Con LAW MCQ Rules II Flashcards
What is the “one person, one vote” principle?
The Fourteenth Amendment equal protection clause “one person, one vote” principle requires the populations in state legislative districts to be approximately equal. A deviation of 10% or less between the populations of legislative districts is minor and does not violate the equal protection clause absent evidence of discrimination.
When is a student at a public school entitled to due process rights after dismissal?
Due process requires public colleges and universities to provide notice and a meaningful opportunity to be heard before dismissing a student for disciplinary reasons (e.g. misconduct). However, due process does not require a public college or university to provide a meaningful opportunity to be heard when a student is dismissed for academic reasons (failure to obtain a passing grade).
What is the property clause in Article IV?
The property clause of Article IV gives Congress the power to dispose of and regulate federally owned lands. But this clause does not give Congress the power to acquire those lands.
What is a prior restraint case?
A prior restraint is a regulation of speech that occurs in advance of its expression (e.g., publication or utterance). In prior restraint cases, the burden is on the government to prove that the material to be censored is not protected speech.
What are the requirements for a state to tax foreign commerce?
. A state tax imposed on interstate commerce must satisfy the Complete Auto test. Under this test, (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. In addition to meeting the same requirements as a tax on interstate commerce, a 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
What are Congress’s war and defense power?
Article I, Section 8 grants Congress broad war and defense powers to provide for national defense—e.g., by imposing wage, price, and rent controls on the private civilian economy.
