Constitution Flashcards

Question

takings clause against builders

Answer 1

Takings Clause if there is an essential NEXUS between legitimate state interests and the conditions imposed on the property owner, and a rough PROPORTIONALITY between the burden imposed by the conditions on property owner and the impact of the proposed development.

Answer 2

gender; “legitimate” and “illegitimate” children; unconstitutional unless they can withstand INTERMEDIATE scrutiny.

Answer 3

age; poverty; (sexual orientation); RATIONAL basis

Answer 4

One Person, One Vote; | Gerrymandering;

Answer 5

1) Test: LEAST RESTRICTIVE means to achieve a compelling governmental interest. 2) Burden of proof: burden is on the government to prove that the law is necessary. 3) Applicability: -- fundamental right travel voting privacy (marriage) 2A (possess firearm) ``` -- suspect classification is involved. race, ethnicity, national origin, state law --> alienage. ```

Answer 6

1) Test: SUBSTANTIALLY RELATED to an important governmental interest. 2) Burden of proof: generally on the government 3) Applicability: - - gender or - - nonmarital child (legitimacy). Note that in gender cases there must be an “exceedingly persuasive justification” for the classification, which may bring the standard in such cases closer to strict scrutiny.

Answer 7

1) Test: rationally related to a legitimate governmental interest. 2) Burden of proof: Laws are presumed valid; burden is on the challenger to establishing that the law is arbitrary or irrational. 3) Applicability - - age, wealth, weight, or most other classifications, as well as to any distinctions drawn for business or economic reasons.

Answer 8

While the General Welfare Clause gives Congress broad power in exercising its spending and taxing powers, it does not give Congress the specific power to legislate for the public welfare in general. Such “police power” is reserved for the states.

Answer 9

Makes states immune from suits from out-of-state citizens and foreigners not living within the state borders; lays the foundation for state sovereign immunity. e.g. Congress cannot take this right away (abrogate)

Answer 10

States may tax interstate commerce if Congress has not already acted in the particular area and if the tax does not discriminate against or unduly burden interstate commerce. The Supreme Court applies a four-part test to determine whether a state tax comports with the Commerce Clause: (1) there must be a substantial nexus between the activity taxed and the taxing state (here, that requirement is satisfied as the taxing state is both supplying the electricity and paying for clean-up), (2) the tax must be fairly apportioned according to a rational formula (here, tax is calculated by usage), (3) the tax may not provide a direct commercial advantage to local businesses over interstate competitors (nothing in the fact pattern indicates that this factor is present), and (4) there must be a fair relationship between the tax and the service provided (here, the tax is calculated in direct proportion to usage and is used for clean-up efforts related to production of electricity).

Answer 11

The Privileges and Immunities Clause (U.S. Constitution, Article IV, Section 2, Clause 1, also known as the Comity Clause) prevents a state from treating citizens of other states in a discriminatory manner. Additionally, a right of interstate travel may be plausibly inferred from the clause. e.g. persons only, N/A to entities such as companies.

Answer 12

A taxpayer generally does not have standing to file a federal lawsuit simply because the taxpayer believes the government has allocated funds in an improper way. LIMITED exception for a taxpayer suit challenging a specific LEGISLATIVE appropriation made under the taxing and spending powers for violation of the Establishment Clause.

Answer 13

state regulation that is not discriminatory may still be struck down as unconstitutional if it imposes an undue burden on interstate commerce

Answer 14

The Equal Protection Clause of the Fourteenth Amendment provides that “no state shall…deny to any person within its jurisdiction the equal protection of the laws.” The Equal Protection Clause is generally the constitutional safeguard that a citizen or group of citizens will use to challenge a law that is based on some kind of classification. Here, the city is classifying persons as either state citizens or out-of-state citizens, and providing the latter group with a benefit by relieving them from paying the city’s sales tax.

Answer 15

Classifications on the basis of status as a nonmarital child are subject to INTERMEDIATE scrutiny—they must be SUBSTANTIALLY RELATED to an important governmental interest.

Answer 16

Nonresident citizens are protected against discrimination with respect to fundamental rights or essential activities, including the pursuit of employment, transfer of property, access to state courts, and engaging in the political process. Discrimination against out-of-state residents in setting the fee for a commercial activity, such as the oyster-fishing license here, violates the PRIVILEGES and IMMUNITIES Clause of Article IV, but similar discrimination for a recreational activity, such as a recreational hunting license, does not, if there is a rational basis for the fee differential. Here, the state is discriminating against the out-of-state oyster fisherman by setting a much higher fee for a commercial activity. Note that this would also likely violate the DORMANT COMMERCE Clause

Answer 17

rule is a "content-based regulation" of speech because it prohibits the graphic display of violence. As such, the STRICT SCRUTINY standard of review applies. The rule must be NECESSARY TO ACHIEVE a compelling governmental interest.

