Constitutional Law Flashcards
When does the “one person, one vote” principle apply?
This principle applies to almost every election where a person is being elected to perform normal governmental functions (e.g., an election for trustees for a junior college district). However, the principle of one person, one vote generally is inapplicable where there is an at-large system of election (except where the system is adopted for discriminatory purposes)
“I swear to uphold our state and federal Constitutions; to show respect for the state and federal flags; and to oppose the overthrow of the government by violent, illegal, or unconstitutional means.”
Is this oath required by public employees constitutional?
Yes, as to upholding the Constitution and to opposing the illegal overthrow of the government.
No, as to pledging allegiance to the flag, because refusal to salute the flag on religious grounds might conflict with the oat
Trials and pretrial proceedings can be closed only if
Closure is necessary to preserve an overriding interest and the closure order is narrowly tailored to serve the overriding interest.
While the Court has not yet established the standard for civil matters several Justices and commentators have suggested that the same standard will be applied in civil cases since they too have historically been open to the public.
Do potential heirs have property interests subject to procedural due process?
No
Does the press’ have a right to publish matters of public concern acquired via illegal means?
The right applies even if the information has been unlawfully obtained in the first instance, as long as (1) the speech relates to a matter of public concern, (2) the publisher did not obtain it unlawfully or know who did, and (3) the original speaker’s privacy expectations are low.
When is a tax valid under the Commerce Clause?
(i) the tax does not discriminate against interstate commerce; (ii) there is a substantial nexus between the activity taxed and the taxing state; (iii) the tax is fairly apportioned; and (iv) the tax fairly relates to services or benefits provided by the state.
What are the limitations of Congress’ delegation powers?
The separation of powers doctrine forbids Congress from trying to control the exercise of the power delegated in various ways, such as by overturning an executive agency action without bicameralism (i.e., passage by both houses of Congress).
What is the standard for Congress enacting laws under the 14th enabling clause?
Must be congruent and proportional to preventing or remedying the violation in question
What are the property rights of a public employee removed for cause?
A public employee who is subject to removal only for “cause” has a property interest in her job and generally must be given notice of the charges against her that are to be the basis for her job termination, and a pre-termination opportunity to respond to those charges
When can Congress subpoena the President’s personal papers?
Whenever, as long as it can be established that the subpoena advances a legitimate legislative purpose based on certain factors
Who can Congress vest appointment powers in
The Appointments Clause of the Constitution permits Congress to vest appointments of inferior officers only in the President, the courts, or the heads of departments.
Enforcement is an executive act; therefore, Congress cannot appoint members of a commission that exercises enforcement powers.
i.e. if can prosecute violations –> violation of appointments clause
When does municipal immunity attach?
Courts have limited its scope by differentiating between “governmental” and “proprietary” functions of the municipality.
If the municipality is performing a function that might as well have been provided by a private corporation, the function may be construed as a proprietary one and no immunity will attach
When are “buffer zones” likely to be held valid?
More likely to uphold such measures as narrowly tailored if the measures attempt to remedy a specific problem at a particular facility or facilities, rather than
