Constitutional Law Flashcards
Cabinet secretary asks Supreme Court to interpret meaning of federal treaty. Can the court hear the case?
No. Cannot render advisory opinion.
Plaintiff seeks a declaration on law not enforced for 80 years. Can federal court hear case?
No. Not ripe.
FDA requires labeling drugs and failure would result in criminal and civil penalties. Drug company seeks declaration that FDA lacked authority. Can federal court hear case?
Yes. Case is ripe because there is a substantial hardship.
Strip club that city sought close closes. Owner of strip club retires. Can owner bring an action for First amendment against city in federal court?
No. Case is moot.
Prisoner seeks to challenge prison conditions. Prisoner files suit. Sentence is served and prisoner is released. What should court do?
Dismiss. Case is moot. Not an on going injury.
A city sets up six voting districts with different number of voters. One district has 50,000 and another 10,000. Taxpayers from one district seek to enjoin the city from holding an election on grounds that voting is disproportion. Best grounds for constitutional challenge?
Denial of equal protection. Cannot have state dilution of voting. Look for size of variance, very strict.
Congress passes a law denying benefits to disabled persons who marry non-disabled spouses. A disabled person marries a person who is not disable and is denied benefits. Best constitutional grounds for challenge.
Due process of fifth amendment. Act of congress is key.
A state passes a law denying benefits to disabled persons who marry non-disabled spouses. A disabled person marries a person who is not disable and is denied benefits. Best constitutional grounds for challenge.
Equal protection of 14th amendment.
A protestor dumps trash out during a speech to make a point. Protestor fails to clean up trash. Later protestor is charged with littering and seeks to defend conviction on constitutional grounds. Result?
Lose, because prosecuted for conduct and not what was said.
Regulation of conduct must be independent of speech.
Congress passes a law that if troops are deployed in another country the President must return the troops in 60 days or seek a declaration of war. Congress’s best grounds for constitutionality?
balance between the legislature and executive branch in shared control over the armed forces.
Citizens seek to enjoin state legislature from expending moneys in violation of establishment clause. The legislature moves to dismiss. Result?
Granted, because the Eleventh Amendment bars this type of action against a state.
State legislature is the state.
Would be ok if suing state officials.
A man with a history of hallucinations is walking on sidewalk and strikes a woman with a bottle causing injury. The woman sues for battery. The man’s best defense?
Man did not know he was striking a person. Would lack intent if man did not know woman was a person.
Self-defense is not available - must be reasonable.
A worker places a drug in the boss’s drink as a joke. Boss has severe reaction and is taken to hospital. Hospital negligently releases the boss who drives into an wall and suffers injuries. Boss sues the worker for injuries. If jury finds that the accident was not foreseeable, what result?
Find for Boss because worker intended for the Boss to ingest the drug. This sets in motion a force that brings harm to Boss.
An employee carelessly dropped a coin into a popcorn bag. A mother bit into the coin and it caused her to remember her son’s hospitalized after swallowing a coin. The mother sues the employee’s company over the emotional distress. Result?
Lose, because mother suffered no actionable harm. Need actionable harm for negligent infliction of emotional distress.
A technician improperly strapped a patient to a table. During the testing, the patient fell from the table because the bolts connected to the straps failed. The patient sues the table manufacturer on strict liability. Result.
For the patient because the table was dangerously defective.
ordinary negligence dose not relief manufacturer from liability.
Chemical plant carefully stores chemicals in state-of-the-art tanks that leak into ground and contaminants the drinking water. This causes the city to spend more money on a water filtration. The city sues the chemical plant. At close of city’s case, the chemical plant moves for a direct verdict. Should the court grant the motion?
No. If the court (not the jury) determines that as a matter of law the storage of chemicals creates an foreseeable risk of serious harm even if reasonable care is exercised.
A state law prevents stores from selling glue to people under 18. A 16-year old who knows about the dangers of sniffing glue, goes to a store and purchases glue. The store owner believed that the kid was 19. The parents sue the store owner. The store owner alleges the kid assumed the risk. Successful defense?
No. Assumption of risk is not a defense when a statute specifically protects a class of persons.
Here the store owner is liable.
A private citizen speaking on a matter of public concern was misquoted by a newspaper. This causes distress to the citizen who seeks to sue the newspaper over defamation. The citizen will win if?
Proves that the newspaper was negligent as the statement’s truth or falsity.
A state bans clergy from holding local office. An elected clergy brings suit for constitutional violation. Result?
Violation of first amendment - free exercise of religion
A local ordinance states that all parades are subject to obtaining a permit. The permit requires an application and a fee. The discretion to grant rests with the sheriff. A protest group seeks a permit and is denied. They allege constitutional violations. Result?
Violation of prior restrains on speech under first amendment.
A public employee is fired for reporting wrongdoing to superior as required by office policy. Employee asserts constitutional challenge. Likely result?
Not a restriction on free speech. Result for government agency. If reporting was a letter to editor, then there would be a violation of free speech.
State passes a law banning accountants from in-person solicitation. An accountant seeks to challenge the law on grounds of a violation of constitutional rights. Likely result?
invalid restriction on commercial speech. Commercial speech that is protected can be regulated to protect a substantial government interest that is narrowly tailored to advance the interest.
State law bans advertising any price for alcohol in newspapers. The advertised price was not false or misleading. Is the restriction on advertising permitted under the constitution?
No invalid restriction on protected commercial speech.
City bans adult bookstores from being within 1000 feet of schools, churches, and parks. An owner alleges a constitutional violation because less than 5% of city is available.
Ok regulation of speech. Not a constitutional violation.
The import-export clause applies to the authority of a state to tax what?
foreign commerce, not interstate commerce
A federal law makes possession of bald eagle feather without a permit to be a crime. A member of religion that uses the eagle feathers in rituals is found with a feather and no permit. Strongest constitutional grounds for prosecution?
