Con Law Flashcards
1
Q
Congress does / does not have the power to promote the general welfare
A
does not. But CAN spend for the general welfare
2
Q
The federal government does / does not have a general police power
A
does not; states do
3
Q
Necessary and Proper is / is not a free-standing power of Congress
A
is not. It works only as an add-on to some other legislative power (e.g., “necessary and proper to coin money”)
4
Q
What are Congress Big 3 powers?
A
tax, spend, commerce
5
Q
Privileges or Immunities under the 14th Amendment
A
means nothing today (so it is never the correct answer on the MBE)
6
Q
which special privileges does media have re: speech?
A
None. When asked about a law on the media, ask whether that law could be applied to you.
7
Q
Privileges and Immunities Clause of Article IV
A
IV -> little outsider (I) bullied by big insider (V)
prevents a state from treating citizens of another state in a negative discriminatory manner (prevents state from saying that those outside its borders can be slaves when they enter) (MUST PASS STRICT SCRUTINY TO DO SO)
it does not prevent a state from discriminating against its own citizens
8
Q
state interests for strict, intermediate, and rational basis
A
STRICT - law must be least restrictive means to achieve a compelling govt interest
(target a suspect class or involve a fundamental right [fam living together, travel, voting, life, liberty, property], and has discriminatory *intent*)
- To trigger strict or intermediate scrutiny under EQP,
there must be discriminatory INTENT by government
intermediate - substantially related to advancing/protecting an important govt interest
rational basis - rationally related to a legitimate govt interest
CIL [kill]
9
Q
intermediate scrutiny applies to which classes?
A
gender and nonmarital child status (quasi-suspect)
10
Q
does residency requirement trigger national origin discrimination/strict scrutiny?
A
no; alienage
11
Q
Supreme Court has frequently stated that there is a presumption [in favor of / against] preemption
A
against
so: typically, federal law does not preempt state law, so a state is free to enact legislation regarding the same issue
12
Q
A public employee who may be discharged only for cause has a property interest in her job and therefore is entitled to what via due process?
A
pre-termination notice, pre-termination opportunity to respond, post-termination evidentiary hearing
13
Q
the prohibition on an ex post facto law applies only to retroactive changes that affect ___ or __ liability
A
cannot affect criminal or penal liability
civil is okay
14
Q
when procuring a federal job, what’s necessary to punish someone based upon her association with a bad group?
A
if that individual (i) is an active member of a subversive organization, (ii) has knowledge of the organization’s illegal activities, and (iii) has a specific intent to further those illegal objectives
15
Q
do employment laws, including ADA, apply to churches?
A
no! :O
16
Q
11th Amendment
A
state cannot be sued in fed court by individual/foreign govt (unless consents) (u can sue a LOCAL gov though)
[11] -> Twin Towers -> NY State -> supreme
As an exception to the Eleventh Amendment, when a state official, rather than the state itself, is named as the defendant in an action brought in federal court, the state official may be enjoined from enforcing a state law that violates federal law or may be compelled to act in accord with federal law despite state law to the contrary. In this case, P and B will be allowed to sue the Attorney General for injunctive relief because they are alleging that State X’s law is in violation of rights afforded to them in the U.S. Constitution.
17
Q
When will a court enjoin a pending state criminal trial?
A
bad faith, harassment, patently invalid statute
18
Q
Congress [can/can’t] tax goods exported to foreign countries
A
cannot
19
Q
Does 13th or 14th Amendment give Congress power to legislate against private as well as public racial discrimination?
A
13th (Netflix)
20
Q
Which Amendment gives Congress the power to eliminate racial discrimination in voting?
A
15th (almost voting age of 18)
21
Q
what govt notice is needed for seizure of real property?And of personal property?
A
real property: notice and a hearing before seizing
personal property: nothing :O
22
Q
Takings Clause [is / is not] limited to property, and [does / does not] extend to personal property and property rights, such as an easement or a lien.
