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Constitutional Law Flashcards

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1
Q

dContent based restrictions on speech- what level of scrutiny

A

Strict scrutiny= compelling govt interest and narrowly tailored

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2
Q

How is funding to religious schools allowed acc to SC

A

if the funding is directed to parents to use for any school and it is through individual choice that they choose to use it for religious schools

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3
Q

What does this trigger- ‘similarly situated people being treated differently’

A

Equal protection clause 14th am

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4
Q

The 5th am applies to who?

A

The fed govt

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5
Q

States can regulate interstate commerce but what is the restriction?

A

Can’t UNDULY BURDEN interstate commerce

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6
Q

What is the only am that applies to private parties and NOT govt actors

A

13t am- badges and incidents of slavery

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7
Q

Is a conviction necessary for a pardon

A

No

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8
Q

is employment a fundamental right

A

NO. but a govt job may give you a property right in that job

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9
Q

Who does the CONTRACT clause apply to

A

ONLY to the STATES

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10
Q

What are the three fundamental rights

A
  1. privacy (including marriage, contraception, kids)
  2. travel
  3. vote
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11
Q

What does the Takings Clause apply to

A

Real property

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12
Q

Are sincerely held religious beliefs absolutely protected?

A

Yes

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13
Q

Is religious conduct absolutely protected

A

NOOOOOO

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14
Q

Does a tax payer have standing

A

Not for general federal expenditures. They can challenge legislation BY CONGRESS in violation of the Establishment class NOT for anything else

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15
Q

What does article IV Privilege and Immunities clause apply to?

A

state discriminating against out of state people.
NOTE - it is ok to discriminate with respect JUST to RECREATIONAL activities

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16
Q

Can an action be based just on the Necessary and Proper clause?

A

NO- Necessary and Proper must always be connected to another power

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17
Q

Do you have standing if you are just thinking about x and planning something

A

NO

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18
Q

Does the President’s power to pardon extend to impeachment

A

NO

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19
Q

Does govt speech have to be viewpoint neutral

A

No

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20
Q

What are the elements required for a regulation on Expressive Conduct to be upheld

A

1- furthers an important govt interest
2- interest is NOT related to Suppression of ideas
3- burden on speech is no greater than necessary

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21
Q

When are laws regulating religious conduct ok?

A

Laws are subject to strict scrutiny UNLESS they are NEUTRAL law of general applicability

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22
Q

Define the free exercise of religion in regards to religious beliefs

A

citizens have the freedom to believe in any religion or none and it can’t be restricted by law.
Govt can’t deny benefits or impose burdens on religious beliefs

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23
Q

what type of suits are barred by 11th am

A

suits by citizens of one state suing ANOTHER STATE
suits by citizens suing their OWN STATE

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24
Q

what is adequate and independent state grounds

A

If a state law fully resolves the matter, the SC can’t review the final state court decision

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25
Q

What is required for a tax by Congress to be upheld

A

must be rationally/reasonably related to revenue production

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26
Q

What branch of the Congress impeaches

A

House of Representatives impeaches by Majority vote
Senate convicts by 2/3 vote

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27
Q

What is required for a claim to be ripe

A

P has experienced real injury

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28
Q

When will a case not be dismissed as moot

A

If capable of repetition and could evade review

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29
Q

what does the 10th am do

A

All powers not assigned in the constitution to the Fed govt are reserved to the states or the people

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30
Q

What is procedural due process

A

Get notice and hearing before deprivation of life, property or liberty

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31
Q

What are three requirements for permissible TIME, Place, Manner restrictions on Speech

A
  1. Content neutral
  2. NARROWLY tailored to SIGNIFICANT state interest
  3. leave open alternate channels of communication of info
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32
Q

Under the commerce clause, what power does Congress have?

A

To regulate any activity that by itself or in the aggregea has a substantial economic effect on interstate commerce

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33
Q

What is the Commandeering Act

A

Congress can’t tell the states to enact specific legislation or to enforce a federal program

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34
Q

Under the 11th am, can an individual sue a state OFFICIAL

A

Yes- for injunctive relief

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35
Q

The general rule is that states can’t enact legislation that discriminates against out of state commerce but what are the exceptions when a state can?

A
  1. When the state is a market participant
  2. When it is necessary to an important State interest and no other non discriminatory means are available
  3. subsidies
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36
Q

What type of offenses can a President pardon a person for?

