constitutional law Flashcards

Question

Simbol speech

Answer 1

The conduct **intended to communicate a message,** and the audiences was **likely to understand the communication** is protected as speech. If the goal of the law is unrelated to the suppression of free expression, and the goernment has a substantial intrest at stake.

Answer 2

Hate speech protected and the statute will be strictly scrutinized # A state could ban all fighting word,but cannot select fighting words based only on certain types of hatred such as race regulation of hate speech A state ban true threats that is word or acts that communicate the speaker's intent to commit unlawful violence to a particular individual fro

Answer 3

Under the 1st Amendment of the Constitution, every person has the right to the free exercise of his or her religion. the free exercise clause **prohibit** the government from **punishing** a person or entity **on the basis of religion**. This includes denying begnefits. Any governent action that **discriminates against religion** or prefers one cect over another , is subject to strict scrutiny meaning the government will have a burdent of showing it is necessary to achieve a compelling interest. While the regulation is neutral without its intent to discriminate is subject to the reational test **///**meaning the P have to show it does not rationally related to achieve the legitimate government purpose

Answer 4

Freedom of association although it is not mentioned explicitly in the constitution it is clearly implied from the rights that are explicitly noted. The government **may not punish** a citizen **for his group association** or **require disclosure of group membership to chill association unless it meet strict scrutiny**. Preventing people from getting together to further illegal activities has long been considered a justification for restriction on freedom of association. Here, P join the association with the specific intent to further illegal action.

Answer 5

AMENDMENTS 1 2 right to keep and bear arms 3 no soldier shall be quartered in any house 4 criminal the 4th amendment protect people against unreasonable searches and seizures by the government without valid warrant unless a warrant exception applies 5 indictment of grand jury, shall not subject to be twice put in jeopardy of life or limb, witness against himself / due process / taking witout just compensation 6 right to a speedy ad public trial by an impartial jury /obtaining witness/ have the assistance of counsel 7 right of trial jury 8 excessive bail, fine 9 10 The powers not delegated to the United state by the constitution nor prohibited by it to the States are reserved to the States respectively or to the people 11 sovereign immunity 12 elector 13 slavery 14 all persons born or naturalized in the united states and subject to the jurisdiction thereof are citizens of the US and of the State wherein they reside No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the US nor shall any state deprive any person of life liberty or property without due process of law nor deny to any person within its jurisdiction the equal protection of the laws 15 vote (MBE) federal question do

Answer 6

Congress has the feneral power to decide what types of cases the US Supreme Court may hear as long as it doesnot expand or reduce the original jurisdiction established by Article 3 section 3 of the Constitution. the Supreme court shall have appellate jurisdiction under such regulations as the Congress shall make. The statute at issue is ...

Answer 7

P will argue that the promotion is establishment of religion since,,,, Under the establishment clause, the government is prohibited from the establishment of religion, unless the government shows it passes three facters of the Lemon test 1 has secular purpose 2 the action does not have the effect of inhibiting or advancing religion 3 does not involve further government entanglement in religion Cf while the tax may have secular purpose and the avancment of religion is not its primary effect, the tax is an excessive entanglement with reilgion.therefor *program that requires constant monitoring would be an excessive entanglement and .*

Answer 8

the 13th amendment Congress has the power under the 13th amendment to prohibit **slavery and the badges of servitude** the 13the amendment is directly applied to the states and prohibits states from subjecting any person to **involuntary servitude.** here However the state will argue that The court may balance the interests of the state against the burden of the individual to determint ht constitutionality of making A work. The state interest don't appear too outweigh the interests of A because

Answer 9

The equal protection clause of 14th Amendment **prohibit** the state and local government **from treating similarily situated persons differently based on classification** among them. It is applied to ***federal government through the due process of the 5th*** *amendment 14th never applied to federal officer!!* There are 3 levels of scrutiny to analyze the constitutionality of government act under equal protection. 1) If a suspect classification or fundamental rights are involved The government must prove The mean is the least rescrictive to achieve a compelling objective 2) If quasi suspect classification is involved, Under intermediate scrutiny a law will be uphelded if the government prove that it is substantialy related to an important government purpose. 3)