A
is not limited to property; extends to personal property and property rights, like easements
23
Q
Generally, a STATE law that discriminates against non-citizens is subject to ___ review under the Equal Protection Clause and will be ___
A
strict scrutiny; invalid (states can’t just be screwing over LPRs)
However, a state may legislate with regard to alienage if Congress has explicitly authorized it.
24
Q
A STATE law that restricts or prohibits a non-citizen’s participation in government functions is subject to a ___ review
A
rational basis (eh it’s fine if state limits their govt involvement – they’re foreigners)
25
Tenth (10th) Amendment
reserves to the states powers not delegated to the federal government nor prohibited by the constitution (dont have plenary tax power though)
26
What's the only situation where the First Amendment shields the media from liability for publishing information that was obtained illegally?
if it was obtained by a third party, involves a matter of public concern, and the publisher neither obtained it unlawfully nor knows who did.
27
Although Congress may spend for the general welfare and impose conditions on the receipt of an appropriation by a state, these conditions must be set out ___ to be enforceable
unambiguously
Since expert fees were not unambiguously included in the amounts that may be recovered by the parents of a child with special needs under this statutory cause of action, these fees cannot be recovered.
28
Because the federal government has very broad authority to spend for the general welfare (i.e., any public purpose), STATE power is [often / rarely] exclusive
rarely (eg states don't have exclusive power over education)
29
States [can / cannot] tax the federal government and its instrumentalities (eg Defense Dept contract w/ state)
cannot :O fuk u states
30
Most legislation related to zoning is reviewed under ___ review
rational basis (so law's presumed valid, just need a legit govt interest)
31
Congress [can / cannot] override STATE laws concerning FEDERAL elections
can override
32
Congress [can / cannot] delegate the appointment of inferior officials to the President, courts, and cabinet members
can. no senate approval needed for inferior if Congress delegated it
33
Although parents [do / do not] enjoy a fundamental right to make decisions regarding the care, custody, and control of one’s children, including the right to privately educate one’s child outside public school, that right is subject to ___ state educational standards
do enjoy; reasonable standards
34
a state may generally exercise its police power in any way that is not __ nor __
arbitrary or irrational
35
The Dormant Commerce Clause limits the extent to which __ can exercise power over interstate commerce
states
36
The Origination Clause requires that bills that ___ originate in the House
raise revenue
37
In order for a person’s procedural due process rights to be violated, the violation must be the result of an action undertaken by the __, not a __
government, not by a private person (eg got-licensed PRIVATE nursing home)
the mere licensing, regulation, or substantial funds received by a private person does not transform an action undertaken by that person into government action
38
Congress [can / cannot] explicitly permit states to act in ways that would otherwise violate the Dormant Commerce Clause
Can, because Congress has exclusive authority over interstate commerce
39
Can Congress take away someone's citizenship? If so, when?
yes, with consent or if P got citizenship via bad faith/fraud
40
Can Congress appoint members of a body with administrative or enforcement powers?
No. These members are “officers of the United States” and must be appointed by the President.
Here, because the fishery committee has enforcement powers, the members must be appointed by the President, not by Congress nor by Congress' delegation of appoint to an executive department.
41
a detainee retains the privilege to file a habeas corpus petition, unless this privilege is suspended. This clause [does / does not] apply to individuals detained in a territory over which the US has sovereign control, including territory outside the US
does apply
42
Congress [can / cannot] limit the jurisdiction of the federal judiciary
can, though Congress may not exercise this power in a manner that violates the Constitution (eg by limiting the constitutional right to habeas corpus by removing jurisdiction from federal courts
43
what's required for standing?
(i) injury in fact, (ii) causation, and (iii) redressability
44
a government [may / may not] destroy property in response to a public peril without the payment of compensation
may
45
A federal tax [can / cannot] be imposed directly on a state
cannot
46
A federal tax [may / may not] be imposed on payments made by the state to a private person
may
47
Religious magazines only are exempt from a sales tax. Problem?
apply strict scrutiny (least restrictive means to achieve compelling govt interest) because government is favoring religion over non religion (same if one religion were preferred over another)
48
Under ___, the principle of "one person, one vote" requires that one person's vote must be essentially equal to any other person's vote.
