Federal Constitutional Law 12 Flashcards
An organization has standing if:
- There is an injury in fact to members that would give them a right to sue on their own behalf;
- The injury is related to the organization’s purpose; and
- Individual member participation in the lawsuit is not required
What is a public forum?
Public property that has historically been open to speech related activities.
If there is no relevant time, place and manner restriction, what basis must the regulation meet?
Strict Scrutiny
What does “ripeness” refer to?
To avoid issuing advisory opinions, courts wait until policies have been formalized and can be felt in concrete ways.
What factors does a federal court consider regarding ripeness?
- The fitness of the issue for judicial decision (whether it relies on uncertain or contingent future events that may not occur); and
- The hardship (risk of provoking enforcement) to the parties of withholding court consideration.
Every act of Congress must be approved by the President before taking effect, unless passed to exercise the veto power. True or False?
True.
How many days does the President have to exercise the veto power?
He has 10 days (except Sundays) to exercise the veto power. If no action is taken, the bill becomes law IF Congress is still in session, and it is automatically vetoed if Congress is not in session.
Is a line-item veto constitutional?
No, the President must either sign an act in full or veto it in full.
TRUE OR FALSE: A law that is discriminatory on its face is subject to heightened scrutiny if a suspect or quasi-suspect classification is used.
True.
Is gender a quasi-suspect classification?
Yes, and laws that classify based on gender will be upheld only if the government can show that the law is substantially related to an important government purpose (intermediate scrutiny). Such laws must be supported by an exceedingly persuasive justification to be valid.