A

Federal

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37
Q

3 key elements for standing

A

INJURY IN FACT
CAUSATION
REDRESSABILITY

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38
Q

suspect classifications when strict scrutiny will apply under Equal protection

A

race, ethnicity, national origin

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39
Q

When is intermediate scrutiny applied under equal protection

A

Sex and legitimacy (non marital kid)

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40
Q

When can states tax the Fed govt

A

Only when the tax is indirect and does not unreasonably burden the Feds. I.e state income tax on Fed employees

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41
Q

When is public employment a property interest?

A

if there is an employment contract or they can only be fired for cause

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42
Q

Times when a govt CAN restrict speech based on CONTENT

A

obscenity, fighting words, true threat, incitement to violence, defamation, commercial speech

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43
Q

If there is NO fed regulation on the matter, a state can regulate commerce if…

A
  • it doesn’t discriminate against out of state people
  • it doesn’t unduly burden interstate commerce
  • it doesn’t apply only to out of state activities
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44
Q

How can a Pres veto a bill, how can Congress override it

A

pres can veto a bill within 10 days. Once it is vetoed, it can be overridden by 2/3 vote in each house

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45
Q

Standard for govt to regulate speech in a NON public forum

A
  • viewpoint neutral
  • REASONABLY related to LEGITIMATE govt interest
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46
Q

What is rational basis review

A

law is rationally related to legitimate govt interest

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47
Q

What is intermediate scrutiny

A

Law is substantially related to important govt interest

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48
Q

To trigger EP/ Strict scrutiny you must show discriminatory……

A

INTENT

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49
Q

what are 1983 claims for

A

deprivation by a person acting under color of law at any level of govt

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50
Q

What does the commerce clause give the power to regulate

A
  1. channels
  2. instrumentalities
  3. any activities that substantially affects interstate commerce
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51
Q

Can President remove executive appointees without cause

A

Yes

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52
Q

Can the president declare war

A

No- but he can take military action.
Only congress can declare war

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53
Q

Who has the exclusive power to negotiate treatites

A

President. Ratified by 2/3 vote of Senate

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54
Q

Does the fed govt have power to regulate states

A

Fed govt has virtually unlimited power to regulate states as long as Congress is exercising enumerated powers

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55
Q

Can state regulations favor state businesses

A

Yes if the businesses are performing a traditional govt function like waste disposal

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56
Q

Can a non discriminatory state regulation be struck down

A

Yes, if it imposes an undue burden on interstate commerce and less restrictive alternatives are available

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57
Q

What type of segregation in schools violates Equal Protection

A

Only De Jure (intentional). De Facto segregation like in residential areas is ok

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58
Q

What level of scrutiny is applied to Affirmative Action programs

A

Strict scrutiny to any programs that favor ethnic or racial minorities

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59
Q

What is a Bill of attainder

A

Law that declares a person or group guilty of some crime and punishes them w/o trial.
This is PROHIBITED

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60
Q

What does the Establishment clause prevent

A

Govt can’t give preference to one religion over another or religion over non -religion.

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61
Q

What is the “new” test for the Establishment clause

A

Historical practices. Strict scrutiny applies but if it has been historically done it is ok

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62
Q

Is aid to religious schools allowed

A

yes, if the aid is secular, distributed to all schools, acc to religiously neutral criteria

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63
Q

Are tuition vouchers for use at religious or non religious schools ok

A

Yes- parents can exercise choice

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64
Q

Can a state deny public funds to a student pursing a religious career

A

Yes

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65
Q

Can a school prohibit the teaching of Darwinism

A

NO

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66
Q

Can a school have a non denominational prayer

A

NO

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67
Q

When is a law void for vagueness

A

If it fails to provide fair notice of what is prohibited

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68
Q

Can a state compelling a private place like a shopping mall to allow individuals to exercise their own free speech rights there

A

Yes- if the mall is open to the public and the message is not likely to be attributable to the mall

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69
Q

What is a contribution

A

money given to individual candidates. govt can limit contributions to individual candidates to avoid corruption- statues subject to intermediate scrutiny

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70
Q

Is there a limit on political expenditures

A

No- limits on expenditures are subject to strict scrutiny, including expenditures by corporations or union

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71
Q

3 types of forums

A

traditional public
designated public
non public

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72
Q

what is a public forum

A

historically associated with expression like a street, sidewalk, park.