Equal Protection Clause
49
The restriction of voting to a class of persons (e.g., landowners, for local school board elections) has generally been found to violate the "one person, one vote" principle (EQP), EXCEPT in the case of ___ elections
water-district
50
a state may draw its legislative districts on the basis of ___, rather than ___ or ___ ___.
total population, rather than eligible or registered voters
51
A variation of less than __% in the size of a STATE legislative district is OKAY (Congressional districts require nearly exactly the same)
10%
52
Uniformity Requirement
the requirement that taxes be uniform throughout the US means only that the product must be identically taxed in every state in which it is found
53
A student [is / is not] entitled to a hearing with regard to dismissal for academic reasons from a public institution of higher learning.
is not
Since the architecture student was provided with notice of her academic shortcomings and an opportunity to correct those shortcomings, she was provided with adequate procedural due process.
54
an overbroad governmental law or policy [can or cannot] be challenged as facially invalid even by those who are validly regulated, on behalf of those who are not.
can, to prevent a “chilling effect” on protected speech
55
An assignee didn't suffer an injury, but the assignor did. The assignee [does / does not] have standing under Article III to bring the assigned claim.
does, even if the claim is mature at the time of assignment and the assignment is made for collection only
56
the General Welfare Clause has been interpreted as permitting Congress to exercise its power to tax for ___
any public purpose
so you do NOT need a compelling govt interest
57
a state or local regulation that, on its face or in practice, discriminates against out-of-state commerce is unconstitutional unless ...
unless it serves an important local interest and no other non-discriminatory means are available to achieve that purpose.
58
Comity Clause (also known as the Privileges and Immunities Clause) of Article IV prohibits
prohibit a state from discriminating against the citizens of another state -- does NOT apply to FEDs
59
Naturalization Clause
a source of Congressional power over immigration and aliens
60
Privileges or Immunities Cause of the Fourteenth Amendment prohibits
prohibits STATE action that denies natural persons of the privileges or immunities of national citizenship. It has NOT been applied to actions taken by the FEDs
61
privilege and immunities clauses apply to feds or states?
states
62
Congress [can / cannot] directly tax real property
cannot
63
Despite no present injury, an action that seeks a declaratory judgment might be allowed, but the challenged action must pose a __ and __ danger to a party’s interests for there to be an actual dispute
real and immediate
64
In general, the federal government has [limited, or almost unlimited] power to regulate the states
almost unlimited power, as long as Congress is exercising one of its enumerated powers, such as the power to regulate commerce
The primary limitation on Congressional action with regard to the states is that Congress may not commandeer state legislatures to enforce a federal regulatory program, either directly or by conscripting a state official. This does not mean that a county government cannot be subject to the federal statute, only that Congress cannot force the county government to use its power and resources to enforce the federal program in the county.
65
Although sovereign immunity generally prevents the federal government from being sued (eg by a state) without its consent, a ___ may be sued for injunctive relief.
federal official, such as a DOE official
66
The Necessary and Proper Clause [does / does not] enable Congress to enact laws that carry into execution a treaty that's been negotiated by the President and ratified by the Senate in the exercise of their constitutional powers
does
67
The First Amendment [does / does not] shield the media from liability for publication of a lawfully obtained private fact, e.g., the identity of a rape victim, that involves a matter of public concern
does shield
68
A state [can / cannot] prohibit all use of public facilities and public employees in performing abortions.
can :O
Although a woman has a constitutional right to have an abortion, the state is not constitutionally required to permit abortions at a state-owned or operated facility
69
While trying to foil prisoner's escape, a federal marshal accidentally killed a bystander. Which clause can prevent the marshal from being charged?
try to argue that: since the killing occurred when he was acting as a federal law enforcement officer, he enjoys immunity under the Supremacy Clause from state prosecution for his actions.
