Constitutional Law

Question 1

What does the privileges and immunities clause prohibit
(Article IV)

Answer 1

States from discriminating against nonresidents regarding fundamental interests, absent a substantial justification

I.e. those involving important commercial activities or civil liberties

Question 2

How is government speech limited

Answer 2

It’s not

Question 3

Prior restraint

Answer 3

Any regulatory system, injunction, or other action by the government that serves to stop speech from reaching the public

Question 4

When will courts allow prior restraint

Answer 4

1) If the action is narrowly drawn, reasonable, and definite
And
2) there is some special societal harm justifying the restraint

Question 5

Free Exercise Clause

Answer 5

Prohibits the gov from punishing conduct just because it’s religious

If the intent of a law is to punish conduct based on religion it’s invalid

Question 6

Validity Test: Regulation for truthful and lawful commercial speech

Answer 6

1. Regulation serves a substantial government interest
2. Is narrowly tailored to serve the interest, and
3. Directly advances the interest

Question 7

Validity Test: Regulation of symbolic conduct

Answer 7

1. Regulation is within the constitutional power of the gov
2. Regulation furthers an important gov interest
3. The gov interest is unrelated to suppression of speech
4. The incidental burden on speech is no greater than necessary

Question 8

15th Amendment

Answer 8

Prohibits both the state and federal gov from denying the right to vote to any citizen on the basis of race

Question 9

Establishment Clause

Answer 9

Says laws must be neutral towards religion

Question 10

Enabling clause of the the 14th Am

Answer 10

States cannot make or enforce laws that abridge: the privileges or immunities of citizens; that deprive persons of life, liberty, or property without due process of law, nor deny equal protection of the laws

Question 11

Content based regulations of speech

Answer 11

Subject to strict scrutiny

Must be necessary to achieve a compelling government interest that is narrowly tailored

Question 12

The equal protection clause of the 14th amendment applies to the federal government through:

Answer 12

The Due Process Clause of the 5th Am.

Question 13

If a statute is subject to strict scrutiny of a suspect class the usual result of the statute is

Answer 13

Its declared invalid/unconstitutional

Question 14

If you see the government discriminating based on race, what answer choices are you looking for

Answer 14

Equal protection clause of 14th amendment
Or
Due Process Clause of 5th Am.

Question 15

Federal courts can hear cases that

Answer 15

• are between citizens of different states (diversity jurisdiction)
• arise under the constitutional, federal law, or treaty (FQJ)
• when US is a party

Question 16

Which class is alienage

Answer 16

Suspect- subject to strict scrutiny

Unless political function exception applies and gets rational basis

Question 17

Default rule for taxpayer standing

Answer 17

Taxpayers do not have standing to sue on the basis of how money is spent by congress

Question 18

Congress has the power to spend for

Answer 18

The general welfare of the public, under the taxing and spending clause

Question 19

Under what power can congress enact a statute to financially fund an organization

Answer 19

Taxing and spending

Question 20

A government taking requires

Answer 20

Just compensation

Question 21

Dormant commerce clause prevents

Answer 21

States from unduly burdening interstate commerce

Question 22

Where does a presidents power to pardon not extend

Answer 22

To impeachment or states crimes

Question 23

Who is subject to the 14th amendment

Answer 23

Public actors/state action
Not private citizens

Question 24

Trigger words for procedural due process

Answer 24

Notice + hearing

Question 25

Do at will employees have property rights in their jobs?

Answer 25

No only employees that had “legitimate expectations” under the circumstances

Question 26

Standards of Scrutiny for Equal Protection

Answer 26

Suspect class- strict scrutiny - necessary and compelling

Quasi suspect class- intermediate scrutiny - substantially related to important gov interest

Non suspect/quasi suspect - rational basis - rationally related, legitimate gov interest

Question 27

Standard of scrutiny for content regulation on speech

Answer 27

Strict

Question 28

If a state regulation substantially affects interstate commerce it will only be upheld if

Answer 28

1. The regulation pursued a legitimate end
2. The regulation is rationally related to the legitimate end
3. The regulatory burden imposed by the state in interstate commerce, is outweighed by the states interest in enforcing the regulation