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73
Q

What is a designated public forum

A

govt has opened for use- like civic auditorium, school classroom after hours, town own building

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74
Q

For traditional public forums and designated public forums what must a restriction on speech be?

A
  • content neutral to subject matter and viewpoint
  • narrowly tailored to serve SIGNIFICANT govt interest
    -Leave open alternative channels of communication
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75
Q

For a non public forum, how can a govt regulate speech there?

A
  • regulation must just be viewpoint neutral
    Regulation must be reasonably related to legit govt interest
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76
Q

an the govt regulate speech on a person’s own property

A

NO- no first am right to express oneself on someone else’s private property

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77
Q

what is the test for obscenity

A

1- appeals to prurient interest
2. depicts sexual conduct in offensive way
3. lacks artistic, literary, political, scientific value

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78
Q

What is the test for incitement to violence

A

Got can forbid speech that advocates use of force or violence if the speech is directed o producing/inciting IMMINENT lawless action or is likely to incite such action- poses a clear and present danger

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79
Q

Test for restrictions on commercial speech

A
  1. commercial speech must concern lawful activity and not be false or misleading
    2; substantial govt interest
    3.regulation directly advances that interest
  2. narrowly tailored
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80
Q

When can media’s right to attend trials be overruled

A

If the judges finds an overriding interest that can not be accommodated by less restrictive means

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81
Q

Is there a constitutional right for media to protect sources

A

NO

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82
Q

Content based regulations of cable broadcasters are subject to what level of scrutiny

A

strict

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83
Q

regulation of internet content is subject to what level of scrutiny

A

strict

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84
Q

disproportionate IMPACT–>

A

rational basis test

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85
Q

discriminatory INTENT–>

A

strict or intermediate scrutiny

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86
Q

Can congress make a law that treats citizens and non citizens differently.

A

YES- b/c congress has power over immigration and naturalization under Article 1. So Congress CAN discriminate against non citizens but states usually CAN NOT

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87
Q

When are judges NOT immune from judicial decisions

A

if the ct clearly lacked subject matter jurisdiction at the time the action was taken

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88
Q

if a federal statute REQUIRES state officials to do xyzzy is it constitutional?

A

NO- violates 10th am, anti commandeering

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89
Q

gag order on trial and closing court room to media must survive what level of scrutiny

A

strict- and there can’t be any less restrictive means to achieve same result

90
Q

retroactive application of an amended civil law is subject to what level of scrutiny

A

Rational basis

91
Q

president’s power over national guard?

A

Congress has power to authorize President to send national guard troops in w/o permission of state governors- in domestic and non emergency situations as well as emergencies.

92
Q

Can an offer for fed employment be rescinded if they find out you belong to a subversive group looking to overthrow the govt

A

ONLY IF you are an active member, you know of the group’s illegal objectives and you specifically intent to further them.

93
Q

what is the ministerial exception

A

protects religious organizations from civil liability for employment discrimination when they hire or fire employees who serve in ministerial roles. This exception applies to any employee whose primary function is to advance the organization’s religious mission (e.g., pastor, parochial school teacher).

94
Q

can states prohibit felons from voting

A

YES Under Section 2 of the Fourteenth Amendment, states may prohibit felons—even those unconditionally released from prison—from voting in elections.

95
Q

what level of scrutiny applies to related persons’ right to reside together in a single household—

A

strict scrutiny

96
Q

are suits against state officials for violating STATE law barred by the 11th am

A

yes

97
Q

does congress have the power to place tariffs on goods from other countries- foreign commerce

A

yes

98
Q

if you lack meaningful opportunity to be heard by neutral decision maker, it is a violation of what

A

Due Process clause

99
Q

if the state court relied on a recent Supreme Court decision to make its decision, can the SC hear the appeal?

A

YES b/c decision was based on federal law

100
Q

can congress issue a tax just on wash dc residents or excluding just Washington DC residents

A

Yes- enclave clause gives Congress plenary (i.e., exclusive) legislative power over the District of Columbia. As a result, a federal statute that prohibits the District of Columbia from imposing an income tax on persons who work there but reside elsewhere is likely to be found constitutional.

101
Q

does congress have the power to tax exported goods- goods leaving the US`

A

NOOO

102
Q

for affirmative action programs, discriminatory programs can only survive strict scrutiny IF

A

1- the govt has a COMPELLING interest in remedying its own discrimination against the group AND
2-the discriminatory program is necessary b/c race neutral methods are unavailable or insufficient.