70
Since the executive order applies to anyone who was born in the island nation, it is based on a _____
national origin -- a suspect classification under the Fifth Amendment's Due Process Clause which provides EQP protection (ie strict scrutiny -- least restrictive means available to achieve a compelling governmental interest.)
71
in what situation can feds commandeer a state agency DIRECTLY and PERMISSIBLY?
when it's a law of general applicability that also affects private companies (eg seatbelt law affecting state bus agency plus private ones)
72
Congressional law requires seatbelts on all buses. Private Co says shouldn't apply to them because they operate buses only within city limits (so, not interstate). Correct?
No because buses as a whole are instrumentalities of commerce
73
Government holiday displays will generally be upheld unless a __ observer would conclude that the display is an __ of religion
reasonable; endorsement
74
A state law provides that a person who has been divorced may not marry again unless he or she is current on all child-support payments. A woman who was refused a marriage license pursuant to this law sued the appropriate state officials. what's the standard of review?
strict scrutiny, because right to marry is fundamental; for SS, burden's on GOVT
75
for rational basis, burden is on govt or P to show?
P
76
Are federal employees immune from state laws that interfere with their obligation to carry out an authorized function?
yes
77
state tax on foreign commerce must not
(i) create a substantial risk of international multiple taxation or (ii) prevent the federal government from "speaking with one voice" regarding international trade or foreign affairs issues.
78
state tax on interstate commerce must...
(i) the activity taxed must have a substantial nexus to the taxing state, (ii) the tax must be fairly apportioned, (iii) the tax may not discriminate against interstate commerce, and (iv) the tax must be fairly related to the services provided by the state
79
When a federal statute conflicts with an executive agreement, which takes precedence?
the statute
80
when a federal statute and a federal treaty conflict, which governs?
whichever was enacted more recently would govern; they're roughly equivalent
81
do executive agreements take precedence over state laws?
yes
82
When a government employee contends that his rights under the Free Speech Clause of the First Amendment have been violated by his employer, the employee must show...that he was speaking as a citizen on a matter of public concern. In determining whether a government employee is speaking pursuant to his official duties, the critical question is whether the speech at issue is itself ordinarily within the scope of an employee’s duties, not whether it merely concerns those duties.
that he was speaking as a citizen on a matter of public concern. In determining whether a government employee is speaking pursuant to his official duties, the critical question is whether the speech at issue is itself ordinarily within the scope of an employee’s duties, not whether it merely concerns those duties.
83
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
If the state is a market participant, it may favor local commerce or discriminate against non-resident commerce as could any private business
84
does 15th Amendment's right to vote include your right to have your vote meaningfully counted?
yee
85
can a state coin money, or making anything but gold and silver coin a tender in payment of debts?
no
86
Congress may not reinstate the right to bring a legal action after the judgment in the action has become final -- requiring a federal court to do so violates the __ doctrine
separation of powers (b/t Congress and courts)
meanwhile, a bill of attainder [attain dair guilt] is a legislative act that declares a person or group of persons guilty of some crime and punishes them without a trial.
87
if a state's highest court says that a state law violated both the state's due process clause and the federal due process clause, can SCOTUS review it?
no, because the decision rested on adequate and independent state grounds (i.e., violation of state law). So even if Congress reviewed and found that the state violated federal law, the result wouldn't change because it still violated state law. no point to waste SCOTUS' time
88
Can Congress generally regulate the states if Congress is exercising one of its enumerated powers?
yes, like making them dispose of vehicle batteries in federal facilities (commerce clause)
89
Are actual threats of violence (e.g., at ceremony: "if you get married I'll drown you!") outside the protection of the First Amendment?
yes
90
Expressive conduct (or symbolic speech) may be protected as speech, but it is subject to a [greater / lesser] degree of protection
lesser
91
does a state law requiring children to attend public schools infringe on the right of parents to control the upbringing of their children?
yes. strict scrutiny because this right is a fundamental aspect of privacy protected by 14A due process
92
can a state prohibit a political party from allowing independents to vote in its primary?
no
93
due process - which 3 factors will court consider to determine whether sufficient process was provided?
