Constitutional Law - Adaptibar Flashcards
Is broadcasting a perfromance, and by extension appropriating the action by the performer, protected by the First Amendment?
No!
Holding of Zacchini v. Scripps-Howard Broad. Co.
A performer’s suit for damages against a company for having “appropriated” his act through a videotape of his “human cannonball” injured his right to publicity value of his performance
Is the First and Fourteenth Amendment right authorizing press coverage of newsworthy entertainment absolute?
No, not in all situations.
When may the Supreme Court NOT review a decision by a state supreme court?
When that decision rests upon an independent and adequate state ground.
May Congress require states receiving funds to accept limitations?
Yes.
For an action based on the spending power to be constitutional, it must be:
spending for a public purpose.
If the spending act imposes limitations, they must be:
- merely an incentive and not a compulsion;
- clearly stated; and
- related to the act’s purpose (nexus)
Article II, Section 2, Clause 1 states:
That the President shall have the power to grant pardons except in cases of impeachment
- This power is not qualified in any way
- Congress cannot attempt to qualify the power.
When may Congress delegate legislative authority?
It is constitutional if Congress offers an intelligible principle to help guide the executive branch. i.e. Congress can delegate its powers to an entity within the executive branch through a statute as long as it gives that entity sufficient guidance on how to exercise that power
What are political questions?
Those issues committed by the Constitution to another branch of government; or those inherently incapable of resolution and enforcement by the judicial process.
“Capable of repetition yet evading review” applies ONLY in
situations where litigation is unlikely to be completed because of the short-term nature of an issue, such as review of an explicitly short-term legal mandate
Legitimacy is subject to what level of scrutiny?
Intermediate scrutiny.
Who has the power to make all the laws for the District of Columbia under the Constitution?
Congress
What is the three-part test under the Contract Clause?
It is to determine whether the legislation:
- substantially impairs a party’s rights under an existing contract;
- serves an important and legitimate public interest; and
- is a reasonable and narrowly tailored means of protecting that interest.
What does the Full Faith and Credit Clause do?
It requires states to honor any rulings, decisions, and public records from other states.
- Only requires this for laws that don’t conflict with federal laws; and does not require a state to accept an action by the federal government that would not comport with its laws as long as those laws are not superseded by the Supremacy Clause or otherwise constitutionally invalid
