Constitutional Law - Barbri Flashcards
Does the EPC of the Fourteenth Amendment prohibit state dilution of the right to vote by malapportionment of electoral districts?
Yes. This rule applies to electoral districts for local governmental bodies as well as for the state legislature.
When a government establishes voting districts for the election of representatives, it must establish districts that…
Do not have an unjustifiably large variance (e.g. over 30%) in the number of persons in each district.
The clause in Article IV, Section 4, guaranteeing a “republican form of government” to the states has been judged by the Court to…
involve a political provision
What does Article IV Privileges and Immunities Clause provide?
That citizens of each state shall be entitled to all privileges and immunities of citizens of the several states.
What does the Privileges and Immunities Clause prohibit?
It ONLY prohibits a state from discriminating in favor of its own citizens and against citizens of other states with regard to “fundamental rights” (i.e. those involving important commercial activities or civil liberties
Action having the purpose and effect of alteing the legal rights, duties, and relations of persons, including executive branch officials, must be subjected to the possibility of presidential veto, TRUE OR FALSE?
True
Does the President have EXCLUSIVE power over matters relating to war?
NO! such power is shared with Congress.
Does the president have the power to act militarily in actual hostilities against the United States without a congressional declaration of war?
Yes. BUT Congress may limit the President under its power to enact a military appropriation every two years. (a military appropriation may not be for more than two years).
Article I, Section 8 gives Congress what war related powers?
The power to declare war, raise and support armies, provide for and maintain a navy, make rules for the government and regulation of the armed forces, and organize, arm, discipline, and call up the militia.
Under Article 2, Section 3, the President has an obligation…
To take care that the laws are faithfully executed. The President may NOT unilaterally cancel legislation.
Federal courts should hear a case only when there is some real harm or immediate threat of harm involved, TRUE OR FALSE?
TRUE!
Does court enforcement of restrictive covenants in deeds constitute state action?
Yes. Thus, a court may enforce a restrictive covenant only if it is constitutional.
Village of Belle Terre v. Boraas holding
Zoning regulations prohibiting three or more unrelated persons from living together does not infringe on any fundamental rights.
Shelley v. Kraemer holding
Held that deed restrictions based on race are unenforceable, because enforcement would constitute government action supporting discrimination against a suspect class.
Has the Supreme Court permitted Congress to remove the states’ Eleventh Amendment immunity from suit?
Yes, ONLY when it acts to enforce the Fourteenth Amendment. (i.e. can only waive this if the federal legislation being challenged was enacted pursuant to the Fourteenth Amendment).
