ConLaw

Question 1

Spending power conditions

Answer 1

Congress conditions on spending valid if they
- are clearly stated
- relate to the purpose of the program
- are not unduly coercive
- do not otherwise violate the Constitution

Question 2

Article IV Privileges and Immunities

Answer 2

Prohibits discrimination of states against nonresidents if it concerns important commercial activities or fundamental rights.
Will be invalid unless the law is necessary to achieve an important government purpose and there are no less restrictive means available.

Question 3

14th Amendment Privileges and Immunities

Answer 3

States may not deny their citizens the privileges and immunities of national citizenship.

Question 4

DCC

Answer 4

State government cannot discriminate against or unduly burden interstate commerce.
May be valid if necessary to achieve an important, noneconomic state interest and there are no reasonable alternative available.

***exception for Congressional approval or market participant

Question 5

Rational Basis

Answer 5

Law must be rationally related to a legitimate government purpose.
Person challenging has burden

Question 6

Intermediate Scrutiny

Answer 6

Law must be substantially related to an important government interest.

Question 7

Strict Scrutiny

Answer 7

Law must be necessary to achieve a compelling government purpose.
Government has burden

Question 8

Substantive Due Process

Answer 8

5th Amendment - federal
14th Amendment - states
Fundamental rights include: 1st Amendment rights, right to interstate travel, privacy-related rights, voting
***Deeply rooted in the nation’s history and tradition and essential to the concept of ordered liberty

Question 9

One Person One Vote

Answer 9

State and local = must be substantially equal populations
Congressional = almost mathematical equality

Question 10

EP Clause

Answer 10

14th Amendment = states
5th Amendment = federal
Intent can be shown through:
- discriminatory on its face
- discriminatory application or
- disparate impact

Question 11

Contract impairment

Answer 11

Law is invalid unless it serves an important and legitimate public interest and is a reasonable and narrowly tailored means of promoting that interest

Question 12

Incitement

Answer 12

speech that is intended to produce imminent lawless action and is likely to produce such action

Question 13

Fighting words

Answer 13

speech likely to incite immediate physical retaliation

Question 14

True threats

Answer 14

speech intended to convey to someone a serious threat of bodily harm

Question 15

Obscenity

Answer 15

Sexual speech that
- appeals to the prurient interest in sex, using a contemporary community standard
- is patently offensive under contemporary community standards and
- lacks serious value using a national, reasonable person standard

Question 16

Actual malice for defamation

Answer 16

Show by clear and convincing evidence that the statement was made with knowledge that it was false or reckless disregard as to its truth or falsity

Question 17

Regulations on commercial speech

Answer 17

Will be upheld only if it
- serves a substantial government interest
- directly advances that interest and
- is narrowly tailored to serve that interest

Question 18

Content based regulations

Answer 18

Subject to strict scrutiny

Question 19

Content neutral regulations

Answer 19

Both subject-matter and viewpoint neutral are subject to intermediate scrutiny
Often time, place, and manner regulations

Question 20

Public forums and designated public forums

Answer 20

Public property that has historically been open to speech or has not been historically open to speech, but which the government opens for on a permanent or limited basis
Content based = strict scrutiny
Content neutral = intermediate scrutiny

Question 21

Limited public forums and nonpublic forums

Answer 21

Not historically open to speech but has been opened for a specific activity or not held open at all
Regulations valid IF:
- viewpoint neutral and reasonably related to a legitimate government purpose (rational basis)

Question 22

Government employee - Unprotected employee speech

Answer 22

Private concern = speech was disruptive of work environment
Made on the job and pursuant to official duties - even if public concern

Question 23

Government employee - Protected employee speech

Answer 23

Public concern = not made pursuant to official duties
Private concern outside of office = no detrimental effect on the workplace

Question 24

Free Exercise Clause

Answer 24

prohibits governments from punishing someone on the basis of their religious belief or related religious status or conduct