Con Law

Question 1

A state statute interfering with the right to marry/marriage triggers:

Answer 1

STRICT SCRUTINY

[because right to marry = fundamental right]

Question 2

Article 1, §10 of the Constitution prohibits states from passing a/an _________, which is _________:

Answer 2

EX POST FACTO LAW

A LAW THAT IMPOSES PUNISHMENT FOR AN ACT THAT, AT THE TIME IT OCCURRED, WAS NOT PUNISHABLE

Question 3

A Bill of Attainder is a legislative act that applies:

Answer 3

either to NAMED INDIVIDUALS or to EASILY-ASCERTAINABLE MEMBERS OF A GROUP (in such a way to inflict punishment on them without a judicial trial)

Question 4

Where the government restricts speech but does so in a content-neutral way, the restriction will be valid if:

Answer 4

it is NARROWLY TAILORED to further a SIGNIFICANT GOVERNMENT INTEREST

Question 5

A “Content-neutral” restriction on conduct means:

Answer 5

the restriction does NOT depend on the particular message, if any, being communicated by a particular type of conduct

Question 6

SCOTUS has appellate jurisdiction over:

Answer 6

State court decisions that determine the constitutionality of federal laws AND state court decisions that construe the meaning of federal statutes

Question 7

SCOTUS does NOT have jurisdiction to review a state court decision that…

Answer 7

has a result that can be fully supported by state-law considerations alone

Question 8

If a state court decision is based on 2 grounds (where 1 is an “independent and adequate” state law ground), SCOTUS…

Answer 8

must treat the case as if the state-law ground were the sole one present.
THEREFORE, SCOTUS is deprived of jurisdiction to hear the federal-law portion of the state opinion.

Question 9

Under the Appointments Clause, the President may nominate ___________, subject to ____________.

Answer 9

ANYONE HE/SHE WISHES AS AN AMBASSADOR OR OTHER PRINCIPAL FEDERAL OFFICER;
SUBJECT TO SENATE CONFIRMATION (AKA affirmative approval by a vote of the Senate)

Question 10

Regulations that significantly restrict ________ advertising (Commercial speech) are subjected to __________.

Answer 10

TRUTHFUL

MID-LEVEL REVIEW [restriction must directly advance substantial government interest in a narrowly tailored way]

Question 11

Government may restrict ____________ commercial speech, which is not constitutionally protected.

Answer 11

FALSE OR MISLEADING

Question 12

A state is permitted to prefer local economic interests over out-of-state interests when __________.

Answer 12

ACTING AS A MARKET PARTICIPANT
[when the state acts as market participant rather than pure regulator, the state may give preference to in-staters without violating the dormant commerce clause]

Question 13

Under 14th Amendment SDP analysis, any governmental action that is found to substantially impair a “fundamental liberty interest” must be subjected to:

Answer 13

STRICT SCRUTINY

[A parent has a fundamental liberty interest in controlling his or her child’s education for due process purposes; a state req. that the parent use the public schools violates that liberty interest]

Question 14

SDP: Governmental regulation of a matter that does not involve a fundamental right needs to be …

Answer 14

RATIONALLY RELATED to the achievement of a LEGITIMATE STATE OBJECTIVE

Question 15

When the government restricts speech on the basis of its content, the restriction will be ________, and will be struck down unless __________.

Answer 15

STRICTLY SCRUTINIZED

GOV. CAN PROVE RESTRICTION IS NECESSARY MEANS of achieving a COMPELLING GOVERNMENT OBJECTIVE

Question 16

1st Amendment: PICKETING is _______.
An ordinance allowing one type of picketing, but forbidding other types based on the message being expressed is ________.

Answer 16

an EXPRESSIVE ACTIVITY

a CONTENT-BASED restriction on speech
[which is subject to SS - see card 15]

Question 17

A STATE regulation that significantly affects interstate commerce may be found to violate Congress’s power to regulate commerce if …

Answer 17

a court believes that the regulation DISCRIMINATES AGAINST (or UNDULY BURDENS) out-of-state economic interests IN FAVOR OF IN-STATE INTERESTS

Question 18

Where a STATE takes action that would ordinarily violate the DORMANT COMMERCE CLAUSE, Congress’s _________ or __________ to ____________ may nullify any DCC claim.

Answer 18

AFFIRMATIVE CONSENT 
or 
EXPRESS PERMISSION 
to 
discriminate against out-of-staters.

Question 19

The test used for claimed DORMANT COMMERCE CLAUSE VIOLATIONS is [3 parts]:

Answer 19

1. the STATE REGULATION must merely pursue
   a LEGITIMATE [NOT compelling] STATE OBJECTIVE
2. the MEANS chosen must be RATIONALLY RELATED to that LEGITIMATE OBJECTIVE; and
3. there must not have been AVAILABLE MEANS that were MATERIALLY LESS BURDENSOME TO, or discriminatory against, INTERSTATE COMMERCE

Question 20

___________ ____________ to a state statute that has been attacked on the grounds that the statute intentionally discriminates against, and unduly burdens, interstate commerce & thereby violates the DORMANT COMMERCE CLAUSE may INSULATE the state statute from DCC attack.

Answer 20

CONGRESSIONAL CONSENT

[see cards 18/19]

Question 21

The 10th Amendment prevents Congress from commanding _________ to ________ or ________ federal policies. It can NEVER validate a state law that violates some ________ _________ _________.

Answer 21

STATES
ENACT or ENFORCE

FEDERAL CONSTITUTIONAL PROVISION

Question 22

Article III, §2 of the Constitution says that in all cases falling within the FEDERAL JUDICIAL POWER [and not falling w/i SCOTUS’ original jurisdiction] SCOTUS shall have ________ jurisdiction, with such ______ and under such regulations as Congress shall make.

This means Congress may…

Answer 22

APPELLATE jurisdiction

EXCEPTIONS

… remove an entire subject area from SCOTUS’ appellate jurisdiction, as long as Congress is acting in a substantively neutral way.
[i.e. CONGRESS MAY LIMIT SCOTUS’ APPELLATE JURISDICTION]