Constitutional Law Flashcards
What are the exceptions for standing for taxpayers?
This narrow exception arises when the taxpayer:
challenges legislation enacted under Congress’s taxing and spending power and
alleges a violation of a specific constitutional limitation on this power—to date, the only limitation on this power that the Supreme Court has found is the First Amendment establishment of religion clause.
How does the Pike balancing test function in dormant commerce clause analysis?
Under the Pike balancing test, a nondiscriminatory law will be upheld unless the challenger shows that the law’s burden on interstate commerce clearly exceeds its local benefits.
What is the effect of the state-action doctrine?
a private actor qualifies as a government actor when (1) the private actor performs a traditional government function or (2) the government is significantly involved in the private actor’s activities. Significant involvement exists when the government:
has a mutually beneficial relationship with the private actor (e.g., joint venture)
creates a nexus by affirmatively facilitating or authorizing private action (e.g., through a police officer acting under color of law) or
is pervasively intertwined in the private actor’s management or control.
What does article IV protect?
State discriminates against citizens of other states & interferes with rights of state citizenship:
Travel/reside in state
Pursue employment
Practice commercial trade/business
Own/transfer property
Seek medical services
Civil liberties
Creditor’s rights
Tax exemptions
What does the 14th amendment protect as it relates to the privileges and immunities clause?
State interferes with its citizens’ rights of national citizenship:
Interstate travel
Assemble peacefully
Vote for national offices
Enter public lands
Petition Congress for redress of grievances
Protection when in custody of U.S. Marshal
When does a physical taking occur?
When the government (or a third party authorized by the government) permanently and physically occupies private property—regardless of the public interest it may serve.
A content regulation uses what standard of review?
The regulation must be necessary to achieve a compelling governmental interest
When does state action arise for a private entity?
When the private person or entity carries on activities that are traditionally performed exclusively by the state, such as running primary elections or governing a company town.
Expressive conduct is subject to a lesser degree of protection. A governmental regulation of expressive conduct will be upheld if…
(i) the regulation is within the government’s power to enact, (ii) the regulation furthers an important governmental interest, (iii) the governmental interest is unrelated to the suppression of ideas, and (iv) the burden on speech is no greater than necessary (i.e., is narrowly tailored).
The comity clause of AIV, which deals with privileges and immunities of state citizenship, does what?
Prevents a state from imposing a residency requirement for private employment.
When may a civil law become an ex post facto law?
The courts will determine this based on the weight of the following factors.
imposes an affirmative disability or restraint (e.g., imprisonment) (not seen here)
has historically been regarded as punishment (e.g., public shaming)
promotes the traditional aims of punishment (e.g., retribution)
is rationally related to its nonpunitive purpose*
Implied preemption occurs through…
field preemption – when Congress intended to completely occupy a particular field by legislating so thoroughly that it left no room for supplementary state regulations
direct conflict preemption – when it is impossible or nearly impossible to comply with both federal and state law or
indirect conflict preemption – when the state law frustrates the purpose of the federal law.
A public employee can only be terminated for cause has a property interest in the employment. What is required to ensure due process in a termination?
notice of his/her alleged misconduct
a pre-termination opportunity to respond to that allegation and
a post-termination evidentiary hearing to determine if the termination was warranted.
A regulatory taking occurs when the government
substantially restricts the use of private property (based on the totality of the circumstances) or
deprives an owner of all economically beneficial use of the property but the owner retains possession
How does the militia clause affect the national guard?
Under the militia clauses, Congress has the power to authorize the President to call state National Guard units into action without the approval of the state governor to execute federal laws, suppress insurrections, or repel invasions.
Membership in a subversive organization requires
that the person is an
is active member
knows of organization’s illegal objectives and
specifically intends to further them
May a suit for injunctive relief proceed against a state officially in a suit over a violation of state law?
No. The 11th Amendment is a complete bar.
Younger abstention applies when declaratory or injunctive relief is sought in federal court. What are the requirements of Younger abstention?
This doctrine requires abstention when such relief would interfere with a pending state proceeding on any criminal matter or a particular civil matter* that:
involves an important state interest and
provides an adequate opportunity to litigate the federal issue(s).
What test does a federal court use to analyze a state law that prohibits the exercise of a fundamental right based on an individual’s wealth?
Strict scrutiny
Can congress tax exported goods?
No
The Article IV, section 3 property clause gives Congress complete power to dispose of and regulate federally owned land and territories. What relation does this power have to private property?
This clause includes the power to regulate private property that affects federal public lands when such regulation is necessary to protect those lands—e.g., by prohibiting the erection of structures that completely enclose federally owned land.
What is a federal officer?
someone who (1) holds a continuing public office and (2) has significant discretionary authority to administer or enforce laws (i.e., executive powers).
Who may appoint a federal officer?
The president