The govt can’t be remedying “societal discrimination” against the group- it must be its own discrimination

103
Q

when can Congress abrogate state immunity from suit

A

If acting to enforce rights under 14th am- EP

104
Q

If congress conditions federal funds to a state by requiring them to implement certain regulations to get the funds, when is this ok

A

1- as longa as the condition is related to the purpose of the funds
2- condition can’t be coercive- i.e NOT a huge amt of money

105
Q

Congress can delegate power to an agency as long as it provides—–

A

Reasonable standards

106
Q

what does the supremacy law provide

A

If state law conflicts with federal law, fed law governs

107
Q

What are the ways a fed law can preempt a state law

A

1- express preemption
2- implied: congress can pass a law intending to OCCUPY the field or a state law conflicts directly or indirectly with fed law

A state can pass more stringent laws then Feds as long as they don’t conflict

108
Q

general rule of dormant commerce clause

A

A state law may not discriminate against out of state commerce or unduly burden interstate commerce

109
Q

When does a private actor get treated like the govt

A

if carrying out activity traditionally performed by govt
if the activity is intertwined with a state actor/joint action

110
Q

Define the takings clause- 5th am

A

govt may not take private property for public use without just compensation.

govt either physically takes or passes law/regulation that renders land valueless or reduces value.

111
Q

What is exaction

A

local govt compels promises from a developer in exchange for constrution permits

112
Q

What is just compensation in a taking

A

fair market value at time of taking.
It can’t be future use or speculative

113
Q

if the separate gender facilities offered are substantially equivalent then does it violate EP

A

NO

114
Q

Issues to consider for a speech regulation

A
  1. is it expressive conduct?
  2. is it overbroad
  3. is it vague
  4. is it a prior restraint
  5. is it content based–> strict scrutiny
  6. Is it content neutral–> intermediate sc
  7. Is it a time place manner restriction–
    If so, is it in public or designated public forum–> strict sc
    is it in a non public forum–> rational basis
  8. is it a category of unprotected speech
    - incitement, fighting words, defamation, commercial speech, obscenity
115
Q

if laws intentionally target religious conduct, what level of scrutiny?

A

strict

116
Q

in a traditional public forum, when can a govt regulate speech

A
  1. content neutral for subject matter and viewpoint
  2. narrowly tailored to serve significant govt interest
  3. leave open alternative means of communication
117
Q

if a company has set up a company town- with a school just for workers, housing, fire, sanitation, etc… then if they make restrictions are they considered a govt actor

A

Yes b/c doing activities traditionally performed exclusively by the state like running primary elections or governing a company town so constitutional protections apply.

118
Q

a state regulation is NOT unduly burdensome if there is —– and ——

A

no risk of inconsistent regulations by different states AND it imposes equal burden on companies in and out of state
I.E applies equally to all states and not discriminatory

119
Q

where is procedural and substantive Due process in the constitution

A

Section 5 of 14th Amendment

120
Q

When is the only time Congress can allow suits against States

A

If acting to enforce civil war amendments- 13-15th Amendments

121
Q

If the question says “all of these actions took place before the law was adopted” what should that trigger

A

Ex post facto laws

122
Q

The 7th am provides the right to a jury trial at the Federal or State level?

A

Federal only! It has NEVER been incorporated against the states. States CAN deny the right to jury trials

123
Q

what type of govt restrictions on firearms are permissible acc to Supreme Ct

A
  • banning unusually dangerous firearms like grenades
    Issuing conditions on commercial sales of guns
    Banning possession of guns by felons and mentally ill
    prohibiting open carry in areas like schools
    prohibiting concealed carry in public
124
Q

Can Congress ban the states from enacting xyzzy law

A

Fed govt can only exercise powers specifically enumerated by Constitution.
14th Am Section 5 gives Congress power to pass legislation to enforce EP/ Dp but not expand those rights or create new ones.

Enforcement power does not stretch to prohibiting a state law that does not violate the constitution.

125
Q

What power does the article 2 appointment clause give the President

A

Power to appoint principle Federal officers with the Senate consent and approval

126
Q

Is senate approval for Presidential appointment of heads of exec branch agencies or Federal courts required?

A

NO. Congress can delegate that power to the President alone

127
Q

Can states impose reasonable education std on public and private schools and homeschooling including hrs of instruction, min competency

A

Yes

128
Q

What does article 4 of the Priviledges and Immunities clause prohibit states from doing?

