Con Law Flashcards
What does the eleventh amendment prohibit?
It bars suits in federal court against state officials for violating state law
It immunizes the state from suits in federal court for money damages or equitable relief when the state is a defendant in action brought by citizen of another state or a foreign country
It bars citizens from suing their own state in federal court
It does not bar suit brought by a citizen against the state in the courts of another state
What does the contracts clause prohibit?
States cannot pass any law “impairing the obligation of contracts.” It only applies retroactively to state legislation and not to contact not yet entered into
Are states immune from federal taxation?
Not unless the tax would discourage essential governmental functions
What is an exception to compensation for public taking?
Public peril
How must federal preemption for the state statute be stated?
Impliedly or expressly
Do taxpayers have standing to file a federal suit to challenge the government’s allocation of funding?
No unless the taxpayer is challenging a specific congressional appropriation as a violation of the establishment clause
What does Section 5 of the 14th amendment permit congress to do?
Pass legislation to enforce the equal protection and due process rights guaranteed by the 14th amendment, as long as there is “congruence and proportionally” between the injury to be prevented and means adopted
How must federal preemption for the state statute be stated?
Impliedly or expressly
What is forfeiture and when does the government need to provide the owner with notice?
Forfeiture is the involuntary relinquishment of property that the government alleges is connected to criminal activity.
Government is required to provide the owner with notice and hearing prior to the seizure of real property, but not personal property
What is the test for free speech for a government employee?
Whether the employee was speaking as a citizen in a matter of public concern and not pursuant to her official duties
What are the exceptions to the 11th amendment?
A state may consent to suit
When a state official is named as a defendant, the state official maybe enjoined from enforcing a state law
An action for damages against a state officer is not prohibited
Congress may abrogate state immunity from liability if it is clearly acting to enforce rights created by the 14th amendment
What is the Export Taxation clause?
Congress may not tax goods exported to foreign countries
What does the first amendment prohibit regarding state elections?
It prohibits states from interfering with a political party’s endorsement of a candidate or selection of a candidate
When is zoning not a taking requiring compensation?
Zoning advances legitimate interests and does not extinguish a fundamental attribute of ownership
What does the privileges and immunities clause prohibit?
Discrimination against nonresident citizens with respect to fundamental rights or essential activities absent substantial justification (employment, transfer of property, commercial activities). Discrimination for recreational activity is allowed.
What does the contracts clause prohibit regarding private contracts?
State legislation that substantially impairs a contract between private parties is invalid, unless the government can demonstrate that the interference was reasonable and necessary serve an important governmental interest
Is the president immune from actions for civil liability that stems from conduct before the president took office?
No. The president is subject to litigation in the same manner as any private citizen
What is the requirement regarding direct taxes?
Direct taxes (taxes imposed directly on property or persons) have to be in proportion to the population of each state. For this reason, congress is hesitant to levy direct taxes.
What is the General Welfare clause?
Gives congress broad power in exercising its taxing and spending powers
What is the uniformity requirement on Congress’s power to tax?
The product or activity subject to tax must be identically taxed in every state in which it is found.
What does the Elections Clause (art. I, section 4) do?
It empowers Congress to override state laws concerning federal elections
Do states have the power to regulate the federal government?
No, unless Congress permits the state regulation, or the state regulation is not inconsistent with existing federal policy
What degree of protection is symbolic speech afforded?
A lesser degree than actual speech. Regulation is upheld if: The regulation is within the government’s power to enact, the regulation furthers an important government interest, the government interest is unrelated to the suppression of ideas, the burden on speech is no greater than necessary
Can congress appoint members of a body with administrative or enforcement powers?
No, they must be appointed by the president
Who may appoint members of a body with administrative or enforcement powers?
The president
What is the Takings Clause cover?
Land, real property, tangible personal property, and intangible property
What is the test to determine whether a state tax on interstate commerce comports with the Commerce Clause?
- substantial nexus between the activity being taxed and the taxing state
- fair apportionment according to a rational formula
- non discrimination
- fair relationship to services provided
When does an organization have standing to sue?
- Its members would have standing to sue in their own right
- The interests at stake are germane to the organization’s purpose
What is the standard when a state or local government restricts an alien’s participation in government functions?
Rational basis review
What is the standard when a state or local government restricts an alien’s participation in government functions?
Rational basis review
What is a direct tax?
A tax imposed directly on property or persons. It has to be apportioned evenly among the states
What is ad valorem tax?
Tax based on the value of real or personal property and is often assessed at a particular time, such as tax day. A state may not levy ad valorem taxes on goods in the course of transit
What is the geographic uniformity requirement for federal taxes?
The product or activity at issue must be identically taxed in every state in which it is found
What is a bill of attainder?
Legislative punishment imposed without judicial trial and is unconstitutional