Answer 10

If a suspect class is involverd and there is discriminatory intent , the court applies strict scrutiny . Discriminatory intent can be shown when 1)the classification is discriminatory on its face or 2)discriminatory in its application or 3)has a discriminatory motive behind it. 1)facial discrimination is a law that is discriminatory on its face and language. This type of law makes an explicit distinction between classes of persons. 2) Discriminatory application means that although a law may appear to be **neutral on its face** it will be applied **in a different manner to different classes o persons.** 3) A discriminatory motiev exists when action appears neutral on its face and in its application but will have disproportionate on a particular class of person

Answer 11

he 14th Amendment does not apply to a private entity unless it perform some traditional governmental function or The government has become much envovlved. The grant of money itself is not enough involvement

Answer 12

race, alienage race based classification will only be subjective to strict scrutiny if the legislature has intentionally discriminated against one race in favor of the other affirmative action will be strictly scrutinized government interest is compelling only if 1) in redressing past discrimination by government 2) a university's interest in student body diversity event the purpose is compelling,

Answer 13

classification based on alienage (non-citizen) Alienatge is a suspect class however, if the classification relates to participation in **self-government and domestic process** only rational basis review (rationally related to a legitimate government interest.) is applied (voting, serving on a jury, police officer,state trooper, public school teacher, juror , deputy probation officer or any other position with a direct effect on the functioning of government)

Answer 14

will be strictly scruinized government interest is compelling only if 1) in redressing past discrimination by government 2)a university's interest in student diversity

Answer 15

1 right to vote 2 right to be a political candidate 3 access to courts 4 right to travel

Answer 16

The Supreme court has not recognize right to a political candidate as fundamental right However laws ragulated these right will be invalidated by the equal protection or 1st Amendment

Answer 17

2)Fundamental right (for equal protection) right to vote The **15th Amendment** provides that the right to vote shall not be denied by any states on the basis of **race or color.** LIMITED TO DISCRIMINATION OF THE RIGHT TO VOTE BASED ON RACE OR COLOR\ The **19th Amendment** provides that the right to vote shall not be denied by any states on the basis of sex**.** the 14th amendment prohibit a state from **limiting access to the ballot to members of particular political parties.** different from fundamental right in the substantive due process context(right to related to privacy) special purpose district willnot be strictly scrutinized as to restriction of vote right. direct limit on right to vote(not right to a political candidate) violate 15th amendment

Answer 18

right to be a political candidate(ballot access) quasi fundamental except 1)restriction that substantially and unfairly limit the ballot access of minor parties or independent candidate 2)restrictions that are based on wealth access to courts strict scrutiny will be used for the access relates to a criminal cases the access to various family law proceeding right to change her state of residence or employment( so called right to travel) if state imposes a substantial waiting period on newly arrived residents before they can receive some vital government benefit. -------------------------------------------------------

Answer 19

If quasi suspect classification is involved, plaintiff must show a _discriminatory purpose behind the regulation_ in order to trigger _intermediate scrutiny_(not merely a disriminatory effects)which requires the _government to prove_ that the action is substantially related to an important government interest.

Answer 20

there must be rational relation between the classification and legitimate governmental objective statutes that are not based on h1)a suspect classification, 2)donot involve a quasi suspect category 3)donot impair a fundamental right Education (# except complete deprivation of publec education)

Answer 21

It it more likely that political minorities will be less proficient in English so this requirements have been used in the past to disenfranchise minority voters as a class.

Answer 22

Procedeural Due process The Due Process Clause of the 5th 14th Amendment prohibit that the government from taking an individual's life, liberty,or property without proper procedure. The issue here is whether the things being taken constitutes "property" There is property interest where a contract is in place or there is a practice or understanding that the employee may only be terminated for cause.

