Last Push Set 1 Conlaw Flashcards
What do citizens select when they cast their ballots in a presidential election?
Members of the Electoral College
Citizens are voting for electors who will later cast votes for President and Vice President.
What is required for electors according to the Twelfth Amendment?
Electors must meet in their states, vote separately for President and Vice President, and transmit sealed lists of their votes to the U.S. Senate
This ensures a formal counting process of electoral votes.
What governs the appointment of presidential electors?
Article I of the Constitution
It grants state legislatures the power to appoint electors in any manner they choose.
What can states require of electors when appointing them?
States can require electors to pledge or take an oath to vote for the candidate chosen by the popular vote
This ensures alignment with the state’s electorate.
What can happen to electors who violate their pledge?
They can be removed or face a monetary fine
This serves as a deterrent against not honoring their commitment.
True or False: States can appoint electors who hold federal office.
False
States cannot appoint electors who serve in the U.S. Senate or House of Representatives.
What is a bill of attainder?
An unconstitutional legislative act that declares a named person or group guilty of a crime and imposes punishment without a trial
This concept is not applicable to the appointment of electors.
What age must U.S. citizens be to vote in federal, state, and local elections?
18 years or older
This is a fundamental right but does not extend to electors casting electoral votes.
What does the First Amendment protect regarding electors?
It protects free speech and association but does not bar the government from requiring loyalty oaths for electors
The oath is specific and not overly broad or vague.
Fill in the blank: The candidate with a majority of _______ votes is elected President.
electoral
A majority is necessary to secure the presidency.
What happens if no candidate receives a majority of electoral votes?
The House of Representatives selects the President
This process is outlined in the Constitution for such scenarios.
What is the purpose of the ordinance in State B?
To reduce traffic congestion
The ordinance aims to address a specific local issue related to traffic management.
What does the dormant commerce clause limit?
The ability of state and local governments to regulate interstate commerce
This clause prevents states from enacting laws that unduly burden interstate commerce.
What type of regulation discriminates in favor of in-state interests?
Discriminatory regulations
These regulations favor local products or services over out-of-state alternatives.
What must a discriminatory state action demonstrate to be valid?
It must further a legitimate, noneconomic state interest and have no reasonable alternative
This is a requirement set by the dormant commerce clause.
What is an example of a discriminatory regulation?
Requiring use of in-state products/services
Such regulations can create barriers for out-of-state businesses.
What is an example of a non-discriminatory regulation?
Prohibiting all commercial vehicles on state highways
Non-discriminatory regulations apply equally to all entities regardless of their state of origin.
Under what condition can a state ordinance be deemed unconstitutional?
If the burden clearly exceeds local benefits
This applies particularly to overly strict requirements for commercial shipments.
What was the effect of the county ordinance in State A?
It insulated county residents from out-of-state competition
This action was deemed discriminatory against interstate commerce.
What legitimate interest did the ordinance in State A claim to further?
Reducing traffic congestion
While this interest was legitimate, it was not sufficient to justify the ordinance due to available alternatives.
True or False: Taxicab owners are considered a suspect class under the Fourteenth Amendment.
False
The ordinance likely survives rational basis scrutiny but is still invalid due to the dormant commerce clause.
What must be proven for a law that discriminates against interstate commerce to be valid?
It must further a legitimate, noneconomic state or local interest and have no reasonable alternatives available
This is a critical aspect of the dormant commerce clause analysis.
Fill in the blank: A state or local action that discriminates against interstate commerce is ______ unless it fulfills specific criteria.
invalid
The criteria include furthering a legitimate state interest and the absence of reasonable alternatives.
What is the effect of taxes on persons or their property?
Payment cannot be avoided
Taxes on persons or their property must be apportioned proportionately among states and reasonably related to revenue production.
What type of tax can be avoided or shifted to another?
Indirect tax
Taxes on goods transactions can be avoided or shifted, for example, to the consumer.
What is the constitutional requirement for direct taxes?
