions without: presentment (i.e., prsented to the President for approval or disapproval)
new legislative action (e.g., getting around a congressional veto) must be
- approved by both houses of Congress (bicameralism) AND
- presented to the Pres. for dis/approval (presentment)
3P standing doctrine
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
In a procedural DP claim, who has the initial burden of showing that
challenging party has the initial burden of showing that she has a protected life, liberty, or property interest in her employment
public employee (incl. city employees) have a property interest in their jobs if
- ongoing employment K,
- can only be fired for cause, OR
- receive assurances of continued employment
nondelegation doctrine
- prohibits Congress from delegating purely legislative powers BUT
- permits Congress to delegate its incidental powers to executive agencies if it provides an intelligible principle
intelligible principle (nondelegation doctrine)
clear statement defining:
1. policy Congress seeks to advance
2. agency to carry out that policy,
3. scope of that agency’s authority
Can Congress veto an agency’s executive decisions?
No, it can only be overturned through new legislation
1A guarantees the press and the public the right to attend EVERY stage of a CRIMINAL trial (incl. voir dire). T/F
True, as long as it can pass strict scrutiny
11A
prohibits FOREIGN GOV’TS & private parties from suing a state in federal ct w/o the state’s consent
Pres. has plenary authority to take whatever action necessary for the safety of diplomatic agents. T/F
False, Pres. hows the power to APPOINT ambassadors but not plenary authority
Supremacy Clause ranking
- Const’n
- Federal laws & treaties (incl. executive agmts with foreign nations)
- State const’ns
- State laws
- Local laws