Answer 23

The Due Process Clause of the 5th 14th Amendment prohibit that the government from taking an individual's life, liberty,or property **without proper procedure.** Typically , procedural safeguards include notice, a hearing, and /or the right to have an attorney. **Under the procedural due process analysis,** **1 the first issue is** whether the plaintiff had a constitutionally protected liberty or property interest. Deprivation of liberty**; if there is the loss of significant freedom provided by the Cons ## don't forget if there is constitutional issue ,the procedure itself will be the reason for the 14th** Deprivation of property ; if a **reasonable expectation to** continue receipt of benefit is not fufilled * Public employment will be a property interest when there is a state statute that creates a public employment contract or there is some clear practice that an emplyee can be terminatesd only for cause.* * P would need to show that her termination was in relation for her speech* 2 If the plaintiff has a protected interest, **then court will balance the following interest** in that the court will balance 1 the interest **affected** 2 the **accuracy** increased by the additional procedures, 3 the government interest in administrative **efficiency.** balancing test the strength o the plaintiff's interest in receiving the procedural safeguard is weighed against the government's interest in avoiding extra burdens. Therefore P could successfully challenge the stattute under the procedural due process.

Answer 24

property includes not only personal belonging but legitimate claim or entitlement to the benefit

Answer 25

Substantive due process requires the government to have **adequate reaso**n (substantive basis )for taking life liberty or property. Generally requires that state laws be reasonably related to legitimate state purpose, **Privacy is a fundamental right** protected under substantive due process. Therefore when government interfere with privacy generally the strict scrutiny applies . exceptions right to abortion which is tested by undue burden test right to engage in private consensual homosexual activity and right to refuse medical treatment which the court did not articulate the level of scrutiny

Answer 26

If they are denied to everyone... it is substantive due process problem if they are denied to some individuals but not to others,.. it is an equal protection problem, Ans, There is no general right to be a candidate that the SC has een willing to recognize as fundamental and reviewed under rationality standard, Specifically Restriction on the ability of persons to be candidates must be examined to se if they violate either the first (right to speech ,association)or 14 th amendment rights. *The stattute ingringes on the right of political association by completely barring and individual from assosiating themselves with a party , this triggers strict scrutiny,and the statute will be struck down unless the government proves that the statute is necessary to achieve a compelling interest.*

Answer 27

The recognized privacy rights are the right to marry the right to use birth controlled the right to live to live together with your family the right to direct the upbringing and education of your children

Answer 28

the 5th amendment taking clause prohibits **the government** from taking a person's property for public use without just compensation. **This restriction is applicable to the states through the 14th amendment.**

Answer 29

TAKING per SE A total taking is an actual physical occupation by the government (physical taking) or where the owner has been denied all economical use of the property. PARTIAL TAKING whether partial taking or regulation under its police power(doe not need to pay) depends on whether **the interference with use is significant enough to constitute a taking**. The courts apply a three factors **balancing test** 1) government interest 2) the nature of government regulation 3) the degree of interference with the landowner's **investment backed expectation** * #To avoid a taking challenge* * the court would have been wise to issue a use variance just for the property or an amortization,* * #the land is still valuable for residential uses. Further, the fact indicate that there are not investment backed expectations.* #temporarily land use restrictions is not likely to be taking #give back test; substantially advance the government objective , rough proportionality between the burdens on the public that the building permit would bring about and the benefit to the public

Answer 30

if the government acted out of reasonable belief that the taking would benefit the public, it is for public use #the property is turned to some private user does not prevent public use

Answer 31

If there is taking, it can compensate the loss to the owner in the fair market value of property

Answer 32

Generally, Local government has the police power to enact zoning ordinances so long as they are **reasonably related to a legitimate** government purpose, *it is clearly ordinance related to a legitmate government interest in..and would most likely be upheld unless it is taking.*

Answer 33

An amortization allows **a nonconforming use** to **persist until** ownership of the property changes. To mitigate the impact of sudden zoning change.