Due Process = Death Penalty (DP)
1. protected interests taken, and importance to P (life)
2. government's interests (safety)
3. risk of erroneous deprivation of that interest through those procedural safeguards (risk wrong person will be killed if we use 2 trials, appeals, etc), and any value in additional procedural safeguards)
94
what's the exception to the 11th Amendment?
when a state official, rather than the state itself, is named as the defendant in an action brought in federal court, the state official may be enjoined from enforcing a state law that violates federal law or may be compelled to act in accord with federal law despite state law to the contrary. In this case, P and B will be allowed to sue the Attorney General for injunctive relief because they are alleging that State X’s law is in violation of rights afforded to them in the U.S. Constitution.
They are allowed to seek to enjoin the Attorney General from enforcing State X’s law that allows 10% of its teachers’ wages to be withheld. However, they will not be able to seek legal DAMAGES from the Attorney General because that claim will be barred by 11th A
95
what's the crime that requires receiving control of stolen property w/ knowledge that the property was stolen and an intent to permanently deprive the owner of it?
receiving stolen property
96
Challenging fed law that prohibits refusing assignment to a country for military duty. Using Free Exercise Clause as defense. How will court review it?
since it's a law of general applicability that incidentally impacts religion -> rational basis lol
If specifically targeted religion -> strict scrutiny
97
how do you determine whether a program violates the Establishment Clause
Lemon test:
The action is valid if
(1) it has a secular purpose;
(2) its primary effect neither advances nor inhibits religion; and
(3) it does not result in excessive government entanglement
98
The president [is / is not] the sole US rep in foreign affairs, so Congress [can / cannot] direct ambassadors to do stuff contrary to President's plans
Congress can't direct because President and subordinates are sole reps
99
Did Article III create federal district courts?
no
100
is the power to impose retail sales taxes reserved for the states?
no, Congress has power to tax, can do so nationally
101
states can enact abortion regulations that aim to encourage childbirth over abortions as long as the regulations do not...
impose an undue burden, and are rationally related to encouraging childbirth
102
are states required to pay for abortions? do women have a fundamental right to an abortion?
no
103
does Congress have broad powers to restrict SCOTUS' appellate jurisdiction?
yes
104
what's prior restraint?
govt prohibition on making something (like certain types of films)
105
a tax on movies w/ sex scenes is a content-based restrictions, subject to __ __ review
strict scrutiny
106
a statute regulates residential property rental terms (can't discriminate against LGBT). does congress have this power under commerce clause or enforcement clause of 14th Amendment?
commerce
107
14th Amendment's Enforcement Clause
applies to congressional regulation of STATE action.
| Prevents states from denying due process for taking LLP
108
In which way can Congress NOT alter SCOTUS' appellate jurisdiction?
if interferes w/ establishing a supreme/uniform body of federal constitutional law (eg by eliminating SCOTUS' review for entire area of law)
109
Can govt pay to take away private property and turn it over to another private party?
yes, as long as the public will derive some benefit (eg convert homes to luxury hotels to boost tourism)
110
May Congress explicitly grant a state the authority to regulate commerce in a particular way (thus ensuring it won't violate dormant commerce clause)?
yes. look out for hypo where Congress *allows* the state to regulate
111
a state statute that uses alienage (citizenship) as a classification must pass ___ ___ review
strict scrutiny (EQP)
112
power to promote science and useful arts concerns mostly ___
patents/copyrights
113
is the right to use contraceptives part of the fundamental right to privacy (14th Amendment)?