A

Discriminating against CITIZENS (not corporations) by denying them a RIGHT OF STATE CITIZENSHIP

129
Q

if a state discriminates against out of state commerce what should that trigger

A

Dormant Commerce Clause- answer may just say Article 1 Commerce Clause

130
Q

Can congress revoke citizenship of a US citizen

A

NO

131
Q

Can Federal agencies like the Department of Defense be taxed by a State?

A

NO- all Fed agencies are immune from state taxation unless Congress expressly consent

132
Q

what power does the 21st amendment give to the states

A

Broad power to regulate the use of alcohol within the state borders. State can prohibit the importation, transportation or sale of alcohol within the state

133
Q

Voter registration, photo Id requirement for voting and not allowing write in voting - what level of scrutiny

A

Rational basis!

134
Q

Discriminatory voting restrictions like poll tax, not allowing 3rd P candidates, property ownership requirements- what level of scrutiny

A

Strict scrutiny

135
Q

If a state law discriminates based on citizenship status, what level of scrutiny?

A

strict scrutiny b/c constitution affords equal protection to all “persons” but a state can not allow non citizens to become police officers or vote or be on jury or be public school teacher

136
Q

Does the President or Congress have exclusive power to recognize foreign governments

A

President and congress can not override his decision about recognizing these foreign governments

137
Q

If the media lawfully obtains and publishes private facts about matters of public concerns are they shielded from civil and criminal liability

A

Yes

138
Q

Can the media be protect from publishing truthful info that was UNLAWFULLY OBTAINED by a third party

A

Yes if
1. the info is about a matter of public concern
2. they did not obtain it themselves unlawfully and didn’t know it was obtained unlawfully

139
Q

What is the non delegation doctrine

A

Congress can NOT delegate the power to make or repeal laws, impeach federal officers or declare war

140
Q

What powers CAN Congress delegate

A

rule making, enforcing regulations
if it provides intelligible principles to guide the agency

141
Q

Can a taking be when the govt takes property rights like easements and liens

A

Yes

142
Q

Under the EP clause, population in each voting district must be ____

A

approximately equal. A deviation of 10% or less does not violate equal protection

143
Q

Does dismissal at a public college require a hearing and notice under due process if it is based on academic performance?

A

No. But if it is for disciplinary reasons, need DP notice and hearing

144
Q

Is compensation for takings required when govt destroys private property (crops) in response to public peril (parasites)

A

NO

145
Q

Is a tax ok if only one state is taxed as long as the industry is taxed uniformly. (i.e. the industry only exists in one state)

A

Yes- tax is ok as long as uniform in application

146
Q

Congress has ___ power over non citizens so laws that treat them differently are subject to what level of scrutiny

A

Plenary power over non citizens so laws treating them differently are subject to rational basis

147
Q

Can congressmen make defamatory statements about the president?

A

no- if the statements are made outside of Congress, then Congressman is civilly liable

148
Q

Can the president make defamatory statements while in office?

A

Yes- absolute immunity from civil suits for actions while in office

149
Q

restrictions on hair or dress in public schools are subject to what level of scrutiny

A

Rational basis- the student has the burden to prove it is irrational and not related to legit reason

150
Q

Parents right to control upbringing and kids’ education is subject to what level of scrutiny

A

Strict

151
Q

if an act of Congress and a treaty conflict, which prevails

A

Whichever is most recently adopted

152
Q

if the constitution and a treaty conflict, which prevails

A

Constitution

153
Q

requirements for standing

A

injury in fact, causation, redressability

154
Q

what is the federal property clause

A

gives contgress power to dispose of and make all rules for territories and other pretty of US

155
Q

Can states place regulations on electors

A

Yes, they can require them to cast their vote for winner of popular vote or punish electors who violate that pledge

156
Q

what does the 15th am cover

A

prohibits denial or abridgment of voting rights based on RACE

157
Q

If person is subpoena’d to testify before congress, can they request presence of counsel

A

Yes, they have all procedural Due Process its include presence of counsel

158
Q

A public university is considered what type of forum

A

limited public forum

159
Q

Can a public university allocate funds to school groups

A

As long as view point neutral

160
Q

For JMOL and renewed JMOL can the court consider the credibility of witnesses or evaluate evidence

A

NO

161
Q

What is the presentment clause

A

President has no authority to amend or repeal laws of congress

162
Q

racial restrictions on voting or unequal representation in voting districts based on age trigger what amendment