Answer 34

An **variance** allows a **nonconforming use.** The variance is granted, if the owner shows there is **undue hardship** and variance will not work to **detriment toward surrounding property value.** zoo varia nonco undu detriment amotization **variance / not apply the regulation to the specific use** **amortization/apply the regulation but permit till finish of amortization(償却）**

Answer 35

CONTRACT CLAUSE(ARTICLE 1 sec.10) 1 public contract if the state is trying to escape from its own financial obligation test; reasonable and necessary to support an important public purpose \> 2 private contract government interferes an existing private sector contract test ;mere rationaly test

Answer 36

prohibit both state and federal government from passing ex post facto law(a law which has retroactive punitive effect)

Answer 37

A bill of attainder is a law that directs the punishment of a specific person or persons without trial # pure regulation without purpose of punishment

Answer 38

10th amendment provides that **the powers not delegated to the US by the constitution nore prohibited by it to the state**, are reserved to the states respectively or to the people. the federal government has only limited **enumerated powers** that he US constitution gives. **The concept of federalism embedded in the 10th amendment** **prevents Congress from requiring states to enact laws.** However , Congress may encourage state to enact certain laws via Congress spending power by imposing reasonable conditions 1)**related to** the public welfare on the grants of federal funds 2)as long as the state is free to accept or reject the grants.

Answer 39

“**“congruence and proportionality** to the the 13rd Amendment (which outlaws slavery and badges of slavery,which applies to pro vate individuals ) \*eliminating the power of states to enforce slavery within their borders. the 14th Amendment (whic contains the equal protection and due process clause for states) 15th Amendment(which prohibits state from enacting racially discriminatory voting laws) **Limitation to the congress power** Congress may legislate only ageinst **state action(not private action)** to enfoece the rights guaranteed by the Amendment *# Congress may ban the use of literacy test in state and national elections even though they are not themselves always unconstitutional.*

Answer 40

The Supreme Court has complete discretion to hear cases that come to it by writ of certio rari. The cases that may be heard by ceriorari include 1) cases frome highest state courts hwere the constitutionality of federal statute, federal treaty or state statute is called into question or a 2)state statute allegedly violate fedeal law and 3)all case from federal courts of appeals. Even if there is a federal question in the state court case the supreme court **may not review the case if** there is an **independent and adequate state ground** for the state court decision. If a state court decision **is not based on federal law**(**independent**) and the supreme court'**s reversal of the federal law ground** **will not change the result in the case**.(its opinion would in effect be an advisory one)(**the ground is adequate**) if state court doesn't judge the federal constitution (constitutionality) including if the state court interprete the state version of the clause is broader than that of federal version (it won't effect on the interpretation of the federal constitution.

Answer 41

Article 6 of the US constitution , provides that the State Laws that contradict Federal laws are void 1 if a state law is **inconsistent with** a valid federal law covering t**he same subject matter** the state law is invalid. 2 if the states' prohibition or allows **thwart** the federal intent the state action is invalid. 3 if the federal rule is **intended to replace(preempt ) state common law**, the state law is invalid.

Answer 42

the 5th amendment right not to be subject to a criminal trial without a grand jury indictment the 7th amendment's right to a jury trial in civil cases the 8th amendment right against excessive fines

Answer 43

The Necessary and proper clause gives Congres power to make all laws necessary and proper unless it is expressly prohibited by another provision of the Constitution and so long as the means is rationally related to constitutionally specified objective. For congress to act , there always muste be bicameralism(passage by both the House an the Senate) and presentment(giving the bill to the President to signe or veto)

Answer 44

No ## Footnote Under Article 1 Section8, Congress has the power to **spend for the general walfare** Congress has the power to **lay and collect taxes for the general welfare** although it **may not _regulate_ for the general welfare.** **Hoever, Congress may attach conditions on the receipt of federal funds.** under the Necessary and Proper Clause Congress **has the power to make all laws necessary and proper** so long as the means is constitutional.

Answer 45

Congress has the power **to lay and collect taxes provided for common defense and general welfare.** *Even though the 50 %tax high , the means is constitutional so long as it is rationaly related to object.* no relation needed between activity taxed and how funds are spent they must be uniform throughaout the US

Answer 46

Congress has power to make all laws necessary and proper for carrying into execution any power granted to any branch of the federal government,

Answer 47

Article 1 section 8 Congress to regulate commece with **foreign nation** and among **the several states** and with the Indian tribes. A federal law must regulate under one of 4 categories, **1) channel** of interstate commerce 2**)instrumentalities**a of interstate commerce and persons anda things in interstate connerce, 3) **articles** moving in interstate bommerce 4) **activities** that when aggreagated that have a substantial effect on interstate commerce

Answer 48

Under the Commerce Clause in the US constitution, Congress has the authority to regulate interstate commerce. It include the **channel** of interstatecommerce(road,railways,waterways) the **instrumentalities** of interstate commerce(trucks, boat, airplans, the internet) and **economic activities** that when **aggregated** have a substantial effect on interstate commerce. That power also creates **a limitation on each state's ability to pass laws** that affect interstate commerce, which is called the Dormant Commerce Clause.

