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Barbri Review > ConLaw Deck > Flashcards

ConLaw Deck Flashcards

1
Q

The Supreme Court has original jurisdiction in all cases affecting (i) _____________, and to all cases in which a (ii) ________ is a party, but Congress has given (iii) _______ jurisdiction to lower federal courts in all cases except those between (iv) ________.

A

(i) ambassadors; (ii) state; (iii) concurrent; (iv) states

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2
Q

The Supreme Court has complete (i) ________ to hear cases that come to it by (ii) _______. These cases include any case from state courts where the (iii) ______ of a federal statute, treaty, or state statute is in issue, or where a state violates (iv) _______ law. The Supreme Court may hear all cases from the federal courts of (v) ______ by certiorari.

A

(i) discretion; (ii) certiorari; (iii) constitutionality; (iv) federal; (v) appeals

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3
Q

Whether a case is (i) _______ depend on whether there is a (ii) case or _________.

A

(i) justiciable; (ii) controversy

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4
Q

The Federal Courts cannot issue (i) _____ opinions; there must be a (ii) ______ harm or threat of a specific future harm.

A

(i) advisory; (ii) present

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5
Q

If a case has been resolved, it will be dismissed as (i) _____, except if it is a case capable of (ii) __________ evading review.

A

(i) moot; (ii) repetition

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6
Q

To establish standing, a party must have (i) ______ in _____ (concrete and particularized), must show (ii) ________ and (iii) ________.

A

(i) injury in fact; (ii) causation; (iii) redressability

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7
Q

Congress cannot bypass the (i) ________ requirement, though it may create new interests in legislation

A

(i) standing

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8
Q

A plaintiff may have standing to enforce a federal statute if he is in the (i) _____ of ______

A

(i) zone of interest

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9
Q

While a taxpayer generally cannot demonstrate standing to attack tax collections or expenditures, a citizen may rely on the first amendment and taxation to establish grounds for an (i) __________ case.

A

(i) establishment

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10
Q

The Supreme Court will not exercise jurisdiction if state court judgment is based on (i) __________ and ______ state law grounds.

A

(i) adequate and independent

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11
Q

Political questions will not be decided. These are issues that are (1) _______ committed to another branch of government or (2) ___________ ______ of judicial resolution

A

(1) constitutionally; (2) inherently incapable

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12
Q

The Eleventh Amendment prohibits (i) _____ courts from hearing a private party’s or foreign government’s claims against a (ii) ______ government. This includes cases where the state is a (iii) _______ or where the sate will have to pay (iv) ___________. Similarly, the doctrine of sovereign immunity bars suits against a state government in state court, unless the court has (v) ______ its immunity.

A

(i) federal; (ii) state; (iii) party; (iv) damages; (v) immunity

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13
Q

While states cannot be sued in federal court, there are two exceptions for a state officer, who can be sued to (i) ________ future action in violation of the Constitution or federal law or (ii) damages against the officer _______.

A

(i) enjoin; (ii) personally

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14
Q

Congress has the enumerated powers in the Constitution plus all (i) _______ and ______ powers vested in the federal government. That said, Congress needs an additional authority to create a law.

A

(i) necessary and proper

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15
Q

Congress has the power to tax, and most taxes will be upheld if they bear some (i) _______ relation to (ii) ______ production, or if Congress has the power to (iii) _______ the activity taxed.

A

(i) reasonable; (ii) revenue; (iii) regulate

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16
Q

Congress can spend to provide for the (i) ______ ______ and (ii) ______ ______.

A

(i) common defense; (ii) general welfare

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17
Q

Congress has the power to regulate (i) ______ and (ii) _______ Commerce. To be within the Commerce Clause, a federal law related to interstate commerce must either: (iii) regulate the _________ of commerce, (iv) regulate the _______ of commerce, or (v) regulate activities that have a _______ ______ on interstate commerce.

A

(i) foreign; (ii) interstate; (iii) channels; (iv) instruments; (v) substantial effect

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18
Q

Under interstate activity, the Court will uphold regulation of economic or commercial activity if there is a (i) _____ _____ on which Congress could conclude that the activity substantially affects interstate commerce. But if the regulated activity is noncommercial and non-economic, Congress must show a substantial (ii) _____ effect.

A

(i) rational basis; (ii) economic

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19
Q

Congressional (i) ______ must be expressly or impliedly authorized by the appropriate congressional house.

A

(i) investigation

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20
Q

Under the (i) ______ power / clause, Congress has the power to dispose of and make rules for (ii) _______ and other properties of the (iii) _______ _______.