Answer 18

The Eleventh Amendment prohibits an action in federal court by a citizen of one state against another state when the basis for the action is the violation of state law.. 11A restricts the ability of individuals to bring suit against states in federal court.

Answer 19

Congress may not tax goods exported to foreign countries. Under the Export Taxation Clause, a tax or duty that falls on goods during the course of exportation or on services or activities closely related to the export process is prohibited. Congress has the power to regulate international commerce. A tariff (import) is a valid exercise of this power

Answer 20

National Guard units are under the DUAL control of the federal and state governments. Under the Militia Clauses (Art. I, Sec. 8, Cl. 15, 16), Congress has the power to authorize the President to call National Guard units to execute federal laws, suppress insurrections, and repel invasions. This constitutional authority extends to use of National Guard units in domestic situations and non-emergency circumstances, and is NOT subject the approval or veto of the governor of a state.

Answer 21

Congress has the general police and regulatory powers over the District of Columbia that a state enjoys over persons and things within its boundaries. Among those powers is the power to tax or not to tax income earned within its boundaries.

Answer 22

A judge is absolutely immune from civil liability for judicial acts, including grave procedural errors. The judge is not immune, however, to lawsuits regarding non-judicial activities

Answer 23

A public employee who may be discharged only for cause has a property interest in her job and therefore is entitled to notice of termination and a PRE-TERMINATION opportunity to respond. A formal hearing is not required, as long as there is pre-termination notice, an opportunity to respond to the decision maker, and a post-termination evidentiary hearing.

Answer 24

As permitted by Section 2 of the Fourteenth Amendment, a state may prohibit a felon from voting, even one who has unconditionally been released from prison.

Answer 25

Related persons, including extended family members, have a fundamental right to live together in a single household. Therefore, the strict scrutiny test applies to the statute. Under this test, the law must be the least restrictive means to achieve a compelling governmental interest.

Answer 26

While most state actions that discriminate against the poor are subject only to rational basis scrutiny, the availability of appeal in a criminal case cannot hinge on ability to pay a filing fee. To deny an indigent the right to appeal through the imposition of a fee violates the Due Process and Equal Protection Clauses of the Fourteenth Amendment.

Answer 27

it is non punitive, usually okay

Answer 28

not valid. there are less restrictive means to secure identity of witnesses. Note that gag orders are almost always struck down because they are rarely the least restrictive means of protecting the defendant’s right to a fair trial.

Answer 29

not unless student lacked the specific intent to further the organization's illegal objectives; this intent is necessary in order to punish her based upon her association with the group. The First Amendment's freedom of association protects the right to form or participate in any group, club, or other organization virtually without restriction, but the right is not absolute.

Answer 30

Congress has the power under the spending power to spend for the general welfare and may impose conditions on the receipt of an appropriation by a state, such conditions must be set out UNambiguously to be enforceable.

Answer 31

The Property Clause of Article IV, Section 3 states, “The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States.” This power includes not only the power to dispose of property owned by the United States and to make incidental rules regarding its use, but also the power to protect the property. Although a state generally has the same right as any property owner to construct a fence on its property, this right must give way to federal regulation. Here, Congress has the power to protect federal land FROM A NUISANCE erected on adjoining property, and this power likely extends to property that is owned by the state.

Answer 32

The protection of national citizenship in Clause I of the Fourteenth Amendment PREVENTS Congress from taking away a person’s citizenship without her consent, unless that citizenship was obtained by fraud or in bad faith. e.g. passport not renewed because of voting in another country.

Answer 33

The Elections Clause EXPLICITLY empowers Congress to override state laws concerning federal elections.

Answer 34

The federal government and its instrumentalities (such as a national bank chartered by the federal government) are immune from taxation by the states. McCulloch v. Maryland, 17 U.S. 316 (1819). States may, however, impose generally applicable indirect taxes so long as they do not unreasonably burden the federal government (e.g., state income taxes on federal employees). Note that imposing state sales tax on purchases made by the federal government is often unreasonably burdensome and, therefore, unconstitutional.

Answer 35

Because Congress has exclusive authority over interstate commerce, it may explicitly permit states to act in ways that would otherwise violate the Dormant Commerce Clause. In this case, Congress, by statute, permitted states to enact any law, including a tax law, regarding the financial services industry that is consistent with applicable federal statutes.

Answer 36

Twenty-First Amendment, in addition to repealing prohibition, specifically gives states the authority to prohibit the transportation or importation of alcoholic beverages into the state for delivery or use within the state.

