Constitutional Law Flashcards
Supremacy Clause
The Supremacy clause invalidates any state action that is contrary to validly-enacted federal law.
Preemption
State laws can be preempted directly, or through implication.
Property Power
Allows Congress to make rules and regulations regarding property belonging to the United States.
Private Universities
Accreditation, regulation, and partial funding of a university by the state does not render the university’s conduct state action, and thus the 14th Amendment does not apply.
State as a Market Participant
When the state participates in the economic marketplace, it may decide with whom it wishes to contract without regard to the restrictions of the dormant commerce clause.
Government Employee Speech
Government employees have a 1A right to comment publicly on matters of a public concern.
Establishment Clause
The government cannot pass a law that formally sponsors or establishes a religion.
When might there be no independent and adequate state law grounds for a decision?
Where a state court finds that a statue was unconstitutional based on a co-extensive interpretation of the state and U.S> constitutional provisions.
When does a person have standing
A person has standing only if she can demonstrate a concrete stake in the outcome of the controversy. A plaintiff will be able to show a sufficient stake in the controversy o only if she can show an
1) injury in fact,
2) caused by the defendant,
3) that will be remedied by a decision in her favor (redressability)
Government Taking Requirement
ANY permanent physical occupation by the government of private property is a taking for which just compensation to the property owner is required. Sit is irrelevant that in this case the portion of the owner’s tract to be occupied is unused / very small.
Congressional Legislation through Section 5 of the 14A
Congressional Legislation is appropriate within the meaning of Section 5 is
1) it seeks to prevent or remedy actions by state or local governments that violate provisions of the 14A, and
2) its requirements are congruent with and proportional to the 14A violations is addresses.
Test for evaluating time, place, and manner restrictions
Whether the restriction is designed to serve a substantial governmental interest in a way that does not unreasonably limit alternative avenues of communication
State Police Power
State governments hold a general police power to protect the health, safety, or general welfare of state residents. An action by a state government is valid under federal law unless it violates any specific limitation imposed by the U.S. Constitution.
Establish a violation of the Free Exercise Clause
The challenger must show intent to target religion by the government. When such intent is established, courts will employ strict scrutiny over the government action, which often in validated the restriction in question.
Article III Restricting Appellate Jurisdiction
Article III gives Congress broad power to restrict the U.S. Supreme Court’s appellate jurisdiction.
Some limits on this power have been suggested,d but COngress nevertheless has the authority to strip the Court of its appellate jurisdiction to hear particular types of cases
Is there a First Amendment right of access to records kept by the executive branch?
No, There is generally no First (or Fourteenth) Amendment right of access to government-generated or government-controlled records, including those kept by the executive branch. The media doesn’t to have a greater right of access to such documents than the public.
Property Clause
The Property Clause of the Constitution gives Congress the power to make all necessary rules and regulations concerning the property of the United States.
Original Jurisdiction of the Supreme Court
In all cases
I) affecting ambassadors, other public ministers and consuls
II) those in a which a state shall be a party
Freedom of Association
Freedom of Association protects the rights to form or participate in any group, gathering, club, or organization without government interference. However, the government may infringe upon this right if they can satisfy strict scrutiny.
Proper Process for deprivation of Property
Proper Process typically involves two requirements:
(I) notice; and
(II) an opportunity to response before the termination of that interest (pre termination hearing)
Content Neutral Expressive Activity Test
Intermediate Scrutiny Applies
1) the true purpose of the regulation must not be the suppression of ideas
2) the regulation must be narrowly tailored to achieve a significant governmental interest
3) it must leave open alternative channels for expressive activities
Protectionslist Law
Projectionist law benefits, in-state interest at the expense of out-of-state interest. a state law that discriminates against interstate commerce is protectionalist unless it’s serves a legitimate local interest that cannot be served by nondiscriminatory legislation 
15th Amendment
15A Provides that the right to vote shall not be abridged on the basis of race or color
While the 14A is designed to promote racial equality, it does not protect the right to vote explicitly
Employee’s Right to Freedom and Expression
Government may not fire an employee because of the employee’s political views or affiliations unless certain political views or affiliations are required for the effective performance of the employee’s job.
