Constitutional Law

Question 1

What is the dormant commerce clause

Answer 1

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

Question 2

What must a state show to create a valid discriminatory law

Answer 2

the regulation (1) serves an important local interest and (2) no other nondiscriminatory means are available to achieve that purpose

Question 3

What is the Comity Clause

Answer 3

The Comity Clause provides that the citizens of each state shall be entitled to all privileges and immunities of citizens in the several states

Question 4

What rights does the Comity Clause protect

Answer 4

Noncitizens are protected against discrimination with respect to fundamental rights or essential activities, such as employment, transfer of property, and access to state courts.

Question 5

When can a state discriminate against nonresidents without violating the Comity Clause

Answer 5

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

Question 6

What is the uniformity requirement for taxes

Answer 6

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.

Question 7

What is the apportionment requirement for direct taxes

Answer 7

A direct tax (property) would have to be apportioned evenly among the states.

Question 8

What are the requirements for TPM restriction in a public forum

Answer 8

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

Question 9

What is the standard of review of content based regulations

Answer 9

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

Question 10

What kind of tax can Congress not levy

Answer 10

export taxes

Question 11

What are fundamental rights under substantive due process

Answer 11

1A, voting, interstate travel, privacy, the right to appeal a criminal conviction

Question 12

What are ordinary rights under due process

Answer 12

Economic, employment, education, social welfare

Question 13

When is an individual liable for an organization’s illegal conduct

Answer 13

(1) active member of a subversive organization and (2) know of the organization’s illegal objectives and (3) specifically intend to further those objectives

Question 14

When does the Supreme Court have original jurisdiction

Answer 14

(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

Question 15

What are actions Congress may take pursuant to its war and defense powers

Answer 15

Exclude civilians from sensitive or military areas, implement a military draft, impose wage/price/rent controls on the private civilian economy

Question 16

When is the media protected against liability when it publishes truthful information that was unlawfully obtained by a third party

Answer 16

(1) the information involves a matter of public concern and (2) the publisher neither obtained it unlawfully nor knows who did

Question 17

When can the government limit the speech of a public employee

Answer 17

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

Question 18

When does a taxpayer have standing

Answer 18

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

Question 19

What can congress regulate under the Commerce Clause

Answer 19

channels, instrumentalities, and any activity that substantially affects interstate commerce

Question 20

What do courts consider when determining whether there is a substantial economic effect

Answer 20

(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

Question 21

What can Congress do under 14A

Answer 21

Enact legislation to enforce rights guaranteed by 14A, can remedy and deter violations, but cannot expand or limit those rights

Question 22

What is an exaction under the Takings Clause

Answer 22

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

Question 23

When does an exaction NOT require just compensation

Answer 23

(1) essential nexus and (2) rough proportionality

Question 24

What does it mean that states cannot impair the obligations of contracts

Answer 24

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.