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UBE Bar Exam Flashcards > Constitutional Law > Flashcards

Constitutional Law Flashcards

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1
Q

Supremacy Clause

A

Fed and State Law Conflict = federal ALWAYS wins

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2
Q

10th Amendment Police Power

A

ONLY states have this. Fed gov has NO police power

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3
Q

10th Amendment General Welfare Power

A

States can make laws for General welfare. Fed gov CANNOT do this

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4
Q

Commandeering

A

fed gov cannot require state to act.

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5
Q

Dormant Commerce Clause

A

state is passing law regulating a business, cannot discriminate against out of state business

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6
Q

Dormant Commerce Clause - On its Face Discrimination

A

SS applies, gov shows compelling interest

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7
Q

Incidental Discrimination

A

mid level scrutiny, must have and important gov interest and must not have an excessive burden on commerce

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8
Q

when can states discriminate against out of state business?

A
  1. when Congress lets them. 2. when state acts as a market participant AKA monopolizes industry
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9
Q

Full faith and credit

A

judgment on merits in one state are valid in another state

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10
Q

Original Jurisdiction

A

Congress may not enlarge or restrict the Original Jurisdiction of SCOTUS

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11
Q

Appellate Jurisdiction

A

Congress may enlarge or restrict

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12
Q

SCOTUS & Congress

A

Congress CANNOT tell SCOTUS what to do

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13
Q

Lower federal courts & Congress

A

Congress can create and direct new federal courts

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14
Q

What will stop case from going to federal court?

A

(1) Mootness
(2) Ripeness
(3) Standing
(4) Independent and Adequate State Ground
(5) Political Question/Justiciability

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15
Q

Federal Immunity

A

states CANNOT sue fed gov

  1. States CANNOT tax fed gov, but may tax people who work with fed gov
  2. States can tax private businesses
  3. Individuals cannot sue fed gov, except when fed gov consents via statute
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16
Q

State Immunity

A

fed gov and other states may sue individual state

  1. Fed gov CANNOT tax a state if a gov function
  2. Fed gov can tax a private business
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17
Q

11th Ammendment

A

citizens of one state cannot sue its own state or another state

i. Gov official may be sued
ii. Municipality may be sued
iii. If statute allows citizens to sue, may sue

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18
Q

Interstate Commerce - Balancing Test

A

Burden on interstate commerce outweighed by legitimate state interest

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19
Q

State Action

A

Government must be the one doing the discrimination

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20
Q

13th Amendment

A

Allows suit against private individuals for racial discrimination

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21
Q

Privileges and Immunities Clause

A

Discrimination based on RESIDENCY

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22
Q

15th Amendment

A

Racial discrimination on basis of voting

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23
Q

Equal Protection

A

Discrimination based on classes of people

24
Q

Strict scrutiny

A

Race, alienage, and national origin. Gov has burden to show necessary to achieve COMPELLING state interest

25
Q

Intermediate Scrutiny

A

gender, and illegitimacy; gov has burden to show it is substantially related to an important gov interest

26
Q

Rational Basis

A

everyone else; P has burden to show not rationally related to a LEGITIMATE gov interest

27
Q

Procedural Due Process

A

no person shall be deprived of life, liberty, or property w/o due process of law

28
Q

Procedural Due Process Rights

A

Notice and Hearing if gov tries to take away jobs, license, benefits, and public education

29
Q

Substantive Due Process

A

liberty rights/freedoms of EVERYONE

30
Q

Fundamental Right

A

a. Travel Interstate
b. Vote
c. Privacy Rights – Strict Scrutiny
vi. Raise Family
d. Free Speech

31
Q

Privacy Rights - Fundamental

A

i. Contraception
ii. Abortion – cannot place undue burden
iii. Marriage
iv. Procreation
v. Education (Private)

32
Q

Abortion

A

cannot place undue burden

33
Q

Non-Fundamental Rights

A

Rational Basis, everything that isn’t rational basis

34
Q

State Due Process

A

14th Amendment

35
Q

Federal Due Process

A

5th Amendment

36
Q

Taking

A

Gov can take private property for public use as long as just compensation

37
Q

Just Compensation

A

fair market value

38
Q

Public purpose

A

private person can take property for public purpose

39
Q

i. Diminished value of property

A

Also a taking

40
Q

Establishment Clause

A

separation of church and state

41
Q

Lemon Test

A

(1) secular purpose (2) cannot advance or inhibit religion (3) shall be no excessive entanglement

42
Q

Free Exercise Clause

A

(1) Gov must be neutral (2) cannot break law in name of religion (3) look for gov INTENT vs affects practice of religion

43
Q

Speech

A

Fundamental Right cannot ban, but can regulate

44
Q

Content Based Regulation

A

gov says NO = strict scrutiny applies

45
Q

Content Neutral Regulation

A

regulating time, place, and manner, okay if (1) Significant OR IMPORTANT gov interest and (2) leave alternative means of communication

46
Q

Public Forum

A

significant or important gov interest w/ alt means

47
Q

nonpublic forum

A

ads, reasonable related to legitimate gov interest

48
Q

Obscenity

A

– (1) object person applying LOCAL COMMUNITY STANDARDS appeals prurient issues of sex (2) work depicts sex in a patently offensive manner (3) work acts serious literally, artistic, political, or scientific value

49
Q

Clear and Present Danger

A

not protected, fighting words, harsh actions, to incite violence

50
Q

Commercial Speech

A

if reasonable fit to a substantial gov interest and narrowly tailored

51
Q

False/Misleading advertisements

A

not protected

52
Q

Prior Restraint

A

gag orders, injunctions, before speech is published, unprotected

53
Q

Unfettered Discretion

A

gov official choosing one form of speech over another

54
Q

Overbreadth and vagueness

A

statute cannot be overbroad

55
Q

Bill of attainder

A

fed or state gove passes a law punishing a named individual or group

56
Q

Ex post facto

A

retroactively making something criminal, unconstitutional

57
Q

Contracts Clause

A

only when a STATE impairs the right to enter into contract

UBE Bar Exam Flashcards (13 decks)

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