Con Law Stories Flashcards
What principle is illustrated by Judge Judy trying to remove the President?
Separation of Powers
Each branch of government (Executive, Legislative, Judicial) has its own powers and cannot invade the others’ turf.
What does the Dormant Commerce Clause prevent states from doing?
Passing laws that burden interstate commerce unless necessary for health & safety
Example: Texas banning Tofu trucks from entering the state.
What is the standard of review for laws that target speech based on content?
Strict Scrutiny
The law must be necessary and compelling.
What test is applied to determine if a law violates the Establishment Clause?
Lemon Test
A law is unconstitutional if it has no secular purpose, advances or inhibits religion, or excessively entangles government and religion.
What are the categories of rights under the Due Process Clause?
Fundamental Rights and Non-Fundamental Rights
Fundamental Rights (Strict Scrutiny): Speech, marriage, privacy, travel, voting. Non-Fundamental Rights (Rational Basis): Economic regulations.
What classification does height fall under in equal protection cases?
Rational Basis
Height is not a suspect classification; thus, it does not receive strict scrutiny.
What must the government provide when taking property under the Takings Clause?
Just Compensation
Fair market value must be paid if property is taken for public use.
What limits the President’s powers according to the Youngstown Steel Case?
The President cannot act without Congress’s approval
The President has the most power when acting with Congress and the least when acting against it.
What does the Privileges and Immunities Clause protect against?
Discrimination against out-of-state citizens
States cannot treat non-residents unfairly in fundamental activities.
What does the 2nd Amendment protect?
The individual right to own firearms
This includes reasonable restrictions on ownership.
Fill in the blank: The rule illustrated by the Naked Protester story involves _______.
Content-Based Restrictions
Laws targeting speech based on content must pass strict scrutiny.
True or False: States can discriminate against out-of-state businesses under any circumstances.
False
States cannot pass laws that burden interstate commerce without justification.
What fundamental rights receive strict scrutiny?
Speech, marriage, privacy, travel, voting
These rights are considered essential to the order and liberty of individuals.
What is the outcome of the Church of Bacon’s demand for tax-exempt status?
It is denied based on the Lemon Test
The court must determine if the entity meets the criteria of a legitimate religion.
