Constitutional Law Flashcards
What is the dormant commerce clause
The dormant commerce clause leaves states free to regulate interstate commerce where Congress has not so long as the regulations do not (1) discriminate against out of state commerce (2) unduly burden interstate commerce or (3) purposefully regulate extraterritorial activity
What must a state show to create a valid discriminatory law
the regulation (1) serves an important local interest and (2) no other nondiscriminatory means are available to achieve that purpose
What is the Comity Clause
The Comity Clause provides that the citizens of each state shall be entitled to all privileges and immunities of citizens in the several states
What rights does the Comity Clause protect
Noncitizens are protected against discrimination with respect to fundamental rights or essential activities, such as employment, transfer of property, and access to state courts.
When can a state discriminate against nonresidents without violating the Comity Clause
The state must show (1) a substantial reason for the difference in treatment and (2) that the discrimination practiced against nonresidents bears a substantial relationship to the state’s objective
What is the uniformity requirement for taxes
Indirect federal taxes (sales taxes, import taxes, and duties) must be geographically uniform throughout the US. The product or activity must be taxed identically in ever state. Differences in state law do not destroy this uniformity.
What is the apportionment requirement for direct taxes
A direct tax (property) would have to be apportioned evenly among the states.
What are the requirements for TPM restriction in a public forum
the restriction must be content neutral as to subject matter and viewpoint, narrowly tailored to serve a significant government interest, and leave open ample alternative channels for communication
What is the standard of review of content based regulations
Content based regulations will only be upheld if the regulation is necessary to achieve a compelling governmental interest and is narrowly tailored to meet that interest
What kind of tax can Congress not levy
export taxes
What are fundamental rights under substantive due process
1A, voting, interstate travel, privacy, the right to appeal a criminal conviction
What are ordinary rights under due process
Economic, employment, education, social welfare
When is an individual liable for an organization’s illegal conduct
(1) active member of a subversive organization and (2) know of the organization’s illegal objectives and (3) specifically intend to further those objectives
When does the Supreme Court have original jurisdiction
(1) cases involving foreign ambassadors, public ministers, or consuls and (2) cases in which a state is a party. Congress has granted lower federal courts concurrent jx over cases except for controversies between two or more states
What are actions Congress may take pursuant to its war and defense powers
Exclude civilians from sensitive or military areas, implement a military draft, impose wage/price/rent controls on the private civilian economy
When is the media protected against liability when it publishes truthful information that was unlawfully obtained by a third party
(1) the information involves a matter of public concern and (2) the publisher neither obtained it unlawfully nor knows who did
When can the government limit the speech of a public employee
If the employee is speaking as a private citizen on a matter of public concern, the government can only limit their speech if its interest in efficient government function outweighs the employee’s right to free speech
When does a taxpayer have standing
A taxpayer has standing to litigate whether, or how much, she owes on her tax bill or when challenging specific authorized government expenditures as violating the Establishment Clause
What can congress regulate under the Commerce Clause
channels, instrumentalities, and any activity that substantially affects interstate commerce
What do courts consider when determining whether there is a substantial economic effect
(1) activities are economic in nature (2) regulation has a jurisdictional element that limits its reach (3) express congressional finding (4) strong link between the regulated activities and that effect
What can Congress do under 14A
Enact legislation to enforce rights guaranteed by 14A, can remedy and deter violations, but cannot expand or limit those rights
What is an exaction under the Takings Clause
local government conditions the issuance of a building or construction permit on a landowner’s promise to dedicate part of the property for public use
When does an exaction NOT require just compensation
(1) essential nexus and (2) rough proportionality
What does it mean that states cannot impair the obligations of contracts
This prohibition applies to state legislation that retroactively impairs the contractual rights. Impairment by the state of a public contract must be reasonable and necessary. The state must show that its important interest cannot be served by less restrictive alternatives and that the impairment is necessary because of unforeseeable circumstances.
