Constitutional Flashcards
Do the limitations set forth in a Postal Limitations Act exceed Congressional authority?
Congress has the exclusive power “to establish post offices and post roads” under Article I, Section 8, Clause 7. Congress may impose reasonable restrictions on the use of the mail.
Do aliens have any rights to enter the US?
Congress has plenary power over aliens. Aliens have no right to enter the United States and may be refused entry for reasons such as their political beliefs
In addition to the supremacy clause of Article VI, what is the most obvious constitutional basis for the imposition of a stay of in a state court?
Congress’s power to provide uniform rules of bankruptcy offers the most obvious constitutional basis for a federal statute requiring a stay.
Can a state enact a statute imposing a tax on all negotiable notes issued by a national bank not incorporated in the state?
No. Federal government and its instrumentalities are immune from taxation by the states, but states may impose generally applicable INDIRECT taxes as long as not unreasonably burdening the federal government.
Can a future injury be justiciable?
Yes, if the injury is imminent and the remedy been sought is an injunction.
Do the Freedom of Speech First (Federal) and Fourteenth Amendments (State) apply to the actions of privately owned companies?
Generally apply only to the actions of governments and government officials, not to the actions of privately owned companies such as the insurance company.
What does constitute a taking?
(i) When there is an actual appropriation or destruction of property, or the government permanently physically invades the property (except emergencies); and (ii) when there is a permanent, total loss of economic value in the land.
What does the Origination Clause say?
Sometimes called the Revenue Clause, says that all bills for raising revenue must start in the House of Representatives, but the Senate may propose or concur with amendments as in the case of other bills.
What is the name of Article I, Sec. 7, Clause 1, of the Constitution?
The Origination Clause, sometimes called the Revenue Clause, is Article I, Section 7, Clause 1 of the United States Constitution.
What are the standing requirements for a P to sue in federal court?
(i) there is an injury in fact
(ii) the injury must be caused by the defendant’s violation of a constitutional or other federal right, and
(iii) the relief requested must prevent or redress the injury.
Is the Commerce Clause limited to the channels or instrumentalities of interstate commerce?
No. Although Congress has the power to regulate the channels and instrumentalities of interstate commerce, it also provides the power to regulate any activity that substantially affects interstate commerce.
Can congress regulate non-economic activity in an area of traditional state concern through the Commerce Clause.
No. First, Commece Clause ideally regulates economic activities. Second, it should not be used by the Federal Government to regulate areas of traditional state concern.
Can the Congress condition funding to states to specific requirements?
Yes. Congress has the power under the spending power to spend for the general welfare and impose conditions on the receipt as long as such conditions are set out unambiguously to be enforceable.
In which part of the Constitution is the Property Clause located?
The Property Clause is located in Article IV, Section 3.
What does the Property Clause state?
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.
What is the purpose of the Necessary and Proper Clause of Article I, Sec 8?
To permit Congress to fully exercise its authority enumerated elsewhere in the Constitution, this clause does not serve as an independent source of congressional power.
What are the only occasions when Congress can take away a person’s citizenship?
Only when citizenship was obtained by fraud or in bad faith.
What is the Elections Clause?
Source of constitutional power to regulate elections for the Congress. It enables states to determine the “Times, Places, and Manner” of congressional elections, subject to Congress’s authority to “make or alter” this.
Can the Congress delegate some of its authority to the Executive branch?
Delegation of some of Congress’s authority to the executive branch has consistently been held constitutional, so long as Congress specifies an “intelligible principle” to guide the delegate.
Who can appoint members of a body with administrative or enforcement powers?
Only the President can.
Can Congress delegate its appoitnment power of selected officers to the President?
Yes to only inferior officials. Congress may delegate the appointment of “inferior” officials to the President. “Inferior” officials are those supervised by Senate-confirmed appointees.
Who can recognize a foreign government?
In addition to appointing and receiving ambassadors, the President has the exclusive power to recognize a foreign government.
Can Congress legislatively veto an executive action?
No. It is unconstitutional for Congress to legislatively veto an executive action—that is, to retain direct control over the actions of an executive agency, rather than going through the proper channels of passing a bill.
How is law enforcement handled by the federal powers?
Law enforcement is an executive function, but the executive branch needs congressional authorization as provided by law to exercise that function.
Can the federal government become liable for state taxes for contracting with a state government or private entity?
No. The federal government is immune from state taxation regardless of whether the other party to the contract was the state or a private entity.
Can Congress allow states to enact discriminatory tax policies?
Yes. 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.
Do the Privileges and Immunities Clause of Article IV or the Comity Clause protect corporations?
No. They protect only citizens from other states.
How can states legislate interstate commerce?
States are free to regulate as long as they do not (i) discriminate against out-of-state commerce, (ii) unduly burden interstate commerce, or (iii) regulate extraterritorial (wholly out-of-state) activity.
What is the 21st Amendment?
In addition to repealing prohibition, gives states the authority to prohibit the transportation or importation of alcoholic beverages into the state for delivery or use within the state.
Can a person’s procedural due process rights be violated as a result of an action of a private person?
No. In order for a person’s procedural due process rights to be violated, the violation must be the result of an action undertaken by the government, not a private person.
Does the govern need to provide notice before seizing private property?
Only when seizing real property government must provide notice and hearing.
What is the standard usually applicable to zoning?
Most legislation related to zoning is reviewed under the rational basis standard, and a law meets that standard if it is rationally related to a legitimate state interest.
When can a state legislate with regard to alienage?
Only when Congress authorizes.
When can the media use information obtained illegally without liability?
The First Amendment shields the media for publishing information obtained illegally as long as it involves a matter of public concern and the publisher neither obtained it unlawfully nor knows who did.
Would a 90% funding of a private university result in state action if a first amendment claim is asserted by a university employee?
No. Funding alone, even if extreme, does not decharacterize the private nature of the university.