A

(i) property; (ii) territories; (iii) United States

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21
Q

While the US Government has not federal police Power, Congress has police power of the _______ of _____.

A

District of Columbia

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22
Q

Congress’s (i) _____ power is nonexclusive, and states may legislate bankruptcy law so long as it is not in conflict with federal law.

A

(i) bankruptcy

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23
Q

Congress’s (i) ______ power is exclusive, and Congress cannot deprive any citizen of mail privilege.

A

(i) postal

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24
Q

Aliens have no right to enter the US and can be summarily refused entry based on their (i) ______ beliefs. However, (ii) ______ aliens are entitled to (iii) _____ and ______ before deportation.

A

(i) political; (ii) resident; (iii) notice and hearing

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25
Q

Congress may (i) _____ power to the executive or judicial branch so long as an (ii) _________ standard is set and the power is not uniquely Congressional (e.g., to declare war, impeach)

A

(i) delegate; (ii) intelligible

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26
Q

Attempts to create laws that bypass bicameralism are (i) _______

A

invalid

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27
Q

The President appoints ambassadors, justices, and other officers with the (i) ______ and ______ of the Senate. Congress itself (ii) ____ _____ appoint members of a body with administrative or enforcement powers.

A

(i) advice and consent; (ii) may not

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28
Q

A veto-override is (i) ____-______ majority.

A

Two-thirds

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29
Q

If the President fails to exercise a veto in 10 days, and Congress is in session, the act becomes (i) ______; if Congress is out of session, the act is (ii) ______.

A

(i) law; (ii) vetoed

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30
Q

If the President acts where Congress is silent, his action will be upheld unless it (i) _____ the power of another government branch

A

(i) usurps

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31
Q

The President has no power to (i) _____ to spend appropriate funds when Congress has expressly mandated that they be spent

A

(i) refuse

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32
Q

A (i) _______ requires 2/3 Senate approval, and is the (ii) ______ law of the land, if it is self-executing. A conflict between a Congressional Act and a Treaty is resolved by order of adoption: the (iii) _____ in time prevails.

A

(i) treaty; (ii) supreme; (iii) last

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33
Q

Executive Agreements can be used in the absence of treaties. They do not require the consent of the Senate. If a (i) ______ law conflicts with an executive agreement, the agreement prevails. If a (ii) ______ law conflicts with an executive agreement, the federal law prevails.

A

(i) state; (ii) federal

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34
Q

The President has (i) ______ ______ from civil damages based on any action he took within his official responsibilities.

A

(i) absolute immunity

35
Q

The President lacks immunity from (i) _______ court criminal subpoenas

A

(i) state

36
Q

A federal law may (i) ______ provide that states may not adopt laws concerning the subject matter. (ii) _______ preemption applies with state and federal laws (iii) ______, where the state prevents the (iv) _____ of a federal objective, or where there is (v) ______ preemption. In general, there is a presumption against finding preemption for state police powers, unless there is a clear and (vi) ______ purpose of Congress

A

(i) expressly; (ii) implied; (iii) conflict; (iv) achievement; (v) field; (vi) manifest

37
Q

Congressional consent is required for (i) _____ _____ clauses, if the agreements increase state power at the expense of federal power.

A

(i) interstate compact clauses

38
Q

While the US can sue a state without its consent, a state cannot sue the (i) ____ without its consent

A

(i) US

39
Q

A law that taxes only state or local governments is likely invalid under the (i) _____ amendment

A

(i) tenth

40
Q

Limits on congressional grants must be (i) ____ stated, (ii) ______ to the purpose of the program, and (iii) not ______ ______.

A

(i) clearly; (ii) related; (iii) not unduly coercive

41
Q

Congress may not require state officials to (i) ______ federal laws (no commandeering)

A

(i) enforce

42
Q

The Article IV privileges and immunities clause prohibits state discrimination against (i) ____-______ on the subjects of fundamental rights (commercial activity, civil liberties). It still may be ok if the state can show (ii) ______ justification, and that three are no less (iii) _____ means to achieve the policy.

A

(i) non-residents; (ii) substantial; (iii) restrictive

43
Q

The Fourteenth Amendment prohibits states from denying their citizens the privileges and immunities of (i) ______ citizenship, including the right to vote and the right to travel.

A

(i) national

44
Q

When congress regulates commerce, state and local law are likely (i) _______ (unless Congress notes otherwise).

A

(i) preempted

45
Q

Congress may expressly grant states the right to create regulations that would otherwise violate the (i) ______ clause.