Apportioned proportionately among states
Direct taxes must be related to revenue production.
Are export taxes allowed under the constitution?
No
Taxes on goods/services leaving the country are not allowed.
What power does the taxing and spending clause give Congress?
Plenary power to raise federal revenue
Congress can impose taxes but must adhere to specific constitutional guidelines.
What are the requirements for an indirect federal tax to comply with the taxing and spending clause?
Identical in every state and reasonably related to revenue production
The tax must not contain provisions unrelated to revenue needs.
What is an example of a constitutional indirect tax?
$100 indirect tax on a mineral mined in the U.S.
This tax must be uniformly imposed in every state where the mineral is found.
Does the commerce clause obligate Congress to protect interstate industries?
No
The commerce clause does not require Congress to advance interests like freshwater commercial fishing.
What does the necessary and proper clause allow Congress to do?
Enact legislation reasonably necessary to carry out its enumerated powers
This includes taxation but does not extend to authority over navigable waters.
True or False: Indirect federal taxes are constitutional if they are not identical in every state.
False
Indirect federal taxes must be identical in every state where the taxed goods are located.
Who negotiates and enters treaties?
The President
The President has extensive power over foreign policy and international relations.
What is required for a treaty to be ratified?
A two-thirds Senate vote
The House of Representatives does not play a role in the treaty ratification process.
What happens after a treaty is signed and ratified?
It becomes valid and binding on federal and state governments
This occurs immediately if the treaty is self-executing or after implementing legislation if it is not.
What is a self-executing treaty?
A treaty that contains explicit enforcement provisions
These treaties can be enforced immediately without additional legislation.
What is a non-self-executing treaty?
A treaty that lacks explicit enforcement provisions
Such treaties require implementing legislation or judicial action for enforcement.
What does the Supremacy Clause state about treaties?
An executed treaty supersedes any conflicting state law
This is true as long as the treaty is consistent with other constitutional provisions.
What action did the President take regarding a state law that impeded imports?
Issued a proclamation nullifying the state law
This was authorized by an explicit enforcement provision in a self-executing treaty.
What is the effect of the President’s proclamation regarding state law?
It is the supreme law of the land and nullifies the state law
This is valid since the proclamation is not prohibited by any constitutional provision.
What authority does Article II Section 8 grant Congress?
Exclusive authority to specify standards for weights and measures
The President’s proclamation does not interfere with this authority.
Does federalism prevent the President from invalidating state laws?
No
Federalism does not prohibit the President from acting pursuant to a federal statute or treaty.
What is required for the President to nullify a state law that impedes commerce?
Authorization by Congress or a valid treaty
The President has no inherent authority to nullify state laws without this authorization.
What is the main educational objective regarding treaty approval?
A treaty must be approved by a two-thirds vote in the Senate
This process is crucial before a treaty can be ratified.
Fill in the blank: A treaty takes precedence over any conflicting state law pursuant to the _______.
Supremacy Clause
This clause ensures that federal treaties are upheld over state laws.
What type of tax is levied directly on a person or property?
Direct tax
What type of tax includes sales and excise taxes?
Indirect tax
What is the term for a tax on goods leaving the U.S.?
Export tax
What must federal taxes be in relation to revenue raising?
Reasonably related
How must federal taxes be applied across states?
Uniformly applied
What clause gives Congress broad power to tax and spend for the general welfare?
Taxing and spending clause
Is Congress’s power to tax unlimited?
No
What constitutional provision must Congress comply with when taxing?
Export clause
What does the export clause prohibit?
Federal taxation of exported goods
Are federal export taxes ever valid?
No
Fill in the blank: The tax on insurance premiums for policies covering shipments of goods to foreign countries is _______.
unconstitutional
True or False: Congress can impose taxes on services closely related to the export process.
False
What is the purpose of the federal tax on insurance premiums related to exports?
To raise funds to subsidize the marine insurance industry
What must an export tax be in relation to the general welfare?
Constitutional