Answer 37

The Supremacy Clause of Article VI provides that the “Constitution, and the laws of the United States” are the “supreme law of the land.” Any state constitutional provision or law that directly or indirectly conflicts with a federal law, including federal regulations, is void under this clause e.g. coinage

Answer 38

Generally, the government is required to provide the owner of REAL PROPERTY with notice and a hearing prior to seizure of the property pursuant to a forfeiture statute. However, the government does NOT need to provide notice prior to the seizure of PERSONAL PROPERTY. Here, the city provided no notice or hearing for either the home or the vehicle. The city was required only to provide notice and a hearing for the seizure of the home

Answer 39

There is no fundamental right to have one’s name on an election ballot or to hold office through election or appointment. A state may ban all write-in candidates in both primary and general elections, as long as the state provides other reasonable means by which a candidate can get on the ballot.

Answer 40

While parents do enjoy a fundamental right to make decisions regarding the care, custody, and control of one’s children, including the right to privately educate one’s child outside the public school system, that right is subject to reasonable educational standards imposed by the state. Consequently, the court must strike down any requirements that the court finds impose unreasonable educational requirements on the homeschooling of children.

Answer 41

A disparity among school districts in the state funding of public education that constitutes discrimination on the BASIS OF WEALTH is subject to the rational basis standard because wealth is neither a suspect nor a quasi-suspect class. In addition, while education is of major significance to both the individual and society, there is no fundamental constitutional right to education. Consequently, the allocation formula is subject to the RATIONAL BASIS standard.

Answer 42

One way in which a taking may occur is through the destruction of property or the elimination of a property right. Here, while the supplier continued to possess a valid lien on the plane, the lien was worthless because the supplier could not enforce it against the U.S. Forest Service due to sovereign immunity. Because this action effectively destroyed the value of the supplier’s property lien, it constitutes a taking. e.g. A manufacturer entered into a contract with the United States Forest Service, an agency of the federal government, to construct a special plane to be used by the Forest Service in fighting forest fires. During the construction of the plane, as the Forest Service made progress payments to the manufacturer, the supplier of materials obtained, under state law, a valid lien upon the plane for the cost of these materials. Shortly before construction was completed, the manufacturer ceased operation and the Forest Service, as permitted by the terms of the contract, took title to the plane. The supplier’s otherwise valid lien is now unenforceable against the Forest Service because of the doctrine of sovereign immunity. Has there been an unconstitutional taking of the supplier’s property? -Yes, because the Forest Service’s action effectively eliminated the supplier’s lien on the plane.

Answer 43

Congress has restricted the U.S. Supreme Court’s appellate review to a final judgment rendered by the highest court of a state in which a decision could be had. Since the defendant elected to forego an appeal of his conviction to a state appellate court, the U.S. Supreme Court cannot hear this appeal.

Answer 44

To have standing, a plaintiff bears the burden of establishing three elements—(i) injury in fact, (ii) causation, and (iii) redressability.

Answer 45

An assignee of a claim has standing to enforce the rights of an assignor, even when the assignee is contractually obligated to return any litigation proceeds to the assignor (e.g., an assignee for collection), provided the assignment was made for ordinary business purposes and in good faith.

Answer 46

Article I, Section 8 of the Constitution GIVES Congress the power to levy and collect taxes. A tax by Congress will generally be UPHELD if it has a REASONABLE relationship to revenue production, or if Congress has the power to regulate the activity being taxed.

Answer 47

Congress has the power to spend for the “general welfare”—i.e., ANY public purpose—not just to pursue its other enumerated powers. The public purpose need not be a national purpose, but may instead concern only a particular LOCALE.

Answer 48

Article I, Section 2 provides that “[r]epresentatives and direct taxes shall be apportioned among the several states,” and Article I, Section 9 provides that “no…direct tax shall be laid, unless in proportion to the Census….” A direct tax (one imposed directly on property or persons, such as an ad valorem property tax) would therefore have to be apportioned evenly among the states. The difficulty of ensuring this outcome explains Congress’s reluctance to enact such taxes—or perhaps the Supreme Court’s reluctance to find that federal taxes are “direct.” The Sixteenth Amendment gave Congress the power to lay and collect income tax without apportionment among the states.

Answer 49

Under the Suspension Clause of Article I, Section 9, Clause 2, a detainee retains the privilege to file a habeas corpus petition unless this privilege is suspended. This clause applies to individuals detained in a territory over which the United States has sovereign control, even though such territory is outside the United States.

Answer 50

No, because the state sales taxes were imposed on the private contractor’s purchase of the materials, and not directly on the federal government. Although a state may not tax the federal government or its instrumentalities, there is no similar restriction on the taxation of property owned by a private individual. In this case, the sales taxes have only an indirect economic effect on the federal government.