A

15th

163
Q

state law is non-discriminatory if it …

A

applies equally to in state and out of state economic activities

164
Q

states can tax people employed or doing business with fed govt unless…

A

tax discriminates against fed govt
the tax substantially interferes with their ability to accomplish it’s federal goals/purpose

165
Q

when do courts have power to determine inter branch disputes involving foreign affairs

A

when they concern the validity of a federal statute

166
Q

elements to determine if an activity has substantial effect on interstate commerce so that congress can regulate it

A
  • if the activity is COMMERCIAL/ECONOMIC- then the substantial effect is presumed

-if there are congressional findings that the activity affects interstate commerce

-if there is a strong link b/ activity and effect on IC

167
Q

Can congress play a direct role in removal of federal officers

A

NO

168
Q

Appointment of main officers of executive agencies vs inferior officers

A

Main officers- appointed by Pres, approved by Senate
inferior officers= appt can be delegated to Pres, Fed Its or head of exec departments.

169
Q

Does Pres have authority to remove federal executive officers

A

Yes, Pres has absolute authority to remove exec officers UNLESS they lack policymaking or administrative authority

170
Q

if ambiguous law has a long history of non-enforcement, a case challenging that law…

A

will lack ripeness

171
Q

what is the non delegation doctrine

A

Congress is NOT allowed to delegate legislative powers- making or repealing laws

172
Q

Congress can delegate rule making authority and enforcing regulations if…

A

if congress provided intelligible principles defining policy, agency and scope- look for the policy congress seeks to advance, name of agency created and scope of that agency’s authority

173
Q

president’s powers in relation to foreign govts

A

Pres and his subordinates are exclusive official representatives in foreign affairs. pres can communicate/negotiate w/ foreign governments, and recognize foreign governments

174
Q

If a state makes a law that clearly discriminates against out of state companies it will only be upheld if….

What to look for in fact pattern

A

the state can prove an important local interest is being served and no other nondiscriminatory means are available to achieve that purpose

Look for if other states have a law that is less discriminatory to achieve the same purpose

175
Q

Barring people from government employment is an example of what

A

Violation of a Bill of Attainer

176
Q

Can states exclude non citizens from certain govt jobs like public school teacher or police officer

A

Yes- based on public function doctrine- just rational basis test

177
Q

is right to an education a fundamental right?

A

NO- so–> rational basis

178
Q

Does the fed got have to abide by state environmental regulations

A

NO

179
Q

how to start a free speech essay

A

The first amendment applies to the states thru the due process clause of the 14th amendment.

180
Q

free speech- strict scrutiny

A

govt must show that the regulation is necessary to serve a compelling state interest and is narrowly tailored to that end

181
Q

speech in public schools

A

speech in schools may be regulated as long as the regulations are reasonable related to legit educational concerns

182
Q

restriction in public forum or designated public forum (including school that opens its doors to after school activities)=

A

content neutral, narrowlily tailored to serve important Gove interest, leave open alternative channels of communication

183
Q

can congress regulate economic activity even if it only occurs in one state

A

YEs= any economic activity

184
Q

when govt infringes on a constitutional right- marriage, abortion

A

think substantive due process

185
Q

fundamental rights that require strict scrutiny for substantive due process

A

right to travel
right to vote
all first am rights
right to refuse medical treatment
marriage, contraception, sexual conduct, family relations, abortion

186
Q

Blahhhhh

A

rational basis

187
Q

is there intermediate scrutiny on substantive due process

A

NO

188
Q

equal protection comes up when…

A

there is a class being discriminated against

189
Q

if fed govt makes racist law- discriminating based on race, then what am does it violate

A

5th b/c 14th am EP is incorporated against Fed govt thru 5th am

190
Q

if congress passes a law that no fruit sellers outside of state A can sell fruit to citizens of state A… designed to stimulate economy in state A- is it constitutional?

A

yes b/c CONGRESS can do whatever the fuck they want under commerce power. A state couldn’t pass this law but congress can

191
Q

under the bankruptcy act, can congress abrogate state immunity

A

YES. Or under 13-15th amendments

192
Q

does the 11th am- state immunity from suit by citizens- apply to states AND state agencies?

A

YES

193
Q

the spending clause permits congress to act for….

A

the general welfare

194
Q

charging more for deer hunter permits to out of state people than in state people?