Question 29

Is protection of a states economic interest a legitimate state objective

Answer 29

No, when the pursuit of the interest materially affects interstate commerce

Question 30

When will the Supreme Court hear a case from a state court

Answer 30

Only if the state court judgment turned on federal grounds and there is not independent and adequate state grounds

Ex: equal protection clause issue is a state ground, Supreme Court will not hear the case

Question 31

Congress’a power to regulate interstate commerce

Answer 31

Congress May regulate any activity, local, or interstate, which either itself or in combination with other activities has a substantial economic effect upon, or an effect on movement, in interstate commerce

Look for it effecting more than 1 state

Question 32

Why can congress regulate the sale of motor vehicles

Answer 32

Because motor vehicle transactions in the aggregate have significant impact upon interstate commerce

Question 33

Congress passes a bill to do something and includes funds to facilitate it —what are the presidents duties?

Answer 33

Duty under article 2 to see that the laws are faithfully executed

President has no power to decline to spend the funds specifically apportioned by Congress

President had no legislative power in in internal affairs

Question 34

Foreign policy powers

Answer 34

President has broad power over foreign affairs and his power to act for the U.S. in day to day foreign affairs is paramount

Question 35

Privileges or immunities clause of the 14th amendment

Answer 35

Prohibits states from denying citizens the privileges or immunities of national citizenship,

including the right to interstate travel

Question 36

Privileges and immunities clause of article 4

Answer 36

Prohibits discrimination against NONresidents

Question 37

Privileges and Immunities
Article 4 vs. 14thAmendment

Answer 37

Article 4 - can’t discriminate against NONRESIDENTS

14th Am.- can’t discriminate against NEW RESIDENTS (would restricts right of interstate travel)

Question 38

“Taking” - gov reg.

Answer 38

If a government regulation denies a landowner all economic use of his land, this is a taking, and requires the payment of just compensation under the 15th Am.

Question 39

Gov regulations that decrease value of property

Answer 39

Do not necessarily result in a taking as long as there is some economically viable use of the property still remaining

Question 40

Factors court considers on whether a gov regulation is a taking

Answer 40

1) the social goals sought to be promoted

2) the diminution in value

3) whether the regulation substantially interferes with distinct, investment backed objectives

Note:
If statute promotes an important public purpose and does not totally ban the landowner from using his property, the regulation likely is not a taking!

Question 41

Is there state action when government distributes state aid to a private school

Answer 41

Nope, still private conduct

Question 42

13th amendment

Answer 42

No slavery, no involuntary servitude

Allows gov to regulate private conduct and contracts to prevent discrimination

Question 43

Scrutiny standard to apply if statute is made in the attempt to compensate last discrimination to women

Answer 43

Intermediate scrutiny, must be substantially related to an important government objective

Question 44

standard scrutiny when statute effects suspect class

Answer 44

If effect only, but does not target: rational basis

If targets: strict

Question 45

Class action’s representative’s injury becomes moot

Answer 45

Class action does not become moot
Class representative May continue to pursue even if own controversy has become moot

Question 46

When do time, place, manner restrictions on speech go too far with officials

Answer 46

When gives officials broad discretion over speech issues

Question 47

If a statute gives licensing officials unbridled discretion

Answer 47

It’s void on its face
Speakers don’t need to apply for a permit

Question 48

Can speakers be punished for violating a licensing statute

Answer 48

No that’s unconstitutional
No permits for speakers

Question 49

Most persuasive argument for the constitutionality of a statute restricting the Supreme Courts appellate jurisdiction

Answer 49

Article 3 of the constitution explicitly states the Supreme Court appellate jurisdiction is subject to such exceptions and regulations congress shall make

Question 50

Main points of the 14th Amendment

Answer 50

•Citizenship Clause -granted to all persons born or naturalized in the US
•Privileges and immunities Clause
Voting rights
•Equal protection Clause under the laws
Due process Clause -prohibits denying life, liberty, or property without due process of law and gives implied right to privacy