Constitutional Law Flashcards
What is required for Congressional action under the General Welfare Clause?
The GWC empowers Congress to take certain actions in conjunction with its spending powers.
May Congress expand on Article III and Supreme Court original jurisdiction?
No. Article III States that the Court has original jurisdiction in cases involving ambassadors, ministers and consuls, and in cases in which a state is a party.
Congress may not expand this to include more categories. Although Congress does have the general power to decide what types of cases the U.S. Supreme Court may hear.
Who has the exclusive authority to represent the United States in foreign affairs? Even treaties?
The President.
When can non-discriminitory, indirect taxes by the state on the federal government be permissible?
If they do not unreasonably burden the federal government.
What is the process of administering a legislative veto?
The veto must have a majority vote in BOTH houses, and it must also be presented to the President for the opportunity to excercise his veto power.
Can a state sue the United States without federal consent? Can a State regulate the operations of the federal government without federal consent? What are the exceptions?
No and No. The federal government is immune from state suit and regulation.
Exception: A federal officer acting beyond the scope of his powers or in an unconstitutional manner.
Exception: Can sue for innjunctive relief, just not compensatory monetary relief.
What type of test is used to determine whether a restriction on commercial speech is constitutional?
A form of intermediate judicial scrutiny.
Requiring the government to show that the restriction directly advances an important government interest and that the restriction is not substantially more extensive than necesarry to protect that interest.
What type of test is used to determine a content-based speech restriction?
Strict scrutiny.
Does Congress have the authority to enact statutes authorizing states to impose burdens on interstate commerce that would otherwise be prohibited?
Yes.
How may Congress “provide for the general welfare”?
Congress may spend for the general welfare, it may not directly regulate for the general welfare.
The government may regulate speech in public forums with reasonable time, place, and manner regulations. What are the requirements for such regulations?
(1) Be content-neutral (regarding both subject matter and viewpoint);
(2) Be narrowly tailored to serve an important governmental interest;
(3) Leave open alternative avenues of expression.
What are the effects of the Privileges and Immunities Clause of Article IV?
A state may not impose residency or citizen ship requirements on non-residents without demonstrating a substantial interest justifying the classification.
What is a bill of attainder?
A legislatively-imposed punishment.
What is an ex post facto clause?
A rule that makes something illegal that was legal when it was done.
What is the test for a restriction on commercial speech?
Whether the state can show that the regulation directly advances a substantial government interest in a way that is reasonably tailored to achieve that objective.
