Constitutional Law Flashcards
If B is going to be negatively impacted by a proposed state statute, may he bring an action regarding the constitutionality of the proposed state statute in federal court?
No because federal courts may only decide real cases and controversies. They may not issue advisory opinions. The state law at issue is a proposed statute. Therefore, a federal court is without jurisdiction to decide its constitutionality.
What is the Contracts Clause?
It limits the ability of state and local governments to enact laws that retroactively impair contract rights.
*It does not apply to the federal government and it does not apply to contracts not yet made.
What are the basic impairment rules under the Contracts Clause?
Private Contracts: legislation that substantially impairs and existing private contract is invalid UNLESS the legislation (1) serves an important and legitimate public interest, and (2) is reasonable and narrowly tailored to promote that interest.
Public Contracts: legislation that impairs a contract to which the state is a party is tested by the same basic test, but the legislation will likely receive heightened scrutiny, especially if the legislation reduces the contractual burdens on the state.
A recent law school graduate was offered a job as an aide by a state legislator. The legislator told the graduate that before she could begin working, she had to take the following loyalty oath: “I swear to uphold our state and federal Constitutions; to show respect for the state and federal flags; and to oppose the overthrow of the government by violent, illegal, or unconstitutional means.” The graduate told the legislator that the oath is unconstitutional and refused to take the oath.
Is the graduate correct?
The graduate is correct as to the promise to respect the flag, but incorrect as to the other two promises. The SCt has upheld oaths requiring government employees to oppose the violent overthrow of the government and to support the Constitution. However, it has also held that government employees cannot be required to show respect for the flag, as a person might refuse to salute the flag on religious grounds.
What is the purpose of Article 3, Section 2 of the Constitution?
It describes the jurisdiction of the Supreme Court. The Supreme Court has original jurisdiction in all cases affecting ambassadors, other public ministers, and consuls, and in which a state is a party.
When may a court close its courtroom to the public and the press?
Only when closure is necessary to preserve an overriding interest and the closure order is narrowly tailored to serve the overriding interest.
What is Congress’s admiralty power?
It allows Congress to regulate all navigable waterways.
What is an ex post facto law?
It is a law that punishes conduct that occurred before the law became effected. Article I, Section 10 of the Constitution prohibits states from passing ex post facto criminal laws.
