ConLaw5

Question 1

PUBLIC Forum =G’t Pr that G’t MUST MAKE AVAILABLE for speech: … +CA:
[Sidewalk & Park.
CA: publ. area near Ct.house /School in session =disrupt /Available w/ prior permit b/c prevent interf. w/ G’t functions]

Answer 1

SS applies to CONTENT based regul. [=viewpoint /SM]
CA: TPM regul. upheld if:
1) CONTENT NEUTRAL
2) “NARROWLY” TAILORED to serve an IMPORTANT G’t PURPOSE
3) & LEAVES OPEN ALTERN. channels of communication.
(=not least restrictive alternat.)

Question 2

LIMITED PUBLIC Forum is:

[Auditorium /Library]

Answer 2

G’t Pr the G’t COULD CLOSE to speech, but chooses to keep open to speech. SAME RULES as PUBLIC forum.

Question 3

NON-Public Fora: +CA:

[/Ads on city bus /Sidewalk around Post /Jail/Airport: Can prohibit SOLICITATION of $.
CA: distrib. of LITERATURE]

Answer 3

G’t Pr that’s normally CLOSED to the public for speech purposes.
REGULATION must:
1) meet RB & 2) VIEWPOINT NEUTRAL
[i.e., need NOT be SM-neutral
=>Can forbid all political speech on city bus ads.]
CA: PRIVATE Pr: G’t can regulate [mall]

Question 4

Freedom of ASSOCIATION (Fundamental 1st AM right)
If Law prohibits MEMBERSHIP:
Cf. Law requires DISCLOSURE of MEMBERSHIP:

Answer 4

Triggers SS. CA: Uheld if D:
1) is ACTIVELY AFFILIATED w/ illegal group
2) KNOWS of its illegal activities
3) & has SPECIFIC INT. to FURTHER them.
–Law requires DISCLOSURE of MEMBERSHIP:
SS b/c the disclosure would “CHILL” association.

Question 5

Freedom of Religion: The G’t MUST be RELIGION-NEUTRAL,
i.e., G’t can PROHIBIT the FREE EXERCISE of religion
& Cannot RESPECT an ESTABLISHMENT of religion.
FEClause: Religious BELIEFS … +CA:

Answer 5

are ABSOL. PROTECTED, but CONDUCT may be regulated [+sincerity examined].
CA: FEC canNOT be used to CHALLENGE a NEUTRAL Law of GEN. APPLICABILITY that creates only an INCIDENTAL BURDEN on FE rights.
CCA: If law PURPOSELY Targets religion =>SS [instead of BALANCING test (ca. RB).]

Question 6

Freedom of Religion
ESTABLISHMENT Clause: +CA:

[Note: Aiding ALL religions equally can still violate the EC.]

Answer 6

G’t canNOT discriminate AGAINST or AMONG religions. =>SS
CA: Non-Discr. law must meet the LEMON Test:
1) have a SECULAR primary PURPOSE,
2) its EFFECT may neither ADVANCE nor INHIBIT religion,
3) & doesNOT create EXCESSIVE G’T ENTANGLEMENT w/ religion.

Question 7

[
Law forbids a GROUP from DISCRIMINATING: +CA:
]

Answer 7

[ UPHELD, unless the law interferes w/ the GROUP’S EXPRESSIVE (Free Speech /Association) ACTIVITY.
(KKK can exclude blacks.
Scouts vs. gays/lesbians)].

Question 8

[ ESTABLISHMENT Clause:
EXAMPLES]
+$$ to religious school: …

+Religious Displays:

Answer 8

[• G’t SPONSORED religious activities in PUBLIC schools =unC. [SCHOOL PRAYER /moment of SILENCE] CA: G’t aid to relig. primary & secondary school OK iff NOT used for relig. instruction [computer]. TUITION VOUCHERS /Salary support 4 religious schools: =unC. b/c needs surveillance=entangl.
Cf. Even 25% FUNDING to Relig. UNIV. OK!
• NON/Religious student groups have same access to school facilities.
• Religious Displays: whether reas. OBSERVER would believe G’t ENDORSES a relig. MSG. CA: non-religious symbols present, too.]

Question 9

THE FEDERAL EXECUTIVE POWER

Answer 9

“Art. II VESTS all Executive Authority in the President.,” who must FAITHFULLY EXECUTE the laws.

[=>CanNOT reallocate appropriated funds]

Question 10

Prez. TEC AIR PIEp

Answer 10

Treaty power
Executive AGT
Commander-in-Chief
APPOINTMENT / 
REMOVAL POWER 
& IMPEACHMENT
PARDON POWER 
Immunity
EXECUTIVE pRIVILEGE

Question 11

A TREATY is VALID … +CA:
[=Agt b/w US & Foreign country:]
Prez. has Treaty making power under his power to “conduct foreign affairs,” but if CONFLICT …:

Answer 11

…only with 2/3 SENATE RATIF.
CA: Prez can VOID a Treaty w/o consent.
…if CONFLICT w/ a Fed. LAW: LAST IN TIME trumps.
C.=Supreme. Treaty[=FED] wins over STATE law.

Question 12

Executive AGT is …:

[is not in the C.,
but has never been invalidated.]

Answer 12

1) AGT w/ a Foreign Nation.
2) Effective when signed by the Prez. ALONE, i.e. w/o ratification.
3) IF CONFLICT: Exec. AGT [= like Fed. law] trumps ONLY a STATE law.

Question 13

Commander-in-Chief:

[never invalidated; either dismiss as pol.Q or Prez. wins].

Answer 13

Prez. has broad power to DEPLOY TROOPS.

Question 14

Domestic Affairs LIST

Answer 14

APPOINTMENT / REMOVAL POWER & IMPEACHMENT

Question 15

APPOINTMENT power:

Who has it? +CA:

Answer 15

1) Prez(!) Appoints w/ SENATE MAJORITY:
a) Ambassadors b) Fed. Judges c) Officers of the US. [Special Prosecutor]
2) Congress: NEVER APPOINTS even INFERIOR OFFICERS, but can DELEGATE to:
a) PREZ. alone b) Heads of DEPTs. c) LOWER Fed. Cts.

Question 16

REMOVAL POWER +CA:

Answer 16

President may REMOVE: 
Purely EXECUTIVE OFFICIALS. 
[Needs no consent by Senate.]
CA: Prez. needs good cause 2 fire: 
1) Fed. JUDGES 
2) FIXED-term offc.

Question 17

IMPEACHMENT:

Answer 17

1) HoR:
has SOLE POWER to impeach –by MAJority vote.

2) Senate:
TRIAL & REMOVAL, after impeachment –by 2/3 vote.

Question 18

PARDON POWER +CA:

Answer 18

Prez. has EXCLUSIVE power to pardon ONLY FEDERAL crimes.

CA: Cases of IMPEACHMENT.

Question 19

Prez. IMMUNITY:

Answer 19

Prez. has ABSOLUTE IMMUNITY from CIVIL suits for $$ DMG for any actions WHILE in office.

CA: action occurred PRIOR to taking office [Clinton]

[Cf. : Member of Congress:
Speech & Debate clause.]

Question 20

EXECUTIVE pRIVILEGE:

Answer 20

Prez. can keep SECRET presidential PAPERS & conversations. ABSOLUTE Privilege w.r.t. Defense & Foreign policy matters.
CA:
DISCLOSURE can be required if more IMPORTANT G’T INTEREST exists.
[Watergate = ev. needed for a criminal case].