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Charleston Law 2L > Constitution Law FINALS > Flashcards

Constitution Law FINALS Flashcards

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1
Q

According to CJ Roberts, in his holding of Sebelius, the choice to participate in medicaid expansion and receive billions or choose not to and receive nothing amounted to what?

A

Coercion

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2
Q

CJ for Sebelius?

A

CJ Roberts

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3
Q

In Sebelius, the medicaid expansion provision was found to be constitutional. [T/F]

A

False

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4
Q

Why was medicaid expansion [tied to funding] unconstitutional according to CJ Roberts?

A

Coercion. Opt in or lose it all.

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5
Q

[T/F] “Congress violates 10 amendment by attempting to coerce states to legislate by threatening with loss of already existing FED funding if they do not.”

Bonus: Case?

A

True. Sebelius

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6
Q

Can congress coerce states to legislate through program of conditional spending if states have no meaningful choice?

A

No.

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7
Q

Article 1 Sec 8 CL 1 says congress can spend for several purposes, one of which is the golden ticket for liberals. What is it?

A

“General welfare”

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8
Q

T/F) Congress can’t command you to regulate in a specific way.

A

True

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9
Q

CJ in SD v. Dole?

A

The goat. CJ Rehnquist

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10
Q

In SD v. Dole, if FED funds withheld “conditionally,” what are the requirements?

  2. 3.
    4.
    5.
A
  1. General Welfare
  2. Receipt of funds = NOT AMBIGUOUS
  3. Must be related to FED interest / Program.
  4. Conditions can’t violate Constitution.
  5. Not coercive.
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11
Q

Whats the conditions test established by the goat, CJ Rehnquist?

A
  1. General Welfare
  2. NOT AMBIGUOUS
  3. Related to FED program
  4. Not coercive
  5. Can’t violate Constitution
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12
Q

SD v. Dole is about _______ regulation.

A

Alchohol regulation

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13
Q

According to the goat, CJ Rehnquist, who decides if the spending is in pursuit of general welfare? is it the courts?

A

No. It is up to Congress to decide.

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14
Q

What is the test for unconditional spending?

A

Congress decides if in general welfare interests.

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15
Q

T/F) Congress can command states to legislate.

A

False.

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16
Q

T/F) Congress’s war powers include the authority to address the negative effects of war, which lasts far beyond the end of the actual war.

A

True

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17
Q

What was woods v. miller about?

A

LL wanting to raise rent after the war.

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18
Q

CJ Douglas, in Wood v. Miller, said congress can do what?

A

Congress may control rents even after cessation of WWII.

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19
Q

Where do state government’s find power to regulate local rents?

A

Police powers

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20
Q

Can congress regulate migratory birds?

A

Yes.

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21
Q

Who can make treaties?

A

POTUS

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22
Q

How does POTUS treaty get approved?

A

2/3 approval from Senate

23
Q

Who has war powers?

A

Congress

24
Q

Who has power to raise and support armies?

A

Congress

25
Q

Who has power to provide for and establish a NAVY?

A

Congress

26
Q

What FED organ disperses revenue for things, including war?

A

Congress

27
Q

When was the last time US declared war?

A

WWII

28
Q

Department of War became Department of ________ in 1947.

A

DOD [Defense]

29
Q

What was Missouri v. Holland about?

A

Protecting migratory birds

30
Q

What was Missour’s 10 amendment argument?

A

Regulation of in-state birds within police powers of the state and off limits to FED gov.

31
Q

Can the FED violate constitutional text by treaty?

A

No

32
Q

Can the FED expand authority of congress by treaty?

A

Yes

33
Q

What is the takeaway from Missouri v. Holland?

A

Treaties of the US can expand authority of congress to regulate but it can’t allow congress to violate constitutional provisions.

34
Q

Missouri v. Holland remains good law which means….

A

…. the Gov. can expand authority by treaty.

35
Q

Can congress abolish bill of rights by treaty?

A

Hell no

36
Q

Under Garcia, may Charleston opt out of FLSA law?

A

Nope

37
Q

[1985] Does the 10th amendment shield local and state gov. from FED law regulating the economy?

Case?

A

No. Garcia v. San Antonio Metro

38
Q

What was Garcia v. San Antonio Metro about?

A

FLSA regulation

39
Q

What case disposed Rehnquist’s [The Goat] traditional gov. functions test and said states must comply [again] w/ FLSA?

A

Garcia v. San Antonio Metro

40
Q

May Congress COMPEL states to enact or administer a federal regulatory program? Case?

A

No. NY v. US

41
Q

When can States enter into interstate agreements with other states?

A

Only when congress authorizes.

42
Q

Can congress command states to enforce federal law?

A

no

43
Q

What happened in Printz v. US?

A

Lawsuit over national gun background checks

44
Q

In Printz v. US, what did CJ Scalia decide?

A

Prioritizing FED background checks would interfere with ability of local LE offices to carry out their own activities in a timely manner.

45
Q

What can’t congress do?
1.
2.
3.

A
  1. Order state legislators to legislate.
  2. Order civil servants carry out FED law.
  3. Coerce into FED program compliance.
46
Q

When can a gov. branch, say the DMV, share personal citizen info to outside 3rd party?

A

Only as related to vehicle safety recall.

47
Q

11th amendment protects WHO against WHAT?

A

States against lawsuits.

48
Q

T/F) 10th amendment does NOT protect against lawsuits, it protects states against congressional commands to legislate, carry out federal policy…

A

True

49
Q

T/F) 11th amendment protects suing states directly.

A

True

50
Q

Do persons of a state have 11th amendment immunity from suit?

A

No. Only the states

51
Q

States and FED gov. have soverign immunity from suits, but what about named government officials?

A

Fair game

52
Q

Can you sue SC army national guard?

A

No. Organ of the state gov.

53
Q

Can you sue Charleston PD?

A

Yes, not an organ of state gov.

54
Q
A

Charleston Law 2L (19 decks)

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