A

Commerce

46
Q

A state cannot regulate commerce that is (i) __________ against, or (i) _______ burdens, interstate commerce

A

(i) discriminatory; (ii) unduly

47
Q

Under the ________- Amendment’s Enabling Clause, Congress can prohibit racially discriminatory action by anyone (the government or private citizen).

A

Thirteenth

48
Q

Congress may prohibits racial discrimination in activities that have a (i) _______ effect on interstate commerce

A

(i) effect

49
Q

In general, to allege a constitutional violation, a plaintiff must show (i) _____ action. This can extend to situations where private organizations (ii) ______ as the government and where the government is (iii) _____ involved.

A

(i) state; (ii) function: 9iii) substantially

50
Q

The Contracts Clause limits the ability of (i) ______ to pass laws that retroactively impact contracts. If the legislation impairs private contracts, the courts apply (ii) ______ scrutiny, meaning that the legislation must serve an (iii) ______ state interest and be (iv) _________ tailored to promote the interest. Legislation that impairs a contract to which the state is a party is tested on (v) _____ scrutiny, especially if the legislation reduces the burden on the state.

A

(i) states; (ii) intermediate; (iii) important; (iv) narrowly; (v) strict

51
Q

The state or federal government may not pass an (i) __ ____ law that alters criminal offenses.

A

(i) ex posto

52
Q

Bills of Attainder are legislative acts that inflict (i) _______ on (ii) _______ without a (iii) ______.

A

(i) punishment; (ii) individuals; (iii) trial

53
Q

Procedural due process refers to an individual’s (i) ______, (ii) ___________ (including the right to work and contract), and (iii) ______ (including welfare entitlements).

A

(i) life; (ii) liberty; (iii) property

54
Q

Procedural due process always requires fair (i) _____ and an (ii) _____ decision maker. (iii) _______ and the chance to (iv) ________ are usually required. Thereafter, the government will balance the process against the important of the interest to the individual, the value of procedural safeguards, and the government interest in efficiency.

A

(i) process; (ii) unbiased; (iii) notice; (iv) respond

55
Q

For (i) _________ rights (e.g, marriage license), the government must (ii) ____ fees for indigent citizens.

A

(i) fundamental; (ii) waive

56
Q

The Fifth Amendment provides that (i) ______ property may not be taken for (ii) _____ use without (iii) _____ compensation. The use must be (iv) ______ related to a (v) _________ public purpose (including economic development).

A

(i) private; (ii) public; (iii) just; (iv) rationally; (v) legitimate

57
Q

A “taking” is liekly to be found (more than mere regulation) if there is an (i) ______ or _______ appropriation of property, or if the regulation denies all (ii) ____ value to the land. However, emergency or temporary takings are not takings.

A

(i) actual or physical; (ii) economic

58
Q

For strict scrutiny, the burden is on the (i) ________. It relates to regulations on (ii) _______ rights (interstate travel, privacy, voting, and First Amendment rights) and to laws relating to (iii) ______ classes (race, national origin, and alienage). The government must show the law is (iv) ______ to achieve a (v) _______ government purpose, and will be invalidated if there is a (vi) less ________ alternative to achieve the goal.

A

(i) government; (ii) fundamental; (iii) suspect; (iv) necessary; (v) compelling; (vi) burdensome

59
Q

For intermediate scrutiny, the burden is on the (i) _____ . (ii) _____-_________ classifications (gender and legitimacy) are reviewed under this standard. The law will be upheld if it is (iii) ____________ related to an (iv) _________ government interest.

A

(i) government; (ii) quasi-suspect; (iii) substantially; (iv) important

60
Q

For rational basis, the burden is on the (i) _______. This is most laws, and includes classes like age, disability, economic condition. The law will be upheld unless the challenger can show it is not (i) _______ related to a (ii) _________ government interest. Must show it is arbitrary and capricious.

A

(i) rationally; (ii) legitimate

61
Q

The Due Process Clause of the Fifth Amendment applies to the (i) _______ government; the Due Process Clause of the Fourteenth Amendment applies to the (ii) ____ and local governments.

A

(i) Federal; (ii) State

62
Q

When a (i) ______ right is limited and challenged under due process, the court will apply the (ii) ________ scrutiny standard. All other cases will use (iii) _____ basis.