A

privileges and immunities clause- article IV. And it is constitutional b/c it is recreational NOT commercial

195
Q

would a three percent reduction in the property value due to having to place trees on the property equal a taking if they still have “economically viable use of the land”

A

NO b/c they still have economically viable use of the land then it is NOT a taking

196
Q

if question is specific to corporations, what two answers can you rule out b/c they don’t deal with corporations

A

Priviledges and Immunities clause of 14th am AND
Priviledges and Immunities clause of 4th am

197
Q

purpose of dormant commerce clause

A

To protect IN STATE commerce

198
Q

does a state’s sovereign immunity under the 11th am extend to a federal bankruptcy trustee?

A

No- they (the state) has to turn over any land or whatever to the feds that the fed bankruptcy trustee says to turn over

199
Q

Welfare benefits being taken away requires WHAT

A

PRE-termination hearing!!

200
Q

durational residency requirements- i.e that you must have resided in a state of x amount of time - for a basic necessity of life like medical treatment, think of what?

A

right to travel under 14th AMENDMENT. state is discriminating against you to get basic necessities. NO durational residency requirement is ok for basic necessities but is ok for in state tuition or for divorce requirements but NOT basic medical requirements, welfare.

201
Q

if president thinks national security is threatened, can they seize labor plants

A

Yes

202
Q

The ONLY amendment dealing with PRIVATE companies and race… if you see PRIVATE, think of….

A

13th amendment!!!

203
Q

if you see house or senate being able to revise a bill without bicameral process think…

A

Presentment

204
Q

Article 1 section 4 elections clause allows what

A

Congress to override state laws regarding federal elections- for time place and manner

205
Q

Contracts clause affects what type of contracts

A

Iimits ability of states to enact lawa that retroactively impair contract rights. It does not affect contracts that have not yet been made

206
Q

state legislators have criminal or civil immunity for stuff they say on the floor of congress?

A

Only absolute CIVIL immunity for actions taken pursuant to official legislative functions.

207
Q

is a corp created and controlled by fed govt a govt actor even if it says not a agent of the govt

A

Yes, still govt actor for purpose of Crim pro stuf

208
Q

if you see durational residency requirements in a congressional law- think

A

violation of Right to travel- strict scrutiny

209
Q

time place and manner restrictions…

A

narrowly tailored to served substantial govt interest, leave open alternative channels of communication

210
Q

when will Government holiday displays be upheld

A

rGovernment holiday displays will generally be upheld unless a reasonable observer would conclude that the display is an endorsement of religion

211
Q

can the government provide funding to religious colleges?

A

yes, if the aid is secular in nature (i.e. to aLL colleges,), only used for secular purposes and the distribution criteria is religiously neutral

212
Q

regulations on truthful commercial speech

A

substantial government interest and the regulation directly advances that interest and is narrowly tailored to serve that interest.

213
Q

laws that Congress passes related to decreasing bias to people of different ethnicities or nationalities are permitted under what Amendment

A

t. The Section 5 Enabling Clause of the Fourteenth Amendment permits Congress to pass legislation to enforce the equal protection and due process rights guaranteed by the Fourteenth Amendment, as long as there is “congruence and proportionality” between the injury to be prevented or remedied and the means adopted to achieve that ends

214
Q

In a public fprum, if a govt regulatiom on speech is CONTENT NEUTRAL, what standard?

A

Intermediate scrutiny-reasonable restrictions on time, place, manner narrowly tailored to serve significant govt interest and leave open other channels

215
Q

In a public forum, if a govt regulation on speech is NOT content neutral?

A

Apply strict scrutiny

216
Q

If a defendant is compelled to stand trial in prison clothing what does that violate?

A

Due process

217
Q

Is funding from the govt alone enough to make a school a state actor

A

No. The state must compel the actor to do xyz

218
Q

Can congress play any role in the removal of executive officers

A

No

219
Q

Some things congress can regulate public and private employers for

A

Min wage, max hrs, child labor

220
Q

Can a state ban advertising about an activity in different state that is illegal in the state where advertising takes place

A

No. I.e. can advertise gambling in Vegas in TN

221
Q

A state law that discriminates against non state residents is subject to

A

Strict scrutiny- must be narrowly tailored to meet non protectionist purpose

222
Q

the ministerial exception does not apply to teachers at religious schools in what circumstances

A

If they are only teaching secular subjects at religious schools

Bar Exam (19 decks)

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