Constitutional law Flashcards
When will speech w/ a profit motive (TV commercial) be given 1st amendment protection?
If the regulation is narrowly tailored to protect a substantial state interest
What types of immunity are granted to a state via the 11th ammendment?
Immunity from suits in federal court by a citizen of the state when citizen seeks damages
What 2 types of immunity are NOT granted to a state via the 11th ammendment?
- suits for injunctive relief
2. suits against state officials in their individual capacity
What is the political question doctrine?
fed cts will not hear case involving political questions because they should be solved by another branch of government (ex. challenge to president’s conduct on foreign policy)
What aspects to campaign funding can and cant be limited by government?
campaign expenses cannot be limited
Campaign contributions can
-exception: corporate expenditures may be limited
What 2 types of suits against federal officers are allowed?
- suits for injunctive relief
2. suites for $ damages where officer pays from their own funds (not the state treasury)
What are the 3 exceptions to the sovereign immunity doctrine?
- state voluntarily waives the immunity
- a 14th amendment equal protection suit brought against the state (state may be sued in Fed. court)
- federal government vs. state government (allowed)
What are the 3 levels of scrutiny used by USSC?
- rational basis
- intermediate
- strict
What is rational basis scrutiny?
rationally related to legit government interest
What is intermediate scrutiny?
substantially related to important government purpose
What is strict scrutiny?
necessary to achieve a compelling government purpose
In what 2 instances will a non-discriminatory regulation of interstate commerce by a state be valid? (commerce)
- when the burden the regulation places on commerce doesnt outweigh the states interest
- and there are no less restrictive alternatives (balancing test)
Under what 2 conditions may government “take” property?
- when the taking is for public use (broad)
- and just compensation is given (fair market value based on owner)
- taking could be based on effect of regulation/ substantial de-valuing of property
What 3 things must government prove to punish a person for membership of group carrying out illegal activities?
- active affiliation with the group by the person
- person’s knowledge of groups illegal activities
- person’s specific intent to further group’s illegal activities
What 4 exceptions allow a D to be tried twice for same crime?
- jury unable to agree on a verdict
- mistrial
- re-trial after successful appeal
- D’s breach of agreed plea bargain
What are ex post facto laws?
laws that retroactively change the legal consequences of acts committed prior to their enactment (unconstitutional)