Con Law (from outline/ lecture) Flashcards
what are the two ways you can regulate speech?
- content-based regulation
- content-netural regulation
what is content based regulation is when the government is BASING a regulation on the actual CONTENT Of the speech. AKA Gov just says “___”
content-based triggers _____ scrutiny
NO
strict
content netural speech is when the gov regulates the time, place, ___ of the speech
content netural is ok as long as it’s for ____ or _____ state interest + leave open ______ means of communication
manner
AKA How, where, when
significant or imporant + leave open ALTERNATIVE MEANS OF COMMUNICATIONS
what is the difference b/w a public forum and non-public forum?
A public forum involves _____ and ____. Apply the test involving a ____ or important gov interest
streets + parks. Significant
Non-public forum (like bus or billboard) you are looking for the regulation to be reasonably related to a ____ interest
legitimate
what is unprotected speech examples?
- obscenity
- speech that incites imminent + violent action
- fighting words/ clear and present danger
- defamation
- commercial speech (business)
- false/misleading ads NOT protected
- Prior restraint
- unfettered discretion
obscenity is when an objective person applies _____ community standards and finds that the work appeals to the ____interest in sex
The work in question depicts sex in a _____manner
Lacks any literary, artistic, political or ____ value
LOCAL; prurient
patently offensive
scientific
commercial speech can be regulated if there is a
reasonable fit to substantial gov interest + ______
narrowly tailored
a gov official cannot allow one form of speech over another. That is _____speech
unfettered
A prior restraint, trying to ban speech before it ever gets out there, is _______
unprotected speech
a bill of attainder is when the federal or state government passes a law that names an individual/ group and ____ them
punishes/ criminalizes
a statute that is overbroad will generally be
struck down as unconstitutional
i.e. “ANY form of X speech not allowed”
ex post facto is when a law is made that was ____ when you did it, but gov tries to retroactively make it criminal
legal
the contracts clause applies when a STATE tries to pass a law that would impair a contractual obligation. This is _____
unconstitutional
To have standing, an individual needs an injury ____, causation, and _____. The case must be ______ and cannot be moot. A court will not render ______
in fact
redressability
ripe
advisory opinions
The supreme court can review decisions of the federal courts of appeals and federal decisions made by ______ courts
state
The supreme court can hear decisions made by state courts if the case involves a matter of FEDERAL LAW, it is a _____judgement from the highest state court authorized to hear the case, and there are no ____ and _____ state grounds on which the state court decision is based
final
independent and adequate
if a state court decision rests on two grounds (a state and federal ground) and the supreme court’s reversal of the federal decision would NOT change the outcome, then the SC _____ the case
cannot hear
A case will go DIRECTLY to the supreme court if it has ____jdx.
Congress may NOT restrict or enlarge such cases
original
a case that has appellate jdx, congres ____ enlarge/ regulate the scope of it
MAY
original jdx = congress may NOT
appellate = congress MAY
memorize
Federal courts will NOT hear _____questions
political questions (those given to another branch of gov by the Constitutional)
TIP: Examples include “republication form of gov” clause challenges, military or foreign affairs decisions, or impeachment
Congress can create more LOWER ______courts
federal
a case is MOOT if the case has already been resolved, so there is nothing left to litigate, so it cannot be brought to ___
federal court
If a case is not ripe, that means that nothing has happened yet, so the case cannot go to ___
ie. law hasn’t been passed yet
(no case or ____)
federal court
controversy
Powers of Congress:
1. N&P
2. taxing and spending
3. _____ power
4. war and defense
5. enforcement power
commerce
The necessary and proper clause must be combined with _______
another power of congress
congress may tax and spend for the
general welfare
BUT it cannot ACT for the general welfare
Congress can regulate anything economic and noneconomic that _____ interstate commerce
substantially effects
other random powers of congress include:
admiral and maritime, property power, postal power, copyright and patent power, power to coin money, power to impeach, and power to _____
delagate powers
congress can delegate legislative power to executive agencies or the judiciary. BUT the power cannot be unuqtly delegated to Congress by the constitution (i.e., power to ____)
declare war
Congress does NOT have police power, execept over MILD
1. Military bases
2. Indian territories
3. ____
4. DC
federal lands
a legislative veto is _____. This occurs when Congress tries to overturn action by the executive branch without ____ and _____
unconstitutional
bicameralism and presentment
under the 11A, the citizens of one state CANNOT SUE its OWN state or ____
another state
A state can be sued if it ____to being sued (look for statute)
consents
A government official may be sued under ___
11A
A private individual cannot sue a STATE for money damages in ____
federal court
municipalities (may/may NOT) be sued
may
the supreme court has original and exclusive jurisdiction for cases ______
between states
supreme court has original jdx over any case that involves APS ( )
ambassadors, public ministers and consuls, or where the STATE is a party
a state can pass a law that discriminates against out of state businesses when CONGRESS ALLOWS IT
When the state is acting as a market participant, that means the state is acting like a monopoly in that business, therefore it can discriminate agiainst ____
out of state business
who is acting in a DORMANT commerce clause issue?
the state
a state can discriminate aginast OOS businesses when (1) congress SAID they can do it, or (2) the state is acting as a ____
market participant
under the full faith and credit clause, a judgement on the ___ in one state gets the full faith and credit in another state
merits
congress cannot _____ states to do stuff
comendeer
THe president has hte power to appoint federal judges, ambassadors, and other principal officers of the United States with the advice and ___ of the Senate
The pres may REMOVE executive officials without cause, unless Congress limits removal for “good cause”
consent
The president may grant pardons for _____ crimes
federal
the president cannot _____ war
declare
the president has _____ powers over foreign affairs
broad
the president may enter treaties with 2/3 Senate approval. The pres may enter into executive agreementsn with the heads of ______
foreign countries
The pres is absolutely immune from civil suits for damages for any _____ as president (but NOT for purely personal or pre-presidential acts)
official acts
If a plaintiff sues under the First, 14th, or 15 Amendment (i.e., for free speech, due process, equal protection, or votign issues,) the Plaintiff must show _____. _____ is present if the state passess a law, if a private actor performs a “ ____” gov function, or if a private action is closely controlled by the state
state action
“traditional and exclusive” (i.e., running company town)
The government may NOT take private property for ____ without ______. A taking can be physical or regulatory. A taking is regulatory if it deprives one of _________
public use
just compensation
ALL ECONOMIC VALUE
An unconstitutional exaction is also a _____-
regulatory taking
private entities performing a public function are state actors ONLY IF the function is one that is an ______ governmental service or one that involves ______ governmental powers such as incarceration
exclusive
inherently
Supplying water does not satisfy either of those
Receipt of a public franchise is not enough to make a company a state actor
the right to procreate (steralization watch out for this in facts) is a fundamental right which must satify
stirct scrutiny
The equal protection principles in the 14A apply to actions of the federal government through the DPC of the ____
5A
The MBE sometimes tests whether congress can enlarge or fuck with the original jurisdiction of daddy SCOTUS… absolutely (yes or no)
NOT
so when can a citizen sue a state in federal court?
- states WAIVE their right to sue
- congress ABROGATES b/c a stae was fuckign around with civil rights
- fed gov sues state in fed court*****
- you can sue a stae official for injunctive relief if they are acting OUTSIDE the scope of their authority by violating federal law in their personal capacity if they hit your car
If a problem says “Congress passed a statute prohibiting the President from removing…”
I want you to literally do this in your seat as you read that:
Uproariously laugh.
Because you know in your heart that Congress cannot fuck with the President’s removal powers. And you know in your heart, at this moment… that you will pass.
