Con Law Flashcards

0
Q

Legislative immunity

A

Members of Congress are protected from both civil and criminal liability for statements and conduct made in the regular course of the legislative process, including a speeh given on the floor of Congress, committee meetings, and reports

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
1
Q

Judicial immunity

A

A judge is absolutely immune from civil liability for damages resulting from her judicial acts, including grave procedural errors and acts done maliciously or in excess of authority unless there is a clear absence of all jurisdiction but a judge is not immune to lawsuits regarding non-judicial activities

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Executive privilege

A

Executive privilege is a privilege with respect to the disclosure of confidential inforation by the executive branch to the judiciary or Congressand has been recognized by the Supreme Court but is not an absolute privilege

Criminal trial: presidential communications must be made available in a criminal case if the prosecution demonstrates a need for the information and the judge can examine the communications in camera to determine whether the communications fall within the privilege
Civil proceedings: The executive branches decision to withhold production of information is given greater deference than in criminal proceedings
Claims of privileged based on national security are generally accorded enhanced deference

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Presidential immunity

A

The President may not be sued for civil damages with regard to any acts performed as part of the President’s official responsibilities but he has not immnity in a civil action based on conduct alleged to have occurred beore the President took office or comletley unrelated to carrying out the job

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Exclusive powers of the federal government

A

Any power explicitly stated in the Constitution including the power to coin money or enter into treaties
Powers that by their nature are exclusively federal including the power to declare war and the power over citizenship

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Exclusive powers of the states

A

all powers not assigned b the Constitution to the federal government are reserved to the states or to the people, however in practice with the broad interpretation of the Commerce Clause and the spending power, the federal government has very broad authority, making state power rarely exclusive

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Commandeering limitation on the federal government

A

Congress cannot commandeer state legislatures by commanding them to enact specific legislation or administer a federal regulatory program, and it may not circumvent that restriction by conscripting a state executive office directly but it may, through the use of taxing and spending powers, encourage state action that it cannot directly compe

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Commerce Clause

A

Gives Congress the power to regulate commerce with foreign nations, and among the several states, and with the Indian tribes

Individual states are limited in their ability to legislate on such matters

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Dormant commerce clause and the states’ abilities to regulate interstate commerce

A

If Congress has not enacted legislation in a particular area of interstate commerce, then the states are free to regulate, so long as the stat or local action does not discriminate against out-of-state commerce, unduly burden interstate commerce, or regulate extraterritorial (wholly out-of-state) activity

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

When does a local or state regulation discriminate against out-of-state commerce

A

If it protects local economic interests at the expense of out-of-state competitors

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

When can a local or state regulation that on its face discriminates against out-of state commerce still be upheld because it is necessary to an important government interest

A

If the state or local government can establish that an important local interest is being served and no other non-discrimatory means are available to achieve that purpose

This is rarely found

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

When can a state discriminate against out-of-state commerce: market participant exception

A

A state may behave in a discriminatory fashion if it is acting as a market participant (buyer or seller), as opposed to a market regulator

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What can a state do if it is a market participant

A

if may favor local commerce or discriminate against nonresident commerce as could any private business

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What reasons is it okay for a state to discriminate against out-of-state commerce

A
  1. When it is necessary to important state interest
  2. When the state is a market participant
  3. When the activity being performed is a traditional governmental function
  4. When providing subsidies
    When Congress permits the discrimination
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

States’ non-discrimination against out-of-state commerce traditional government function exception

A

state and local regulations may favor state and local government entities, though not local private entities, when those entities are performing a traditional governmental function

Example: waste disposal

A state may discriminate agains out-of-state interests when raising money to fund state and local government projects

Example: tax exemption for income earned on state and local bonds but not for out-of-state bonds

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

States’ non-discrimination against out-of-state commerce: subsidy exception

A

a state may favor its own citizens when providing for subsidy

Example: in-state tuition

16
Q

States’ non-discrimination against out-of-state commerce: congressionally permitted discrimination

A

Because Congress has exclusive authority over interstate commerce, it may explicitly permit states to act in ways that would otherwise violate the Dormant Commerce Clause

Permission must be unmistakably clear

17
Q

Non-discriminatory state regulation on out-of-state commerce: undue burden on interstate commerce

A

a state regulation that is not discriminatory may still be struck down as unconstitutional if it imposes an undue burden on interstate commerce

To determine if there is an undue burden, courts will use a balancing test and weigh the objective and purpose of the state law against the burden on interstate commerce and evaluate whether there are less restrictive alternatives

18
Q

Can states regulate conduct that occurs wholly beyond its borders

A

No, but there may be an exception for the regulation of internal affairs of corporations

19
Q

What test does SCOTUS use to determine whether a state tax on interstate commerce comports with the Commerce Clause

A

Four-part test

  1. There must be a substantial nexus between the activity being taxed and the taxing state
    • Requires significant contacts with, or substantial activity within, the taxing state
  2. The tax must be fairly apportioned according to a rational formula, such that interstate commerce does not pay total taxes greater than local commerce by virtue of having to pay tax in more than one state
  3. The tax may not provide a direct commercial advantage to local businesses over their interstate competitors, unless Congress specifically authorizes such a tax
    • a tax that is neutral on its face may still be unconstitutional if its effect favors local commerce
  4. The tax must be fairly related to the services provided by the taxing state
20
Q

May a state impose a tax on foreign commerce

A

The Import-Export Clause prohibits the states, without the consent of Congress, from imposing any tax on any imported or exported goods, or on any commercial activity connected with imported goods, except what is absolutely necessary for executing its inspection laws