Ivanka's New Con Law Rules

Question 1

What are the power’s under Article 1?

Answer 1

Under Article 1 of the constitution, congress has the power to tax to raise revenue, spend for the general welfare, and regulate interstate commerce/ commerce with foreign nations.

Question 2

What are Congress’s spending powers?

Answer 2

Congress my spend to achieve any constitutional purpose to promote the general welfare.

Congress may spend/apportion different amounts to certain states.

Question 3

Federal Taxes must be

Answer 3

uniform among the states.

Question 4

What are Congress’ appointment powers?

Answer 4

Congress may establish appointment powers in the president, courts, or heads of departments.

Question 5

Congress can place conditional grants on money given to the states if:

Answer 5

(1) conditions are clear, (2) relate to the purpose of the program, and (3) are not unduly coercive.

Question 6

What are Congress’ powers with respect to federal courts and the supreme court?

Answer 6

Congress may create inferior federal courts and change jurisdictional limits of original and appellate courts. Congress may NOT restrict or increase the supreme court’s jurisdiction.

Question 7

Under Article 2,

Answer 7

the executive power is vested in the President.

Question 7

Can Congress Subpoena the president’s personal records?

Answer 7

Yes. If it advances a legitimate legislative purpose.

Question 8

The president has the power to:

Answer 8

Serve as commander in chief

Grant pardons of federal crimes.

Make treaties - WITH CONSENT OF CONGRESS ⅔ consent of senate.

Broad powers to enter into executive agreements with foreign states - no senate consent required.

Appoint Article 3 judges

Removed by impeachment - majority of house votes, ⅔ of senate votes

Enforce laws or appoint members to enforce laws

Question 9

What is required for a president to create a treaty?

Answer 9

2/3 of Senate must consent

Question 10

What is required for a president to void a treaty?

Answer 10

Nothing. A president may void a treaty under his broad foreign relations power.

Question 11

What prevails if a treaty conflicts with:
state law
federal law
constitution

Answer 11

treaty prevails
most recent prevails
constitution prevails

Question 12

Under Article 3,

Answer 12

the Supreme Court has original jurisdiction over (1) all cases involving ambassadors, public consults, ministers, and (2) all cases in which a state is a party.

Question 13

What is the Independent State Law Grounds exception?

Answer 13

The Supreme Court will not hear a case from state court if it was decided on independent state grounds, meaning the state court decided the law is invalid under state law, not federal law. The Supreme Court may hear a case from state court on appeal if the decision was based on federal grounds. If there are state issues and federal issues, the Court may decide federal issues, but cannot rule on the state law issues.

Question 14

When can the Supreme Court grant Certiorari?

Answer 14

if there is a case from the highest state court that questions the constitutionality of a state statute.

Question 15

Under the 1st Amendment,

Answer 15

Congress shall make no laws establishing a religion or prohibiting the exercise of religion, shall make no laws abridging the freedom of speech or the press, or freedom of association. Further, First Amendment rights are considered fundamental rights and government regulation will be subject to strict scrutiny. The government will have to prove the regulation is necessary to a compelling government interest.

Question 16

Defamation

Answer 16

A statement is defamatory if it harms the plaintiff’s reputation, lowers them in the estimation of the community, or deters others from associating with them. The plaintiff must show the statement was of and concerning him and must prove harm. Defamation can be oral, slander, or written, libel.

Question 17

Libel of a Public Figure

Answer 17

Under the First Amendment, a plaintiff who is a public official or public figure must prove that the defendant acted with actual malice in making a defamatory statement. Actual malice is proved by showing that the defendant either knew the statement was false, or acted with reckless disregard as to the falsity of the statement, that is that the defendant consciously disregarded a high probability that the statement was false.

Damages are presumed.

Question 18

Freedom of Speech

Answer 18

The First Amendment applies to the states through the Due Process Clause of the Fourteenth Amendment and state action is generally required for a plaintiff to sue under the First Amendment. Further, laws regulating speech must be narrowly tailored and need to be achieved by the least restrictive means possible.

Question 19

Content based regulations

Answer 19

If the regulation of speech is content based (viewpoint), the government must prove that the regulation is necessary to serve a compelling government interest, that it is narrowly tailored, and the least restrictive means were used. Strict Scrutiny

Question 20

Content Neutral Regulations on Speech

Answer 20

If the regulation of speech is content neutral (conduct based), the government may regulate the time, place, and manner if the government can show that the regulation is narrowly tailored, to achieve an important government interest, and that alternate channels of communication are left open. Intermediate Scrutiny

Question 21

Requirements for the government to regulate symbolic speech?

Answer 21

The government may regulate symbolic speech if the regulation is narrowly tailored to serve an important governmental interest and is unrelated to the suppression of the speech.

Question 22

What type of speech does the 1st Amendment NOT protect?

Answer 22

(1) speech that incites a clear and present danger, (2) fighting words, (3) true threats or words as conduct (defamation, harassment), or (4) obscenity. Laws regulating unprotected speech need to pass rational basis scrutiny, that is the law will be upheld if it is rationally related to a legitimate government interest.

Question 23

Elements for Obscenity

Answer 23

Speech is obscene if it appeals to the prurient interest in sex (community standard), depicts or describes sex in a patently offensive way, or lacks serious literary, artistic, political, or scientific value (national standard).

Question 24

Free Exercise Clause

Answer 24

Under the free exercise clause, the government may not impose regulations that interfere with an individuals right to engage with or practice their own religion.