Constitutional Law Flashcards
Does the Constitution require a statutorily prohibited action to be directly related to federal funds?
No. Congress may enact legislation that is necessary and proper to execute its spending power, including criminalizing activity regarding misappropriation of funds.
Can Congress create new constitutional rights which are unrecognized by the Supreme Court?
No, Congress can only enforce constitutional rights as declared by the Supreme Court.
Neither the Article IV Privileges and Immunities nor the 14th Amd. Privileges and Immunities Clauses apply to who?
Neither privileges or immunities clause applies to corporations.
What clause gives states the right to discriminate against recreational hunters and fishers from out of state with higher license fees?
Article IV Privileges and Immunities Clause is the basis for discriminatory licensing against out of state recreational sportsmen.
Who does the Dormant Commerce Clause apply to when a state discriminates?
Only out of state commercial actors.
How does opening private property to the public change its character as a forum for 1st Amd questions?
Opening of private property to the public does not convert it into a public or limited public forum.
Where in the Constitution does it permit Congress to override state laws concerning federal elections?
The Elections Clause in Article I Section 4.
For protections under the 14th Amendment and Contracts clause, who must be the actor?
The states.
What does the 13th Amendment abolish?
Slavery and its “badges and incidents,” including racial discrimination in private transactions
If a statute allows a House/Senate committee to repeal or revise an agency’s regulations, why is it unconstitutional?
Because a legislative veto violates bicameralism and presentment.
What does the Dormant Commerce Clause require of states?
Not to discriminate against out-of-state commerce and
not constitute an undue burden on interstate commerce.
The First Amendment gives a city what rights against adult entertainment?
Regulating them, but cannot impose a blanket ban on all adult entertainment establishments.
If an offeree sends an acceptance and later a rejection, the acceptance will control even if the rejection was received first unless,
The offeror detrimentally relies on the rejection.
Nondisclosure of a known fact that affects a basic assumption of a buyer, produces what result?
It makes a contract voidable by the buyer.
If the seller makes an honest mistake by misrepresentation, what is the effect on the buyer?
The buyer has the right to void the contract.
Contracts with minors are voidable by who?
Only by the minor.
Necessities for minors only include what three things?
Food, shelter, and in some cases educational expenses. Not cars.
When may an intended beneficiary sue to enforce a contract?
Only after her rights are vested.
When do the rights of an intended beneficiary vest?
When the beneficiary (i) detrimentally relies on the rights created; (ii) manifests assent to the contract at one of the party’s request; or
(iii) files a lawsuit to enforce the contract.
A seller has the right to cure a defective tender only if
(i) the time for performance under the K has not lapsed, or
(ii) the seller had reasonable grounds to believe the buyer would accept the goods despite the nonconformity.
Absent reasonable grounds for a seller to believe a buyer would accept nonconforming goods, can a seller ship after a deadline specified in the contract?
No.
