Constitutional Law Flashcards
Can Congress put conditions on the federal funds that they give to the states?
Yes, also long as it meets rational basis. (reasonably related to a legitimate government interest.)
and as long as it’s not unduly coercive.
What does the Taxing and Spending Clause allow Congress to do?
Tax and spend for the general welfare.
What can congress regulate regarding Interstate Commerce?
CIA
C - Channels
I - Instrumentalities
A - Activities that substantially effect Interstate Commerce
What are Economic Protectionist Statutes?
A state law that favors in-state business over out-of-state business.
Almost always unconstitutional unless Congress gives their blessing.
If the regulation doesn’t directly discriminate against out-of-staters or foreign nations, what is the balancing test that the court uses?
The reasoning for the state regulation against the Commerce Clause.
When can the states discriminate against out-of-staters in regards to Commerce?
- When the court allows it.
- Market participant exception (unless congress does not allow it.)
Can States grant their citizens greater protections than Federal Law does?
States are allowed to grant their citizens greater protections unless Congress says no.
What is the presumption regarding Congress occupying.the field?
The presumption is that Congress did not intend to occupy the field. Congress must show their intention.
Rule: If you lose in state court, ________________
you appeal to the next highest state court.
What are the three parts to standing?
1) Injury-in-fact - Present injury, not future.
2) Causation
3) Redressability
When does a seller of goods have third party standing?
A seller of goods has third party standing when the rights of the customers are adversely affected.
When may the Supreme Court review a decision from a state court?
1 - There is a final judgment from the State court.
2 - The judgment had to come from the highest state court.
3 - A substantial federal question was raised.
4 - The decision by the state court did not rest on adequate and independent state grounds.
Congress __________, the President ______________
pays for the military;
as commander-in-chief, tells the troops where to go.
Who is eligible for a presidential pardon?
A federal offender or someone threatened with federal charges.
Can’t be pardoned for a state charge by the president.
When can a state discriminate against resident aliens?
Important government functions. (School teacher, police officer, being in a jury.)
Procedural Due Process -
The state can not deprive you of your life, liberty, or property, there must be proper notice and hearing.
What is the Procedural Due Process balancing test?
Is the interest being taken away outweighed by the risk of error if no hearing is granted?
Explain the Contracts Clause
The Contracts clause only applies to state laws, prohibiting them from retroactively and substantially impair already existing contracts UNLESS the state law serves an important government interest and its narrowly tailored.
Ex Post Facto Clause only _________________
Deals with criminal cases.
Equal Protection Clause ____________________;
Substantive Due Process ____________________.
applies to state laws;
applies to federal laws.
Content based restrictions on speech are _________________
presumptively unconstitutional and held to a strict scrutiny standard.
When are Commercial Speech Restrictions allowed?
As long as they serve a substantial government interest and is narrowly tailored.
Libraries are ___________________.
Non-public forums (not historically associated with free speech.)
*Weak rational basis standard of review and viewpoint neutral.
Does the press have a right to publish information about a matter of public concern? If so, how can that be restricted.
The press has a right to publish information about a matter of public.
Can only be restricted by a narrowly tailored sanction designed to further a state interest of the highest order.
What’s the new establishment clause rule?
The Establishment clause compels the government to pursue a course of neutrality towards religion.
- Can’t sponsor religion (aid or advance religion)
- Can’t directly or indirectly coerce citizens to exercise or refrain from following religion.
A questionable action may be upheld if it’s supported by history and tradition (including if the founders would deem it permissible).