yes, so because banning sale of contraceptives implicates a fundamental right, that law must be narrowly tailored to further a compelling govt interest
114
zoning is an exercise of the states' ___ power
police
115
time, place, manner regulations of speech must be 3 things:
content-neutral; narrowly tailored to serve important govt interest; and leave open alternative avenues of expression
116
after fetal viability, most limitations on abortion [will / will not] be an undue burden if there's an exception for mom's life/health
will not; can't impose undue burden on ability to get abortions at any point in pregnancy, but as long as u have health exception after viability then prob okay
117
regulation of commercial speech must be...
narrowly tailored to serve a substantial govt interest (similar to regulation of time/place/manner, except this one's 'substantial', other just important);
the commercial speech must also be lawful, non misleading
118
is restricting telemarketer calls re: accident insurance for 30 days after an accident a "time, place manner" regulation or a commercial speech reg?
commercial speech because it restricts speech *based on its content* -- we're regulating these calls BECAUSE of their content (insurance solicitation)
119
does nude dancing have 1st Amendment protections?
yes
120
do courts have federal question jurisdiction over issue that involves treaty provisions' effect on citizens?
yes
121
could 13th Amendment implicate sexual orientation issues?
no, 13th is mostly race based
122
does 14th Amendment prohibit state action, private action, or both?
only state action (No State shall...LLP, EQP)
| remember: 14th is an SLS class (because LLP, EQP)
123
do requests for declaratory judgment still need to satisfy ripeness (eg actual/imminent injury)?
yes, so public utility can't just sue re: law it think is unfair if it hasn't been injured by it yet
124
does a state probationary employee have property interest in their job?
no because it doesn't have a right to be rehired (because it's probationary) that's protected by due process
125
to establish a violation of the Free Exercise Clause, challenger must show what in order to then trigger strict scrutiny
govt INTENT to TARGET the religion
126
Does EQP or Privileges or Immunities Clause of 14th Amendment provide ability to challenge state requirement that candidates for barber licenses must've been residents of state for 2 years?
P&I -> right to travel (fundamental) -> state durational residency requirements must meet strict scrutiny (interfering w/ FUNDAMENTAL RIGHT to travel)
EQP would only trigger rational basis review
127
are officially sponsored non-denominational prayers at public school graduation okay if no one's required to pray?
no, violates Establishment Clause, because the ritual, whether voluntary or not, gives impression of state-sponsored coercion to participate in religion
128
Can Congress create a statute that mimics treaty that president rejected?
yes
129
state law re: marriage licenses, burden is on challenger or state to show why it's legal?
state. substantial impact on right to marry -> fundamental right -> strict scrutiny
130
a statute that's neutral on religion and has general applicability (eg no killing cats) need only be ___ to a ___ govt interest in order to be applied to a person, even if it impairs a religious practice
rationally related to a legitimate govt interest
131
are statutes that restrict speech that's "opprobrious, annoying, or abusive" too vague?
yes, though another statute could find the same sort of conduct punishable (eg assault style)
132
State Supreme Court reaches decision on 2 grounds: state's EQP clause, and federal Immunities clause. can scotus review?
no, because state Supreme Court decided the case in part on an interpretation of state constitution, which is an adequate and independent state ground (if state says it violates a state statute, that's it, no need to involved scotus)
133
**P1 (state A) has 76K claim against D (State B).
| P2 (State B) has 10K claim, same common nucleus of operative fact. Can P2 be brought in fed court?
no because same state as D
fed court in diversity over P1 can have supplemental jurisdiction over P2 if (1) common nucleus of operative fact and (2) P2 is NOT citizen from same state as D.
$$ of P2 does not matter when common nucleus
134
for rational basis review, is burden on challenger or govt to show rational relation to legit govt interest?
challenger must show it's NOT rationally related to legit interest
135
can a state criminalize threats of harm?