Answer 49

(1-8-3 Congress has power to regulate commerce **with foreign nations** and among the several states, and with Indian tribes.By negative implication, CC restricts states power to regulate interstate commerce(called Dormant CC)) A state may regulate interstate commerce if federal law does not preempt the state regulation. And so long as its statutes **do not discriminate against** out of staters if the state regulation **discriminates on its face** against out of staters, it violates the DCC unless 1) the regulation is **necessary** to achieve an **important** state interest and that there is **_no less discriminatory option_**, or 2) A state is acting **as market participant** If the regulation does **not discriminate** against out of staters it usually will be upheld so long as it does not **unduly burden interstate commerce**, Unduly Burden Interstate commerce A nondiscriminatory state law may be invalid if the **burdens on interstate commerce outweigh the promotion of legitimate state interest**. In balancing the state law purpose against the burden on interstate **the court consider less restrictive alternative**. dont forget standing and smd Privileges and immunities of article 4 (PIA4) The 14th Amendment privileges or Immunities (14PI)

Answer 50

**_Privilege and immunities clause_** of Article 4 State may not discriminate against out ot state citizens with **respect to fundamental rights** unless there is a substantial justification and no less restrictive means(NIN). court have found the **_right to earn a living_** to be an important commercial interest chgh as licence fee(not hobby such as hunting , golf) \* here there is no exception such as market participant Don't forget equal protection * (short) The equal protection prohibit the state and local government from treating similarily situated persons differently based on classification among them.if the classification is based on race or national origin, then the state must meet strict scrutiny.if the classification based on gender , then intermidiat scrutiny will be usede.Any other classification will only need to meet a rational basis test.* * Here P will be unagle to argue ...*

Answer 51

**denying the privileges or immunities of national citizenship .** the privileges or immunities of national citizenship is **fundamental right such as right to vote for federal officers ,right to interstate travel, right t opetition Congress for redre**ss of grivances the restriction will be subject to **strict scrutiny** Cf state durational residency requirement 14 th Amendment Privilege s or immunities State may not restrict access to vital government service(cf welfare benegits ) to new comers because such laws would interfere with a citizen's fundamental right to travel from state to state/

Answer 52

Generally no. However the 13 Amendment ,which prohibits slavery and the badges of servitude, would be the sourdce of power for Congress to regulate private action. congress shall have the power to enforce the 13th amendment, 14th amendment and 15th amendment by passing the statute that relies on the amendment. However cannot simply make a crime for one private person to practice ordinary racial discrimination against another.

Answer 53

Yes ## Footnote Under the Article 2-2 the president has power to appoint all ambassadors, other public ministers and cousuls judges of the SC and all other officers of the US, with the advaice and consent of the Senate. Congress may appoints its own officers to carry on internal legislative tasks, but it not appoint members of a body with administrative or enforcement powers. \*the Congress has power to appoint inferior officers

Answer 54

No The 10th Amendment provides that all powers not delegated to the federal government by the US Constiution are rsereved to the states. This federalism principles protect state governments from being commandeered by the federal government.

Answer 55

original **exclusive** jurisdiction of the Supreme court bases between statas original jurisdiction of the Supreme court (Article 3 section 2 clause 2) all cases affecting **Am mini con st o** **a**mbassadors, other **p**ublic ministers and consuls(領事） of foreign countries. and cases in which a **s**tate is a party. congress cannot add or reduced original jurisdiction 3) shall have **appellate jurisdiction** , both as to law and fact with such exceptions, and under such regulations as the congress shall make Congress may place certain limits on both the SC's **appllate** jurisdiction and on the jurisdiction of the lower federal courts. Congress cannot take and **add** original jurisdiction.

