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 through appelate jurisdiction.
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 that declares a group guilty of a crime.
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.
Does the Speech or Debate clause protect those under a government offical making a speech in the senate/congress in the course of the legislative process?
Yes.
Can congress make states pass specific laws?
No. It may condition the receipt of funding upon passing certain laws, but may not directly force states to pass certain laws.
What is rational basis review?
Requires the plaintiff to demonstrate that the means is not rationally related to any legitimate state interest.
When is the Contracts Clause not forbid state laws affecting contractual relations between private parties?
So long as the laws are reasonably related to a legitimate state interest.
Is the Article IV Privileges and Immunities Clause applicable to corporations?
No.
What is strict scrutiny?
The government bears the burden of showing that the regulation is necesarry to serve a compelling state interest, and narrowly drawn to achieve that end.
Is Congress’s power to tax plenary (absolute)?
Yes, a tax measure will be upheld if it bears any reasonable relationship to the goal of revenue generation.
What does the Fifteenth Amendment provide?
The right to vote shall not be abridged on the basis of race or color.
What does the Thirteenth Amendment provide?
Abolishes slavery.
Can a state limit to U.S. citizens functions that are an integral part of the process of self-government (like jury duty)? What basis of review is this type of law?
Yes, it is considered a legitimate purpose under the rational basis test. (Normally this would be strict scrutiny (alienage), but this is an exception.)
When a non-discriminitory state regulation affects interstate commerce, what three elements must it satisfy in order to not violate the Dormant Commerce Clause?
(1) The regulation must pursue a legitimate state end;
(2) The regulation must be rationally related to that legitimate state end;
(3) The regulatory burden imposed by the state on interstate commerce must be outweighed by the state’s interest in enforcing its regulation.
What does the Privileges and Immunitites Clause of Article IV, Section 2 provide?
It addresses discrimination based on citizenship of different states (like state vs. state discrimination, cannot discriminate against residents of other states).
How does the Fourteenth Amendment effect voting rights?
It prohibits a state from limiting access to the ballot to members of particular political parties unless the prohibition is necesarry to further a compelling interest.
