Constitutional Law (from missed questions) Flashcards
Import-Export Clause
prohibits states from imposing any tax on an imported good or on commercial activity connected with imported goods without Congress’s consent
You cannot limit the # of members of a religious group
Federal courts will abstain from enjoining pending state criminal proceedings
Exception:
A federal court will hear the action if it is being conducted in “bad faith” (Ex. harassing the D)
In order for a law to be invalid using the rational basis standard, the P must show:
the law is not rationally related to a legitimate government interest
U.S. Government and Agencies are immune from state regulations that would interfere with federal activities, functions, and programs
What does the judicial branch have the power to do?
Power to adjudicate border disputes
Government employees cannot be required to show respect for what?
The flag (Ex. a person might refuse to salute to the flag)
Mootness Doctrine: Exception
Controversies capable of repetition but evading review will be heard
Charitable solicitations for funds in residential areas are protected by what amendment?
1st
Class actions are moot: True or False
False
SCOTUS may grant certiorari to review a case from the highest court in the state if a state statute’s validity is called into question under what?
The Constitution
You need the ____ and ___ of the Senate in order to enter into a treaty
Advice and Consent
There is no compelling interest served by prohibiting aliens from teaching @ a state university
Content Neutral Regulation
Must be narrowly tailored to further a significant government interest
Adequate and Independent State Grounds
A litigant petitions SCOTUS to review the judgment of a state court which rests upon federal and state laws; SCOTUS does not have jx if the state ground is 1) adequate to support the judgment and 2) independent of the federal law
Supreme Court can hear an appellate case by:
1) Writ of Certiorari = discretionary review and court will grant if at least 4 judges vote to accept it
2) Mandatory Appeal = appeals for injunctive decisions by a 3 judge district panel
SCOTUS is unclear whether a decision rests on independent and adequate grounds –> you hear the federal issue and remand the state issue to state court
Abstention - Federal courts will abstain from hearing a case if:
1) it involves unsettled state law better left to state courts and
2) Federal courts typically decline family law cases
Enclave Clause
gives Congress police and regulatory powers over the District of Columbia
Speech and Debate Clause
provides immunity to members of Congress and their Congressional aides for actions related to their legislative duties
President’s Removal Power: High level officers can be removed without cause
Exception
Must show cause to remove officers performing a judicial/quasi judicial role or officer appointed for a statutorily specified duration
Executive Privilege
qualified privilege that protects the President from having to disclose confidential communications related to his/her presidential duties
Strict Scrutiny is triggered when:
1) Suspect classification
2) Fundamental Right
Procedural Due Process requires:
1) Notice
2) Opportunity to be heard
3) Decision by a neutral arbitrator
A restriction on private contracts requires what type of scrutiny?
Intermediate
Two regulations that constitute a “taking”
1) Permanent physical occupation or 2) Deprivation of all economically viable use of the property
Fundamental Right –> Substantive Due Process if the right is infringed for ALL people
Four steps to analyze an equal protection question:
1) Is there a classification by the government?
2) What is the classification?
3) What level of scrutiny applies?
4) Does the government action satisfy the level of scrutiny?
Freedom of Association
protects the rights to participate in any club, gathering, or group and is subject to strict scrutiny and can only infringe if there is a compelling government interest
Federal courts have jurisdiction to hear cases between 2 or more states or between a state and citizens or another state
SCOTUS has original jurisdiction over cases:
1) Involving ambassadors, other public ministers, and consuls
2) Those in which a state is a party
Exceptions to the 11th amendment:
1) State has consented
2) Suit is for injunctive relief against a state officer
3) U.S. or another state is the Plaintiff
4) Suit involves a violation of the 13th, 14th, and 15th amendments
Non-Justiciable Political Questions
1) Impeachment procedure
2) Gerrymandering
3) Foreign Policy and War
4) Guaranty Clause
5) Amendment ratification procedure
Congress can delegate power to appoint inferior officers to:
1) The President
2) The Courts
3) Heads of Executive Departments
Congress can only remove an executive branch official by impeachment
States can create laws that are more rigorous than federal government
A regulation violates the Dormant Commerce Clause when it:
1) Discriminates against out of state commerce
2) Unduly burdens interstate commerce
3) Regulates wholly out of state activity
Privileges and Immunities Clause under Article IV
mandates that states cannot discriminate against fundamental rights or essential activities against out of state residents
The government may withhold a benefit or privilege (such as bar membership) based on the applicant’s membership in a subversive organization if he:
shares the specific intent to further the organization’s illegal goals
Congress can make exceptions to the appellate jurisdiction of SCOTUS
Congress’s power to impose taxes is plenary
Alienage is a suspect classification
Employees of the federal government are not immune from state taxation
Congress cannot force a state to enact particular legislation that would violate the 10th Amendment
