Constitutional Law Flashcards
What suits are barred by the 11th Amendment?
(i) Citizens of one state suing another state in federal court;
(ii) Suits in federal court against state officials for violating state law; and
(iii) Citizens suing their own state in federal court.
Note: these are subject to exceptions.
What does it mean for a judgment to rest on “adequate and independent state grounds”?
The state law grounds fully resolve the matter (i.e., be adequate) and do not incorporate a federal standard by reference (i.e., be independent). The U.S. Supreme Court may not review a final state-court judgment that rests on adequate and independent state grounds.
What standard is used to determine whether a tax by Congress should be upheld?
The tax only need be rationally related (or have a reasonable relationship) to revenue production.
A political question not subject to judicial review arises when: [Name the two possibilities.]
(i) The Constitution has assigned decision making on this subject to a different branch of government; or
(ii) The matter is inherently not one that the judiciary can decide.
When does a taxpayer have standing to file a federal lawsuit?
A taxpayer has standing when the taxpayer challenges governmental expenditures as violating the Establishment Clause. A taxpayer also has standing to litigate whether, or how much, she owes on her tax bill.
Who may impeach the president and who may convict the president?
The House of Representatives determines what constitutes “high crimes and misdemeanors” and may impeach by a majority vote. The Senate tries the impeached official, and a 2/3 vote is necessary for conviction.
What does it mean for a claim to be ripe for litigation?
The plaintiff must have experienced a real injury (or imminent threat thereof). A federal court will not consider a claim before it has fully developed.
What does it mean in terms of mootness when a case is capable of repetition, yet evading review?
A case will not be dismissed as moot if there is a reasonable expectation that the same complaining party will be subject to the same action again (capable of repetition) but that the action will not last long enough to work its way through the judicial system (yet evading review).
Note: Roe v. Wade provides the classic constitutional example. By the time the woman seeking to terminate her pregnancy finally came before the Supreme Court, she was no longer pregnant, therefore the argument was made that her claim was moot. However, she could once again find herself in a similar situation, and would again be without judicial recourse.
What is provided under the Tenth Amendment?
The Tenth Amendment provides that all powers not assigned by the Constitution to the federal government are reserved to the states, or to the people.
Generally, a person who is intentionally being deprived of life, liberty or property, is entitled to what two procedural due process rights?
The rights to notice and a hearing
Name the three requirements that must be met in order for a restriction on the time, place, or manner of speech to be permissible.
The restriction must:
(i) Be content-neutral as to both subject matter and viewpoint;
(ii) Be narrowly tailored serve a significant state interest; and
(iii) Leave open ample alternative channels for communication of the information
How does aggregation come into play when considering the “substantial economic effect” of an activity for purposes of the Commerce Clause?
Congress has the power to regulate any activity that in and of itself, or in combination with other activities, has a substantial economic effect upon interstate commerce. Aggregation deals with the “in combination with other activities” part of the rule. While one farmer growing wheat on his farm with no intent to sell to anyone seems to be an isolated event, that can change when combined with other farmers who share that same intent. These isolated events can “in the aggregate” have a substantial effect on interstate commerce (or lack thereof) and be regulated by Congress
The federal government may not commandeer state legislators. What does this mean?
Congress cannot command state legislature to enact specific legislation or enforce a federal regulatory program, and it may not circumvent that restriction by conscripting a state executive officer directly.
Note: While Congress cannot directly command (either by compelling a state to enact legislation or prohibiting a state from enacting new laws), it can use its taxing and spending powers to encourage state action.
How does injunctive relief operate as an exception to the application of the Eleventh Amendment?
When a state official, rather than the state itself, is named as the defendant, the state official may be enjoined from enforcing a state law that violates federal law, or may be compelled to act in accord with federal law despite state law to the contrary
What is an advisory opinion and why do federal courts not render them?
An advisory opinion is an opinion issued by a court or a commission like an election commission that does not have the effect of adjudicating a specific legal case, but merely advises on the constitutionality or interpretation of a law. Federal courts do not render advisory opinions because federal courts only render decisions where an actual case or controversy exists.