Answer 51

The federal marshal can argue that, since the killing occurred when he was acting as a federal law enforcement officer, he enjoys immunity under the Supremacy Clause from state prosecution for his actions.

Answer 52

Yes, because the tax would not be imposed directly on the states.

Answer 53

likely unconstitutional under the Equal Protection Clause, the principle of "one person, one vote" requires that one person's vote must be essentially equal to any other person's vote. The "one person, one vote" principle applies to local elections of entities that perform governmental functions, even when the functions are specialized rather than general in nature, such as a local school board. The restriction of voting to a class of persons (e.g., landowners) has generally been found to violate the "one person, one vote" principle, except in the case of water-district elections.

Answer 54

When a governmental program shows preference to one religion over another, OR to RELIGION OVER NONRELIGION, strict scrutiny applies!

Answer 55

Supreme Court has original jurisdiction over all cases in which a state is a party

Answer 56

No. U.S. Supreme Court does not have appellate jurisdiction over a decision by the highest court of a state when that decision is supported by state law grounds that are (1) independent of federal law and (2) adequate to sustain the result in the case.

Answer 57

No, because Senator X did not receive procedural due process. Congress does not have an express power to investigate, but the Necessary and Proper clause allows Congress broad authority to conduct investigations incident to its power to legislate. While a subpoenaed witness who fails to appear before Congress or refuses to answer questions may be cited for contempt, the witness is entitled to certain procedural due process rights, including the presence of counsel.

Answer 58

Correct Answer: Separation of powers doctrine NOT EX POST FACTO Once a judicial decision becomes the final word of the federal judiciary with regard to a particular case or controversy, Congress may not declare by retroactive legislation that the law applicable to that particular case was different from what the courts said it was.

Answer 59

protects members of Congress from civil and criminal liability for statements and conduct made in the REGULAR COURSE of the legislative process, including a speech given on the floor of Congress, committee hearings, and reports.

Answer 60

Correct Answer: No, because the state acted as a market participant. A state may behave in a discriminatory fashion if it is acting as a market participant (buyer or seller), as opposed to a market regulator. If the state is a market participant, it may favor local commerce or discriminate against non-resident commerce as could any private business. Here the state is a market participant because it is selling the rights to exploit a natural gas field that it owns. The usual rules of the dormant commerce clause restricting the power of the state to prefer local economic actors over interstate companies therefore do not apply.

Answer 61

A cognizable property interest involves more than an abstract need or desire; there must be a “legitimate claim of entitlement” by virtue of statute, employment contract, or custom. If enforcement of the restraining order is subject to the discretion of the police officers, then the woman cannot assert an absolute entitlement to having the order enforced.

Answer 62

repeal or do away with

Answer 63

11A normally allows state immunity, but state not immune from federal bankruptcy. The Eleventh Amendment does not bar the actions of a Bankruptcy Court that impacts state finances.

Answer 64

Privileges and Immunities Clause protects citizens of one state from discrimination by another state in their exercise of FUNDAMENTAL rights. e.g. hunting license high price for out-of-stateers for hunting which is paid by state taxes is okay. Rational basis. ------------------------------------------------ HOWEVER, for a tour guide license, that violates fundamental right to earn a living. ------------------------------------------------ another alternative is dormant commerce clause does not permit state discrimination, unless rational basis.

Answer 65

not enough of disparate impact, must show intentional discrimination. e.g. The test was designed to ensure that firefighters could handle the physical rigors of the job, such as lifting heavy equipment, carrying injured people, and withstanding intense heat. Applicants of a specific ethnic background failed this physical fitness test at twice the rate of applicants at large.

Answer 66

1. Express Preemption Federal law expressly preempts state law in cases in which the Constitution makes the federal power exclusive (such as the powers to coin money or declare war) or when Congress has enacted legislation that explicitly prohibits state regulation in the same area (e.g., the Federal Cigarette Labeling and Advertising Act forbids state laws that regulate either cigarette labels or the “advertising or promotion” of labeled cigarettes “based on smoking and health,” 15 U.S.C. § 1334). 2. Implied Preemption a. Intent to occupy a field can be inferred from a framework of regulation so pervasive that Congress left no room for states to supplement; or b. The state law directly conflicts with the federal law

Answer 67

Under the Free Exercise Clause of the First Amendment, a state may enact a neutral law of GENERAL APPLICABILITY. Here, the state enacted its law for the neutral purpose of protecting public health and safety, and the law applies generally to everyone in the state; the effect on the religious entity is only incidental to the law’s intended purposes. HAD it been targeted toward religion, then it would face strict scrutiny.

Answer 68

Under the First Amendment, a city can REGULATE adult entertainment establishments (e.g., by localizing them in a particular area), but CANNOT impose a blanket ban on all pornography.