Constitutional Law

Question 1

Commerce Clause

Answer 1

Congress can regulate the channels and instrumentalities of interstate commerce, person and things in interstate commerce, or anything that has a substantial effect on interstate commerce.

Question 2

Commandeering

Answer 2

Congress cannot commandeer states and force them to enforce federal laws. Instead, they can regulate directly through their commerce power or indirectly through the tax and spend power

Question 3

Dormant Commerce Clause

Answer 3

If a state regulation discriminates against interstate commerce, it is unconstitutional unless the state can show that the law was necessary to serve a compelling state interest and there is no reasonable nondiscriminatory alternative. If the regulation is nondiscriminatory on its face, it is valid if it serves am important state interest but does not impose an unreasonable burden on interstate commerce

Question 4

Dormant Commerce Clause Exceptions

Answer 4

The Dormant Commerce Clause does not apply when Congress is regulating, when the state is a market participant, or when the law favors a traditional governmental activity

Question 5

Strict Scrutiny

Answer 5

To satisfy strict scrutiny, they government must prove that the law is necessary to achieve a compelling governmental interest

Question 6

Intermediate Scrutiny

Answer 6

To satisfy intermediate scrutiny, the government must prove the classification is substantially related to an important government interest.

Question 7

Rational Basis

Answer 7

To satisfy rational basis, the plaintiff must prove that the law is not rationally related to a legitimate government interest

Question 8

First Amendment Intro

Answer 8

The First Amendment applies to the states through the Due Process Clause of the Fourteenth Amendment. It generally prohibits the government from restricting the content of speech unless they can prove the restriction is necessary to achieve a compelling government interest

Question 9

Content-Based Restrictions

Answer 9

A content-based restriction seeks to forbid communication about certain ideas or content and are usually subject to strict scrutiny

Question 10

Content-Neutral Restrictions

Answer 10

Content neutral restrictions don’t try to regulate the content of speech, but instead usually restrict the time, place, or manner of the speech.

Question 11

Unprotected Speech

Answer 11

Speech inciting immediate lawless or violent behavior, fighting words, true threats, and obscene speech are not protected under the First Amendment

Question 12

Public Forum or Designated Public Forum

Answer 12

A conduct based restriction in a public forum (or designated public forum) must be content neutral, narrowly tailored to serve an important government interest, and leave open alternative channels of communication. A content based regulation must meet strict scrutiny

Question 13

Nonpublic Form

Answer 13

A restriction in a nonpublic forum must be viewpoint neutral and reasonably related to an important government interest

Question 14

Eminent Domain

Answer 14

Governments can not take private property for public use without just compensation. This arises from the Fifth Amendment and is applied to the states through the Fourteenth Amendment.

Question 15

Privileges or Immunities Clause of 14

Answer 15

Prohibits states from denying their own citizens the privileges of national citizenship including the right to interstate travel

Question 16

Privileges and Immunities Clause of IV

Answer 16

Prohibits discrimination against non residents

Question 17

First Amendment- Overbroad

Answer 17

Generally a regulation of speech will not be upheld if it is overbroad (prohibits substantially more speech than is necessary)

Question 18

Defamation

Answer 18

The first amendment requires defamation suits brought by public figures to show the defendant made a false statement and did so with actual malice. Actual malice is found when the statement was made with knowledge that is was false or a reckless disregard of its truthfulness

Question 19

Private Action = State Action

Answer 19

Private action will constitute state action when a private actor is performing a traditional and exclusive state function (running a town or election), or the state is significantly involved in the private action. Regulation of a private high school does not make the action state action.

Question 20

Eleventh Amendment

Answer 20

The eleventh amendment prohibits federal courts from hearing most private actions against state governments. Congress can remove eleventh amendment immunity for actions created under the fourteenth amendment. One exception is bringing actions to stop an officer from future conduct

Question 21

Fifth Amendment-Takings

Answer 21

The fifth amendment prohibits the governmental taking of property for public use without just compensation. A restriction on how property may be used could constitute a taking if it amounts to a physical appropriation, denies an owner all economic use, or unreasonably interferes with investment-backed expectations of the owner.