Constitutional Law

Question 1

Supremacy Clause

Answer 1

Fed and State Law Conflict = federal ALWAYS wins

Question 2

10th Amendment Police Power

Answer 2

ONLY states have this. Fed gov has NO police power

Question 3

10th Amendment General Welfare Power

Answer 3

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

Question 4

Commandeering

Answer 4

fed gov cannot require state to act.

Question 5

Dormant Commerce Clause

Answer 5

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

Question 6

Dormant Commerce Clause - On its Face Discrimination

Answer 6

SS applies, gov shows compelling interest

Question 7

Incidental Discrimination

Answer 7

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

Question 8

when can states discriminate against out of state business?

Answer 8

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

Question 9

Full faith and credit

Answer 9

judgment on merits in one state are valid in another state

Question 10

Original Jurisdiction

Answer 10

Congress may not enlarge or restrict the Original Jurisdiction of SCOTUS

Question 11

Appellate Jurisdiction

Answer 11

Congress may enlarge or restrict

Question 12

SCOTUS & Congress

Answer 12

Congress CANNOT tell SCOTUS what to do

Question 13

Lower federal courts & Congress

Answer 13

Congress can create and direct new federal courts

Question 14

What will stop case from going to federal court?

Answer 14

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

Question 15

Federal Immunity

Answer 15

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

Question 16

State Immunity

Answer 16

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

Question 17

11th Ammendment

Answer 17

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

Question 18

Interstate Commerce - Balancing Test

Answer 18

Burden on interstate commerce outweighed by legitimate state interest

Question 19

State Action

Answer 19

Government must be the one doing the discrimination

Question 20

13th Amendment

Answer 20

Allows suit against private individuals for racial discrimination

Question 21

Privileges and Immunities Clause

Answer 21

Discrimination based on RESIDENCY

Question 22

15th Amendment

Answer 22

Racial discrimination on basis of voting

Question 23

Equal Protection

Answer 23

Discrimination based on classes of people

Question 24

Strict scrutiny

Answer 24

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

Question 25

Intermediate Scrutiny

Answer 25

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

Question 26

Rational Basis

Answer 26

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

Question 27

Procedural Due Process

Answer 27

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

Question 28

Procedural Due Process Rights

Answer 28

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

Question 29

Substantive Due Process

Answer 29

liberty rights/freedoms of EVERYONE

Question 30

Fundamental Right

Answer 30

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

Question 31

Privacy Rights - Fundamental

Answer 31

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

Question 32

Abortion

Answer 32

cannot place undue burden

Question 33

Non-Fundamental Rights

Answer 33

Rational Basis, everything that isn't rational basis

Question 34

State Due Process

Answer 34

14th Amendment

Question 35

Federal Due Process

Answer 35

5th Amendment

Question 36

Taking

Answer 36

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

Question 37

Just Compensation

Answer 37

fair market value

Question 38

Public purpose

Answer 38

private person can take property for public purpose

Question 39

i. Diminished value of property

Answer 39

Also a taking

Question 40

Establishment Clause

Answer 40

separation of church and state

Question 41

Lemon Test

Answer 41

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

Question 42

Free Exercise Clause

Answer 42

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

Question 43

Speech

Answer 43

Fundamental Right cannot ban, but can regulate

Question 44

Content Based Regulation

Answer 44

gov says NO = strict scrutiny applies

Question 45

Content Neutral Regulation

Answer 45

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

Question 46

Public Forum

Answer 46

significant or important gov interest w/ alt means

Question 47

nonpublic forum

Answer 47

ads, reasonable related to legitimate gov interest

Question 48

Obscenity

Answer 48

– (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

Question 49

Clear and Present Danger

Answer 49

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

Question 50

Commercial Speech

Answer 50

if reasonable fit to a substantial gov interest and narrowly tailored

Question 51

False/Misleading advertisements

Answer 51

not protected

Question 52

Prior Restraint

Answer 52

gag orders, injunctions, before speech is published, unprotected

Question 53

Unfettered Discretion

Answer 53

gov official choosing one form of speech over another

Question 54

Overbreadth and vagueness

Answer 54

statute cannot be overbroad

Question 55

Bill of attainder

Answer 55

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

Question 56

Ex post facto

Answer 56

retroactively making something criminal, unconstitutional

Question 57

Contracts Clause

Answer 57

only when a STATE impairs the right to enter into contract