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Constitutional Law > Constitutional Law > Flashcards

Constitutional Law Flashcards

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1
Q

PRIVATE ENTITY

Any Action

A

Constitution does not apply to private actors unless: Private Actor

  1. significantly (excessive) entangled with government or
  2. performing a traditional gov’t/public function
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2
Q

CONGRESS

taxing and spending

A

General Welfare Clause

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3
Q

CONGRESS

prohibiting public and private discrimination against black people

A

Sec 2 (Enforcement clause) of 13th amendment

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4
Q

CONGRESS

prohibiting states from denying equal protection or due process

A

Sec. 5 (Enforcement clause) of the 14th Amendment

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5
Q

CONGRESS
regulating
1. channels of interstate commerce
2. instrumentalities (goods/people) traveling through interstate commerce
3. commercial activities that substantially impact interstate commerce in the aggregate

A

Article I
section 8
Commerce Clause

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6
Q 
CONGRESS 
regulating
1. District Columbia
2. military bases
3. Native American lands
4. fed property and territories
A

Congress’s Police Powers

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7
Q

CONGRESS

Forcing states to pass laws/engage in regulatory conduct on congress’ behalf

A

10th Amendment

Congress cannot compel state regulatory action (Congress cannot commandeer state legislature)
*CONGRESS may incentivize states to pass laws, but not mandate that they do so

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8
Q

CONGRESS

Regulating the appellate jurisdiction of the US Supreme Court

A

Art III- allowed

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9
Q

CONGRESS

Regulating the jurisdiction of the lower federal courts

A

Art III- allowed

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10
Q

CONGRESS

regulating the original jurisdiction of the US Supreme Court

A

Art III- NOT allowed

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11
Q

EXECUTIVE

doing something in the best interest in the US

A

Power over domestic affairs- Valid so long as does not violate a Congressional act or the Constitution

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12
Q

EXECUTIVE

doing something in the best interest of the US

A

Power over foreign affairs- Valid so long as does not violate the Constitution

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13
Q

FEDERAL JUDICIARY

hearing a case

A

Art III Standing (part of Art III Case/ Controversy requirement)
1. injury 2. causation 3. redressability
Power to hear cases- must be a live case or controversy and involve a federal question or diversity jurisdiction

Ripeness= a case is only ripe if the government action has already been taken
Mootness= a case is moot if the remedy provided by the court will not redress the injury
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14
Q

FEDERAL JURISDICTION

Hearing a case against a state by a private citizen

A

11th Amendment (Sovereign Immunity)

Exception:

  • Congress using its powers under Sec 5 Enforcement Clause of the 14th Amendment
  • Seeking injunctive relief against state officials
  • Suing state officials in their official capacity for $$$
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15
Q

STATE

Any action

A

10th Amendment: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

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16
Q

STATE

action that violates congressional act, a treaty or an executive order

A

Supremacy Clause (supreme law of the land)

17
Q

STATE

imposing burden on interstate commerce

A

Dormant Commerce Clause
Facially Discriminatory law = strict scrutiny review
Facially neutral law =burdens cannot exceed benefits

Exceptions

  • market participant
  • congressional approval
18
Q

STATE

state discriminates against out of state citizens in their ability to EARN A LIVING or EXERCISE A FUNDAMENTAL RIGHT

A

Privileges AND immunities clause of Art IV

19
Q

STATE

state imposes a durational residency requirement

A

Privileges or immunities clause of the 14th amendment

20
Q

STATE

impairment of obligations under an existing contract

A

Contracts Clause
- private contracts= intermediate scrutiny
= public contracts= strict scrutiny

21
Q

State or Congress

Person or specific group is punished in the text of the law

A

Bill of Attainder

22
Q

State or Congress

Imposing retroactive criminal liability

A

Ex Post Facto

23
Q

State or Congress

Intentional discriminate on the base of race, ethnicity, or religion (suspect class)

A

5th Am Equal protection (14th Am States I 5th Am Fed Gov

Strict scrutiny

24
Q

State

Intentional discrimination on the basis of alienage (US citizenship)

A

5th Am Equal protection (14th Am States I 5th Am Fed Gov
Strict scrutiny

Unless: 1. serve on a jury, 2. be a public teacher, 3. vote, 4. probation/police officer

25
Q

State Or Congress
Intentional discrimination against a quasi-suspect class (gender and sex, non-marital children, against children of undocumented immigrants)

A

5th Am Equal protection (14th AM States I 5th AM Fed Gov)

Intermediate Scrutiny

26
Q

State or Congress

intentional discrimination against a non-suspect class (everyone else; age, disability wealth)

A

5th Am Equal protection (14th Am States l 5th Am Fed Gov)

Rational Basis

27
Q

State or Congress

Restricting a Fundamental Right

  • Privacy: marry, procreate, custody and control of child’s upbringing, live w/ family, purchase contraceptives, privately use obscene materials
  • individual protections: freedom of association, religion, speech right to bear arms and right to travel
A

5th Am Substantive due process

strict scrutiny

28
Q

State or Congress

Restricting a non-fundamental right (economic and/or social welfare regulations)

A

5th AM Substantive due process

Rational basis

29
Q

State or Congress

Restricting abortion rights

A

5th Am substantiative due process|Undue burden test: Gov cannot place an undue burden on a woman’s right to receive an abortion prior to viability

30
Q

State or Congress

Failing to provide adequate procedures before taking away a person’s life, liberty or property

A

5th Am Procedural due process

31
Q

State or Congress

physically taking a person’s property

A

5th Am Takings clause

needs to be fo a public purpose (broadly interpreted) and gov needs to give just compensation

32
Q

State or Congress

Taking an action that would deprive a person of the most beneficial use of their property

A

5th Am takings clause- only a taking if the action deprives the person of all economically viable use of the property

33
Q

State or Congress

Imposing a condition on zoning or building approval

A

5th Am Taking clause- there must be a rough proportionality between the condition and the impact of the proposed use will have on the community

34
Q

State or Congress

government intertwines itself with religion

A

1st Amendment Establishment Clause: Lemon test
Gov must show 1. there is a secular purpose for the law 2. the effect of the law is neither to advance nor inhibit religion and 3. the law does not create excessive entanglement with religion

35
Q

State or Congress

Interfering with the ability to practice religion

A

1st Amendment free exercise clause
Action must be neutral and generally applicable
If not neutral and generally applicable (the action intentionally discriminates against religious practices) then strict scrutiny applies

36
Q

State or Congress

Content-based restriction on speech

A

First Amendment Freedom of Speech

Strict Scrutiny

37
Q

State or Congress

Content-neutral restriction on speech

A

1st Amendment freedom of speech

Intermediate Scrutiny

Constitutional Law (1 decks)

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