Constitutional Law Flashcards
What is the exception to no standing just as a taxpayer
When the first amendment religion establishment clause has been violated, but this is a VERY narrow exception
Does commerce clause power extend to environmental laws?
Yes
Is the necessary and proper clause an independent source of power?
No
What is required for the license exception to out of state discrimination to apply?
The license must be recreational
It cannot be commercial
What is the main thing that a taking must be?
It must be a physical occupation
So requiring a building to place equipment in their basement would be a taking
Can a state regulation that does not discriminate still be struck down as unconstitutional under the dormant commerce clause?
Yes, if it imposes an undue burden on interstate commerce
Does a president’s pardon power extend to impeachment?
No
When can a president pardon?
Anytime after the offense has been committed
The privileges and immunities clause of Article IV vs the privileges and immunities clause of the fourteenth amendment
The Privileges and Immunities Clause of Article IV: How state treats out of state citizens
–prevents a state from treating citizens of another state in a discriminatory manner; it does not prevent a state from discriminating against its own citizens
Privileges or Immunities Clause of the Fourteenth Amendment: how state treats its own citizens
- -has very limited application.
- -This provision prevents states from infringing on the rights of national citizenship, and is usually only successfully invoked in cases involving the right to travel between the states.
What do the commercial speech rules apply to?
When speech being regulated is only commercial speech, not regulations that may have an effect on commercial speech among other things (like billboards)
What type of speech restrict is prohibition of signs for upcoming events?
Content-based. Since other signs are allowed, the content prohibited is upcoming events.
What scrutiny applies to content-based regulations
Strict scrutiny
Who does the contracts clause apply to?
States
Can congress make laws about aliens?
Yes, they have plenary power to do so under Article 1
What type of hearing is required for a public employee who may be discharged only for cause
An informal pre-termination opportunity to respond
A formal hearing is not required
When can the President 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.
When can the government punish or deprive a person public employment based on their political affiliation?
When the individual:
o is an active member of a subversive organization
o has knowledge of the organization’s illegal activities
o has a specific intent to further those illegal objectives.
Can a plaintiff have standing when the injury is that suffered by the general population?
No, the plaintiff must have a particularized injury in fact that is different from citizens in general
Can the gov require a church to retain an unwanted minister?
No, that violates the Free Exercise and Establishment Clauses of the First Amendment
Are content-based restrictions in public forums allowed?
No, they are always unconstitutional
What scrutiny do fundamental rights get?
Strict scrutiny
Doe extended family members have a right to live together in a single household?
Yes, it is a fundamental right
When can a citizen of one state not sue another state in federal court?
When the basis of the action is the violation of state law (11th amendment)
Younger doctrine
a court will not enjoin a pending state criminal case in the absence of bad faith, harassment, or a patently invalid state statute.
Can a defendant in a criminal trial challenge the constitutionality of the law?
Yes, they have standing to do so
an imminent threat of prosecution under an unconstitutional statute is sufficient for standing
Can congress regulate international commerce?
Yes
What type of decision maker is a person entitled to under due process?
A fair and neutral one
If a decision is based solely on state law, when can SCOTUS hear the case?
when it possibly violates the constitution
If race is a primary factor in redistricting what scrutiny applies?
Strict, but the federal voting rights act might save it
What is Article I, Section 8, Clause 17 of the U.S. Constitution, also known as the Enclave Clause?
It gives Congress the general police and regulatory powers over the District of Columbia that a state enjoys over persons and things within its boundaries.
What is the sixteenth amendment?
It gave Congress the power to impose an income tax without apportioning the tax among the states based on population
May congress tax goods exported to foreign countries
No, under the export taxation clause of Article 1, Section 9
When will an absolute prohibition on a particular type of expression be upheld?
Only if it is narrowly drawn to accomplish a compelling governmental interest.
Is preventing littering a sufficient governmental interest to justify banning all leafleting?
No
If a government employee contends that her rights under the Free Speech Clause of the First Amendment have been violated by her employer what must the employee show?
the employee must show that she was speaking as a citizen on a matter of public concern.
The critical question is whether the speech at issue is itself ordinarily within the scope of an employee’s duties, not whether it merely concerns those duties
The Federal Property Clause of Article IV, Section 3
gives Congress the “power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States.”
This applies even if the government is not putting the land to public use
