Constitutional Law Flashcards
Expressive Conduct
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).
Public Employees
When a public employee is speaking pursuant to official duties, the government has great latitude to regulate that speech. But when the employee is speaking as a private citizen, the government can restrict that speech only if its interest in efficient government function outweighs the employee’s right to free speech.
Equal Protection Clause - Rational Review
The Equal Protection Clause of the Fourteenth Amendment provides that “no state shall . . . deny to any person within its jurisdiction the equal protection of the laws.” This clause applies only to states and localities. Laws that make classifications based on age are reviewed under the rational basis standard, a test of minimal scrutiny. A law satisfies the rational basis standard if it is rationally related to a legitimate governmental interest. It is not required that there actually be a link between the means selected by the state and a legitimate state objective. However, the legislature must reasonably believe there is a link. Laws are presumed valid under this standard, and the burden is on the challenger to show that a law is arbitrary or irrational.
14th Amendment - Section 5
The federal government may exercise only those powers specifically enumerated by the Constitution. The Fourteenth Amendment, Section Five Enabling Clause permits Congress to pass legislation to enforce the equal protection and due process rights guaranteed by that amendment. However, this clause does not grant Congress the authority to expand those rights or create new ones. In enforcing such rights, there must be a “congruence and proportionality” between the injury to be prevented or remedied and the means adopted to achieve that end. Accordingly, though Congress may override state government action that infringes upon Fourteenth Amendment rights if the “congruence and proportionality” test is satisfied, its enforcement power would not stretch to prohibit a law that does not violate the Constitution. In other words, the proposed law would be both incongruent and disproportionate because there would be no constitutional injury to prevent or remedy.
Commandeering
Congress may exercise only those powers specifically enumerated by the Constitution. Under the Tenth Amendment, all powers not assigned by the Constitution to the federal government are reserved to the states. In theory, this gives the states expansive, exclusive power. In practice, however, the federal government has very broad power to regulate the states. As long as Congress is exercising one of its enumerated powers, Congress may regulate the states, within certain limits. However, Congress cannot “commandeer” state legislatures by commanding them to enact specific legislation or enforce a federal regulatory program. Congress is also prohibited from conscripting a state executive officer directly.
Taxing and Spending Power
Although Congress cannot command state legislatures, it can encourage state action through the use of the taxing and spending powers. The spending power has been interpreted very broadly, but is subject to five limitations. First, Congress must spend for the “general welfare,” which amounts to any public purpose. Second, the condition must be unambiguous. Third, the condition must relate to “the federal interest in particular national projects or programs.” Fourth, the condition must not induce the states to act in an unconstitutional manner. Finally, the condition may not exceed the point at which “pressure turns to compulsion.”
Defamation of Public Officials
Press Immunity
Story of Public Concern
