Constitutional Law Flashcards
Who has authority to remove federal executive officers?
President has absolute authority to remove federal executive officers.
What’s standard for commercial speech?
Commercial Speech: (1) advance substantial gov int; (2) not more extensive than necessary (reasonable fit).
What is overbreadth doctrine?
Law is unenforceable if it restricts a substantial amount of protected speech
What is standard for free exercise of religion?
Free exercise uses strict scrutiny for direct and rational basis for incidental.
When is there an implied cause of action?
Recovery against federal official if it’s a 4th, 5th or 8th amendment claim.
What is Bill of Attainder?
Bill of attainder= legislative acts that punish specified persons or identifiable groups.
What is federal government immune to from state?
Federal Government, including agencies and instrumentalities, is not subject to state and local taxes or regulations in the absence of congressional consent.
What can congress not tax?
Congress cannot impose taxes on exported goods/services and activities closely related to the export process.
Can a state sue the federal government?
Yes as long as it is not for monetary damages (injunction is ok).
Which amendment prohibits federal government from directing state to do something?
10th amendment
How long is the tenure and how do you remove a federal judge?
Federal judge tenure is life long. May only be removed through impeachment, not through president.
What’s the equal protection exception for non-citizens and conducting political functions?
Political function exception: rational basis to state laws that restrict non citizen participation police/teacher etc.
What are the rules on veto?
The power belongs to president. President has10 days to veto, if fail to veto, the law will pass. However, if congress is adjourned, and then president fails to veto, then the law doesn’t pass.
Veto can be overridden by congress via 2/3 vote.
Do organizations have standing on behalf of organizations?
Yes.
When does the supreme court have original jurisdiction?
When case involves ambassadors, public ministers, consuls or state party or state vs state.