A

(i) fundamental; (ii) strict; (iii) rational

63
Q

If a regulation affects a specific class of people, it should be evaluated under the (i) __________ protection regime of the (ii) ________ amendment. Consider non-suspect, (iii) _____-suspect, and (iv) ________ class methods of analysis. If, instead, the regulation affects everyone, it should be examined as a (v) _____ ____ violation. If it’s a (vi) ________ right, use (vii) _____ scrutiny. If it’s not a fundamental right, use (viii) _____ ______.

A

(i) equal; (ii) fourteenth; (iii) quasi; (iv) suspect; (v) due process; (vi) fundamental; (vii) strict; (viii) rational basis

64
Q

Discriminatory intent (for equal protection violations) can be shown by a (i) ______ discriminatory law, a law that is (ii) _________ in application but facially neutral, or a law that has a discriminatory (iii) ________. A facially neutral law cannot merely have a discriminatory effect – there must be motive or discriminatory application.

A

(i) facially; (ii) discriminatory; (iii) motive

65
Q

The government has a (i) _______ state interest in remedying past (ii) ___________ against a racial or ethnic minority, where the past discrimination was (iii) _______ and identifiable.

A

(i) compelling; (ii) discrimination; (iii) persistent

66
Q

A state may discriminate against alien participation in state government and the (i) _____-______ process. This includes voting, jury service, serving in elected officer, being a police officer, and a secondary schoolteacher.

A

(i) self-government

67
Q

The right to privacy includes the right to (i) _____, (ii) ________, (iii) ________, and (iv) child-______.

A

(i) marriage; (ii) procreation; (iii) contraception; (iv) child-rearing

68
Q

Abortion: before viability, a state may adopt a regulation protecting the mother’s health and the life of the fetus if the regulation does not place an (i) ____ ______ or substantial obstacle on access to abortion. Post-viability, the state cannot prohibit abortion if it is necessary to protect the women’s (ii) ______.

A

(i) undue burden; (ii) health

69
Q

The right to privacy includes the right to (i) _______, but not the right to sell, purchase, or distribute pornography.

A

(i) pornography

70
Q

There is no privacy right that prohibits the state from gathering citizen (i) ______

A

(i) data

71
Q

States must use almost (i) _______ mathematical equality to design congressional districts (though not required of the census allocation). For state districts, the variance in population must not be unjustifiably large (>16%).

A

(i) exact

72
Q

An individual has a fundamental right to (i) ______ from state to state and to be treated equally after moving into a new state. Short residency requirements (30 days) may be ok, but generally a 1-year residency requirement will not work.

A

(i) migrate

73
Q

The first amendment restricts government regulation of (i) _______ speech.

A

private

74
Q

The government cannot (i) __________ first amendment activities of fund recipients through conditional grants

A

(i) limit

75
Q

A government’s placement of a (i) ________ in a public park is government speech, and thus is not subject to the free speech clause scrutinty

A

monument

76
Q

When the government chooses to fund private organizations, it must be viewpoint neutral, except when it chooses which (i) ______ to fund

A

(i) artists

77
Q

It is presumptively unconstitutional to place burdens on speech (i) ______. This is subject to intermediate scrutiny

A

content

78
Q

Limits on the (i) ______ of free speech can be regulated by content-neutral (ii) _____, place, and manner restrictions.

A

(i) conduct; (ii) time

79
Q

(i) __________ regulation of free speech is usually invalid (e.g., banning all public speech at the airport)

A

(i) overbroad

80
Q

If a criminal law or regulation fails to give persons reasonable (i) ______ of what is prohibited, it may violate Due Process, and be (ii) _____ for _______.

A

(i) notice; (ii) void for vagueness

81
Q

Rules that give officials (i) _______ over deciding which speech to allow are generally invalid.

A

(i) discretion

82
Q

Government regulation of speech in public forums and designated public forums will be held to (i) _____ scrutiny, unless the time, place, and manner limitations are (ii) ______ neutral and (iii) ______ tailored to serve an important government interest (but need not be the most restrictive means), and leave open (iv) ________ channels of communication.

A

(i) strict; (ii) content; (iii) narrowly; (iv) alternative

83
Q

Obscene speech is not protected. Obscene speech describes or depicts sexual conduct that as a whole, by the average person, (i) _______ to the prurient interest (using a community standard), (ii) is _______ offensive, and (community standard) (iii) lacks ________ value (literary, artistic, political, scientific) (national standard)

A

(i) appeals; (ii) patently; (iii) serious

84
Q

Government action under the establishment clause will be invalid unless it has a (i) _______ purpose, has a primary effect that neither advances nor inhibits (ii) _____, and does not produce (iii) excessive government ________ with religion.

A

(i) secular; (ii) religion; (iii) entanglement

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