Answer 56

Advisory Opinion A federal court may not render advisory opinions on the constitutionality of proposed action or legislation, but may grant a declaratory judgment when the challenged action poses a real and immediate danger to a party's interests. Cf if the executive power is free not to follow the court judgement the judgement is nothing more than issuing adversary opinion

Answer 57

Article 3 section 2 of the US Constitution state the Supreme Court has original jurisdiction over cases invonving foreign ambassadors , public ministers and consuls and those in which a state is a party.

Answer 58

in all case not falling within the SC's original jurisdiction(but falling within the federal judicial power), in all other cases before mentioned(i.e. arising under the Constitution, Act of Congress, or treaty) the supreme court shall have appellate jurisdiction both as to Law and Fact **with such exceptions and under such Regulations as the Congress shall make.** #the Congress has the general power to decide what types of cases the SC may hear **as long as it doesn't expand the court's jurisdicttion beyond the federal judicial power** as established by article 3,2. Cf can eliminate diverse jurisdiction but cannot add jurisdiction to those citizens of the same state Under Article 3 of the constitutional federal courts shall have judicial power over all cases and controversies arising under the constitution, laws or treaties of the US The Supreme court has discretion to hear cases that come to it by writ of ceriorari including cases from the highest state courts where the constitutionality of a federal statute federal treaty or state statute is called into question or a state statute allegedly violates federal law.and 2all cases from federal courts of appeals

Answer 59

11th amendment (principals of sovereign immunity) the 11th amendment bars **_any federal suit_** to seek **money damages** against any one of the states by citizens. _(distinguish from **sovereign immunity** that bars suit against states in state courts or federal agencies)_ However the state may be suit if 1) state waives its sovereign immunity 2) the law suit is brought pursuant to **federal laws adapted under 13th, 14th or 15th Amendmen**t(civil war clause only) * congress cana override state sovereign immunity by statute using its enforcement powers under 14-5* 3) lawsuit by federal government 4) bankruptcy proceeding 5) suits against local government(county, city) or **state officers in their individual capacity** unless the state treasury will be paying can suit in state court declaratory judgment is not included # **congress may pass the statute that allow suiting States pursuant to its remedial power under the 13 th ,14th or15th amendment** (may not such as commerce clause)

Answer 60

There is no general federal police power, unless it involves (1) legislation for the military, (2) Indian tribes, (3) federal land and territories, or (4) legislation for the District of Columbia.

Answer 61

he entire federal executive power is vested in the president under article 2 section1 1 issue executive orders (will be valid unless it is inconsistent with constitution or statute) * The president cannot direct people's action(go outside the executive branch) without congressional authorization* * @ falls within the president's plenary executive power for the purpose of* 2 make treaties (only if two thirds of the senate approves) the President and his subordinates alone has the authority to represent the US in foreign affairs. 3 can appoint or remove all federal officers congress cannot appoint or remove(except impeachment) federal officers by itself, but can decide **who appoint** inferior officers. #Congress can remove any officer and judges by impeachment house must vote by a majority and senate vote by a a two third vote #the appointment must be approved by the Senate to take effect

Answer 62

the President has the power to appoint a temporary presidential commission as long as powers given to the commission are either **advisory only** or are l**imited to those powers properly exercesed by the executive branch** $ Commissions The president is given the power to appoint federal executive officers. the task performed by commissions are primarily executive and its members are officer of US **since enforcement is an executive power**, the members must be appointed by the president. Congress cannnot appoint members of a **committee with administrative or enforcement power** the fact that some of the member is appointed by congress void that power,

Answer 63

1 there always must be **bicameralism(passage by both the House and Senate)**and **presentment (giving the bill to the president to sign or veto)** legislative veto is unconstitutional (since Congress vote to cancel statute deprives the P of veto any newly passed statute) President can't be given a line item veto President can't make a law for example seizure order **2 constitutional delegation of legisla**tive authority (Don't forget!) congress may delegate some of its power to the president or the executive branch as long as 1) s**tate objectives** and 2) **specify adequate criteria** \*\**unlikely to be striken out* Cf federal agencies get the right to formulate regulations

