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Statements of Law > Constitutional Law > Flashcards

Constitutional Law Flashcards

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1
Q

In the context of Free Speech, most public property (other than streets, sidewalks, parks, and designated public forums) is

A

a limited public or nonpublic forum.

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2
Q

The government may regulate speech in limited and nonpublic forums for their intended government use when

A

(1) viewpoint neutral
(2) reasonably related to a legitimate government purpose

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3
Q

The steps/grounds of a government building are

A

a limited public or nonpublic forum

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4
Q

For limited public and nonpublic forum regulations, who and what is the burden?

A

Plaintiff has the burden of proving the regulation has no reasonable relation to legitimate governmental purposes, i.e. no reasonable basis for the regulation.

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5
Q

Article 4, Section 3

A

Property Clause giving Congress the power to “make all needful rules and regulations respecting the territory or property” of the United States

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6
Q

Powers - Judiciary - Limits on Subject Matter Jurisdiction

A
  • Advisory Opinions but Dec. Judg
  • Ripeness
  • Mootness
  • Standing
  • Federal Grounds
  • Abstention
  • Political Questions
  • Eleventh Amendment
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7
Q

Powers - Judiciary - Ripeness and Factors

A
  • bars claims before developed

fitness (i) uncertain future enforcement or (ii) immediate impact pending enforcement
hardship (i) risk to provoke enforcement

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8
Q

Powers - Judiciary - Mootness

A
  • bars claims after resolved
  • (i) real, live controversy (ii) all stages
  • Except, capable of repetition (i) short duration (ii) Defendant can resume
  • proponent burden of no live controversy
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9
Q

Powers - Judiciary - Justiciability

A
  1. Case and Controversy, binding judgment on parties
  2. Ripe and Not Moot
  3. Standing
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10
Q

Powers - Judiciary - Standing

A
  1. Injury in Fact,
  2. Causation, fairly traceable to D
  3. Redressability
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11
Q

Powers - Judiciary - Injury in Fact

A

Concrete
Particular
Impending Harm

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12
Q

Powers - Judiciary Power - Redressability

A

relief would remedy or stop injury

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13
Q

Federalism - States - Sovereign immunity

A

11th Amendment + federalism
State immune from suit
must consent
express consent by statute
structural consent US suit
Exceptions
- state officials in off capac
- Congress civil rights
- local gov/agency

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14
Q

Powers - Supreme Court - Appellate Jurisdiction

A

Gen, S.C. ultimate arbiter of fed law
appeals from State high court decided on fed law

Except, no hear if adequate and independent state grounds
state ground adequate support jdmt, ex. dismiss on state proc grounds
state ground independent of fed law, ex. only state law rules/reasons

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15
Q

Powers - Congress - Legislate (Make laws)

A

Art. 1 s. 8

enumerated power + necessary and proper

no general welfare or police power

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16
Q

Powers - Congress - Spend Money

A

spending or condition okay if
clear-notice, not coercive
general welfare
relate to fed gov. interest
not unconstitutional by violate rights

17
Q

Powers - Congress - Regulate Commerce

A
  1. channels, e.g. I-10
  2. instrumentalities, e.g. persons, things, past/future travel on I-10
  3. activities that sub. affect interstate commerce (i) intrastate economic activity in aggregate (ii) intrastate noneconomic activity with commercial jurisdictional element
18
Q

Powers - Congress - Delegatation

A

Proper
1. minor questions, intelligible standards
2. major questions (extra econ or pol sign), clear authority

Improper
1. grant Prez legislative veto, violat bicam and presentm
2. retain Congress executive veto, violate presentm

19
Q

Powers - President - Domestic Executive

A
  1. no force Prez to enforce law
  2. Implied Power, (i) Congress express (ii) Congress acquiescence (iii) contra-Congress
20
Q

Powers - President - Foreign Executive

A
  1. commit troops
  2. 2/3 treaties v. fed law (most recent is supreme)
  3. Executive Agreements (can’t conflict fed law)
21
Q

Powers - Congress - Legislate - Commandeering

A

violate federalism
compel state pass/repeal law or force state official give fed. program
but use spending

22
Q

Powers - Federal v. State - Preemption

A

Fed law Supremacy

  1. Express “all state law is preempted to the extent”
  2. Implied Preemption
    (i) direct conflict
    (ii) frustration
    (iii) field
23
Q

Rights - Privileges and Immunities - Article 4

A

P&I of several states that person visits
cannot deny the citizens of other states fundamental rights
(i) pursue a calling or trade

or discriminate temporary residents because would impair second component of right to travel
(ii) own and sell property
(iii) new residents receive benefits of state citizens

but can for voting

24
Q

Rights - Privileges and Immunities - 14th Amendment

A

My move from CA to TX violates 14th P&I, “not from here”
Rights of U.S. citizenship

State can’t impair right to travel
1. transient movement, enter state and leave another
2. temporarily present, treated as welcomed visitor, not hostile
3. entering seeking residency (new resident), treated equally as native-born state citizen

25
Q

Powers - State - Dormant Commerce Clause

A

Prohibit State protectionism statutes

Classification/Discriminate
1. Facial or Purpose - discriminate interstate commerce (burden out of state to benefit in state)
Test: State burden, necessary to legit local benefit not preferential commercial benefit AND no non-discriminatory means

Equal application for in and out state commerce
2. Burden - incidental v. unduly burden
Test: burden outweighs benefits, look to nature of benefit (public safety) and alternate means that get benefit and reduce burden

Exc. market participant can favor local over other
Exc. Congressional action in area moves to preemption analysis

26
Q

Rights - State Action through Private Action

A
  1. private excercise traditional state function, e.g. police, prison, school
  2. state pervasively entwined with private through association, funding
27
Q

Suspect Class Qualifications

A
  1. historical discrimination, prejudice, stigma, stereotyped
  2. unchangeable trait
  3. highly visible trait
  4. in minority, political powerless
  5. distinguishing character no affect on societal contribu.
28
Q

Rights - Equal Protection Review

A

no fundamental right/not suspect class(Age, disability, wealth, pols)/discriminatory intent = P burden not rational basis = action not rational related to legit interest

quasi-suspect class (gender, illigit children) = gov burden intermediate = action sub. related (or narrowly tailored not overbroad) to important (significant) interest

suspect class (Race, Naty, Alienage, Religion)/fundamental right = gov burden strict scrut = action nec. to compelling interest

29
Q

Rights - Due Process - Procedural

A

5th = federal
14th = state

right to notice that reason calcul notice of adverse impact interest,
right to hearing after balance interest and gov. practical efficiency
right to neutral d-m’er no bias risk of bias
b4 intentional/reckless deprivation
life
liberty - phys./legal freedom, excer. rights
property - real/personal, reas continued receipt of gov. ben tenured employ welfare

30
Q

Right -

A

Statements of Law (15 decks)

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