Over what types of cases does the Supreme Court have original jurisdiction?
The Supreme Court has original jurisdiction over:
(i) All cases affecting ambassadors
(ii) Other public ministers and consuls
(iii) Those in which a state is a party
When is Congress able to regulate purely private conduct?
When it adopts legislation rationally related to eliminating racial discrimination (i.e., “badges or incidents” of slavery) pursuant to the Thirteenth Amendment.
What four requirements must be met in order for government regulation of expressive conduct to be upheld?
(i) The regulation is within the government’s power to enact;
(ii) The regulation furthers an important governmental interest;
(iii) The governmental interest is unrelated to the suppression of ideas; and
(iv) The burden on speech is no greater than necessary.
There is a general rule that states cannot enact legislation that discriminates against out-of-state commerce. What are the five exceptions to this rule?
(i) Necessary to important state interest and no other nondiscriminatory means are available
(ii) State as a Market Participant
(iii) Traditional government function exception
(iv) Subsidies
(v) Federal/Congressional Approval
How does consent come into play as an exception to the application of the Eleventh Amendment?
A state may consent to suit by waiving its Eleventh Amendment protection.
For what types of offenses can the President exercise the Pardon Power?
The Constitution grants the President the power to “grant reprieves and pardons for offenses against the United States, except in cases of impeachment.” This power only applies to federal cases- the President may not pardon anyone for state offenses.
List three fundamental rights.
(i) The right to travel;
(ii) The right to vote; and
(iii) The right to privacy (including marriage, sexual relations, abortion, child rearing, and the right of related persons to live together).
In what three circumstances is federal preemption implied?
(i) Congress intended for federal law to occupy the field;
(ii) The state law directly conflicts with federal law; or
(iii) The state law indirectly conflicts with federal law by creating an obstacle or frustrating the accomplishment of that law’s purpose.
What is a pocket veto?
If Congress has adjourned within the 10-day period after presenting a bill to the President, and the President had not yet acted on the bill, this is known as a “pocket veto” and the bill does not become law. This cannot be overridden.
Name three actions not barred by the Eleventh Amendment
The Eleventh Amendment does not bar:
(i) Actions against local governments
(ii) Actions by the United States government or other state governments
(iii) Bankruptcy proceedings that impact state finances
What is a line item veto?
A line item veto is where the President refuses only part of a bill and approves the rest. Line item vetos violate the Presentment Clause and are therefore unconstitutional.
What is a legislative veto, and is it constitutional?
Legislative vetoes arise when Congress passes a law reserving to itself the right to disapprove future executive actions by simple resolution. Such acts are unconstitutional
To have standing, a plaintiff bears the burden of establishing three elements. Name the elements.
(i) Injury in fact;
(ii) Causation (the injury must be caused by the defendant’s violation of a constitutional or other federal right); and
(iii) Redressability (the relief requested must prevent or redress the injury).
Note: The federal judiciary has also established a ““prudential standing”” requirement, i.e., that a plaintiff is a proper party to invoke a judicial resolution of the dispute.
What type of immunity does a judge have for judicial acts resulting in civil liability?
Absolute immunity
What is are the four suspect classifications for whom strict scrutiny will apply in an Equal Protection claim?
(i) Race
(ii) Ethnicity
(iii) National origin
(iv) If the classification is by state law, citizenship status
(1) When can the President invoke executive immunity; and
(2) When is the President not protected by executive immunity?
(1) The President may not be sued for civil damages with regard to any acts performed as part of the President's official responsibilities.
(2) The President has no immunity for civil actions based on conduct that occurred before the President took office or completely unrelated to carrying out the job.
Under Equal Protection, when is intermediate scrutiny applied?
When a classification is based on gender or status as a nonmarital child (legitimacy)
Note: In gender cases, there must be an ““exceedingly persuasive justification”” for the classification.