Answer 64

No! ## Footnote Members of congress are given broad immunity by the speech or debate clause that shield members from civil or criminal suites **relating to their legislative actions** **and grand jury investigations relating to those actions.**

Answer 65

The president may vetoes the bill entirely. (Line item veto are always unconstitutional.) Neverthless, if Congress passed it over his veto by a two thied vote if each house, the bill will be enacted

Answer 66

a qualified right to refuse to disclose confidential information relating to their performance of their duties

Answer 67

only states ## Footnote prohibits **state** courts from relitigating cases in which the courts of another state have rendered final judgment. Cf enforce the money judgement the furst states judgment must be honored no matter what

Answer 68

Yes ## Footnote A public employee has a 1st Amendment right to speak on a matter of public concern unless the employer"s action interfere with the functions of the government,

Answer 69

**Article 1 section8** congress has the right to lay and collect taxes to pay the debts and provide for the **genral walfare** **Article 2 section 2 clause 1** the President shall have the power to grant pardons except in cases of impeachment. **Article 2 section 2 clause 2** the treaty power **article 4 section 3** **Congress has the power to make regulations to protect federal property** **Article 6 section 1 clause 2** The Supremacy clause

Answer 70

Congressional veto is a statute reserving for Congress the ability to override, by simple majority vote, legistlative veto on the part of one chamber of the legislature violate both **the principle** **of bicameralism embodied in Article I, Section 1 and Section 7,** **and the presentment provisions of Clauses 2 and 3 of Section 7** for the opportunity to exercise his veto.

Answer 71

commerce is defind as every species of commercial intercourse

Answer 72

public forum **public formum** is public property that has historically been open to speech related activities. *(ex. park sidewalk)* **limited public forum** is public property that has not historically been open but government **makes available for speech related activities**. *(ex. bulletin board)* *the space on city buses used for the posting of placards qualifies as a designated public forum because it is public property that thte city has decided to open for an expressive use.* ***Non public forum*** * Ex airport terminal, jails,military bases, the insides of courthouses,and governmental office buildings* * private property such as shopping center*

Answer 73

＃2つ目以上の理由は、裁判所がそちらを支持する理由にする The court will likely side with AA because ＃何も書くことがないときは何かを落としている Standing など＃Standing 以外の本当に主要な論点から書く #what arguments may the OWF reasonably raise in support of its claim? のときは誰もStanding に触れていない問に答えるところから始めると間違えない。定型論点は後からできるだけ短く書く＃STATEがアクターのときには１１条を必ず検討する＃Due Process Clauseと聞かれたときはprocedure とsubstantive を必ず両方検討 #全体的に量が多いので論点がいくつかあるときは時間配分をする _Prosecural Due Process_ _Substantive Due Process_ _Fourteenth Amendment's Equal Protection Clause_ _Age based classifiaction_ _Gender based classification_

Answer 74

Economic of tax is non discriminatory because it will be passed on to both instate and out of state purchasers. Tax

Answer 75

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Answer 76

state or muni cipality literacy requirement

Answer 77

The first amendent of the US constitution is aplicable to the states through 14 th amendment **, protects** individuals free speech, freedom of religion and freedome of association the 5th amendment taking clause **prohibits** the government from taking a person's property for public use without just compensation. 14 th Amendment **prohibit** government from treating Substantive due process **requires** the government to have adequate reason (substantive basis )for taking life liberty or property.

Answer 78

Under the doctrine of soverign immunity and public policy

Answer 79

The First Amendment P will argue that the P is establishment of religion since,,,, Under the establishment clause, the government is prohibited from the establishment of rprieligion, unless the government shows it passes three facters of the Lemon test 1 has secular purpose 2 the action does not have **the effect of** inhibiting or advancing religion 3 does not **_involve further government entanglement in religion_** * . Even if they do not intend to promote religion, the association of the ten commandments with the government action results in that entanglement.In sum* * it is likely a court would conclude that posting those commandmentas aresulted in an excessive entanglement ,*

Answer 80

The court will look at whether the individual **has a sincerely held religious belief**