yes if the speech is intended to incite imminent lawless action and is likely to actually incite it
(eg no threatening the life of public officials)
136
**is the General Welfare Clause an independent source of authority?
no
137
spending power for regulating products would require:
products regulated as condition of receipt of federal funds
138
does live without parole for juvenile violate 8th Amendment (cruel/unusual punishment)
8 = forever symbol = punishment
yes, can't do that if person was a juvenile when committed crime
139
are judicial bypass procedures required for abortion regulations that impose parental notification requirements on minors?
yes, so a law cannot force minor to notify parents at least 48 hours before abortion, without exception, because state must allow court to authorize minor to obtain abortion w/o prior parental notification under appropriate circumstances
140
**taxpayers generally lack standing to challenge general spending statutes, but they do have standing where...
there spending violates the Establishment Clause (religion)
141
bill of attainder
imposes a punishment (eg depriving govt employment) w/o a trial on people who are designated by name or in terms of past conduct (which define who those particular people are). states and feds can't do this
142
does due process require legislation to provide an individual to notice and a hearing before being deprived of an interest in liberty or property
not to legislation
143
ex post facto law
legislation that retroactively alters the CRIMINAL law in a prejudicial manner to deprive a person of any right previously enjoyed, in order to punish the person for some past activity
144
strict scrutiny usually applies to state laws that discriminate against aliens, but ___ applies when alienage classifications restrict the right to participate in functions central to self-got (voting, running for office, jury service)
rational basis
145
can state courts hear federal cases?
yes, unless Congress says/implies that a cause of action may only be heard in fed court. State courts can't discriminate against a case solely because it arises under federal law
146
Strict scrutiny for SPEECH requires “narrowly tailored”
Taylor Swift..speech..narrowly tailor
147
when can a state limit the class of persons who are allowed to vote in an election?
when the elected govt official will serve in a capacity that has a special impact on the enfranchised class (eg for election of director of state watershed improvement district, the franchised is limited to landowners w/in the district because they're the only ones directly affected by the outcome)
148
doctor convicted at trial for fraud. state law says fraud = revoke license. state board, after notification of conviction, revokes, w/o a hearing. can state board argue that the trial already provided extensive procedural due process protections, so no hearing necessary ?
yes
149
does Speech and Debate Clause protect Congressperson for ANY speech made in the Senate?
yes :O
150
A state contracted w/ construction company to build a bridge. but needing funds to build a park, the state cancelled the construction contract. Company sues. Is the state free from liability since it can't be sued w/o its consent?
it's liable because it consented to the terms of the K by entering into it
151
does the constitution severely limit states from enacting/repealing state legislation that eliminates state's pre-existing contractual burden?
yes, so cant just cancel contracts. state can be sued for doing so because it consented to the contract terms (thus consented to liability if violates K)
152
is an imminent injury present when someone could be subject to prosecution by a criminal statute at any time?
yes, can sue even if crim statute hasn't been enforced against anyone yet
153
the government cannot fire an employee because of the employee's political views unless certain political views are required for effectively performing the employer's job
'serves at the pleasure of the mayor' doesn't give mayor power to fire anyone for political views (overboard, chilling effect)
154
does 11th amendment also prohibit Congress from allowing citizens to sue states?
yes
BUT Section 5 of the 14th Amendment (EQP) is an exception: lets congress protect people from discrimination based on classifications, including age, by letting them sue the state
155
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| 9/14
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| 9/14
156
is the power to tax considered plenary?
yes
157
what does the Contracts Clause prohibit?
States can't RETROACTIVELY IMPAIR CONTRACT RIGHTS
it does NOT affect Ks that haven't been made yet
158
property clause
gives Congress power to protect its property (Eg wildlife in Yosemite)
159
Rule 11 sanctions apply to..
pleadings, not discovery/objections/motions/responses
9/11..plead for mercy
160
can 13th Amendment be used for law that bans all forms of discrimination against blacks?
yes, 13th abolished slavery and gives Congress power to combat the adversity incident to slavery that still exists today
161
is housing a fundamental right?
no