Statute is neutral law that only incidentally burdens rights under the first amendment.
A city sets up six voting districts with different number of voters. One district has 50,000 and another 10,000. Taxpayers from one district seek to enjoin the city in state court. State Supreme Court ruled formulation is constitutional under state and US constitutions. Case appealed to Supreme Court. Should Supreme Court hear case?
Yes, but only the federal issue and not the state issue.
Supreme Court may grant certiorari to review a case from highest state court if the state’s statute validity is called into question by US constitution.
A student brings a class action in federal court challenging the residency requirements for in-state tuition. At trial, the student satisfied the residency requirement. The university files a motion to dismiss as moot. Ruling?
Denied. There is a live case and controversy. This is a class action, and class representative may continue to pursue even if their own case was moot.
A state sets up an in-state messaging system to deliver letters between state employees for personal and official uses. Is the state’s messaging system constitution?
No, violates federal monopoly given over postal services. Need Congress’s authority to grant exception.
A treaty is made between the president and a leader of another country. The Senate ratifies it. One year the other country violates the treat and the president declares treaty to be void. Is the President’s action constitutional?
Yes, under the foreign policy powers of the President. Broad power.
A foreign national completes a degree at an university and upon graduation seeks an job at the university. State law requires all university employees to be US citizens. The foreign national sues and state defends under the Tenth Amendment. Result?
State citizenship requirement is unconstitutional because citizenship is not necessary to achieve a compelling state interest. Tenth amendment applies only to powers not reserved to state, citizenship is given to federal government.
A state, with legitimate interests, passes a law that any merchant selling goods within the state that are made outside of US must pay a $50 tax and add a label regarding origin. A foreign corporation sues the state officials. Constitutional?
No, unconstitutional. Regulation of foreign commerce is exclusively a federal power.
State law bans televisions that consume a large amount of energy. A foreign corporate challenges the law as unconstitutional. Result?
Valid under dormant state commerce clause because it is non-discriminatory.
No privileged and immunities of Article IV, because it is a corporation and foreign national.
Federal government sought to protect animals in national parks and prevents hunting of any animal which leaves a national park. A hunter with a valid hunting license shoots a deer which left a national park on state land. Does the police powers of the federal government encompass protection of wild animals?
No federal police powers.
This regulation would related to the necessary and proper clause to carry out constitutional authority (regulate federal lands)
Husband and wife were professors at the US naval academy. Husband gave a speed criticizing US naval policy and was fired. The wife sued the naval academy for violating her husband’s right of free speech and right to due process. Naval academy moves to dismiss. Result.
Granted. Dismissed because wife has no standing.
A resident alien noticed that he was never called for jury selection. He researched and found no alien’s have ever been on a jury in the county. He sues county officials to compel them to include aliens in venire panels. Result?
Will not succeed, because jury duty is a privilege and may be denied to aliens.
Would have standing to sue because alleging a constitutional violation of equal protection.
A company is adversely effected in gather natural resources due to the state run power company in an adjacent state. The company convinces its home state to sue the adjacent state in the US Supreme Court seeking an injunction. Result?
Allowed. State can act on its own behalf to protect natural resources within state.
Controversies between states are brought in the US Supreme Court.
15 people were protesting a government policy. A dozen people gathered to counter-protest. 50 police in riot gear met the protestors. The leader of the protester made a vocal denouncement that caused both sides to become more vocal. The police tell the leader to end the speech because it will result in a riot. Leader refused and is arrested and convicted. Leader appeals on constitutional grounds. Result?
Conviction will be reversed because the leader’s arrest constituted an interference with First Amendment. Can only restrict speech when the police are unable to control an unruly crowd.
Congress allocated $5 million to be exclusively for one research purpose. A state university received funds for a program that involved the research purpose along with other purposes. Justice department seeks to enjoin university from spending the money. Result?
Expenditure by university is unconstitutional because it violates the Supreme Clause. When congress regulates for an exclusive purpose it must be strictly complied with, substantial conformity is insufficient.
Does a post suspension of a driver’s license for driving while intoxicated violate due process?
No. States have a compelling interest to prevent drunk driving. Suspension of license is deriving of a property interest, but compelling interest prevails.
Can congress spend money to accomplish goals that are not part of enumerated powers? If so under what power?
Yes. Can spend money for the common defense and general welfare.
Can Congress condition grants of money for states based on activity that does not effect interstate commerce?
Yes. Congress can tax and spend for general welfare.
Rational basis standard to establish a federal interest.
Tenth amendment is not violated.
Congress enacted a statute to provide grant money for states to buy new police cars within their jurisdiction. Is this a valid exercise of the 1) commerce clause power or 2) power to tax and spend for the general welfare?
power to tax and spend for the general welfare
- fewer restrictions that commerce clause
A state statute may not place an ______ upon interstate commerce.
undue burden
- if it does then it violates the commerce clause
What are three examples of state statutes that always violate commerce clause?
1) cannot pass a law that affect interstate commerce that protects local economic interest
2) state cannot totally bar export of natural resources
3) can only ban import of harmful product
Strongest constitutional arguments for challenging prosecution of a federal statute that prevents prohibits publication of price information set by a federal agency. Due process, commerce, or first amendment?
First amendment.
- commerce clause is not a limit on federal power.
State law allows slot machines in mall. A group of citizen were upset because this violates their religion. The ask Congress to pass a law to outlaw slot machines in malls. Congress also makes a factual finding that activity has a substantial economic effect on interest commerce. Is a court likely to uphold Congress’s law?
Yes - only need a rational basis to regulate interstate commerce
- a substantial economic effect is needed to regulate economic or noneconomic intrastate commerce
