MBE _ Con Law Flashcards
concurrent jurisdiction of federal courts and SCOTUS
The U.S. Supreme Court has original jurisdiction over (1) cases involving ambassadors, public ministers, or consuls and (2) cases in which a state is a party. Congress has granted lower federal courts concurrent jurisdiction over those cases except for controversies between two or more states, which are exclusive to the U.S. Supreme Court.
What are the enumerated Congressional powers under Article 1, Section 8?
- Taxing & spending
- Interstate & foreign commerce
- War, armed forces, militia *
- Coin & borrow money
- Immigration & naturalization
- Copyright & patent laws
- Federal courts
- District of Columbia
- Bankruptcy
- Rules concerning captures
- Article I, Section 8 grants Congress broad war and defense powers to provide for the national defense—e.g., by imposing wage, price, and rent controls on the private civilian economy.
Property Clause
(Art IV)
The Article IV property clause gives Congress complete power to dispose of and regulate federally owned property, including the power to regulate the use of federally owned buildings.
Can states tax the federal government and/or its contractors?
Under the Article VI supremacy clause, the federal government is generally immune from direct taxation by the states. However, states can tax federal government affiliates - persons or entities employed by or doing business with the federal government (e.g., contractors) - unless (1) Congress granted the affiliate immunity, (2) the tax is discriminatory against the federal government or its affiliates, or (3) the nondiscriminatory tax substantially interferes with the affiliate’s federal purpose or duties (e.g., when a high tax burden makes it impossible for the affiliate to accomplish its federal functions).
Contracts Clause
Prohibits states from enacting laws that substantially impair the rights or obligations of parties under an existing contract
Dormant Commerce Clause
The Article I commerce clause empowers Congress to regulate interstate commerce. It also carries a negative implication (i.e., the dormant commerce clause).
The dormant commerce clause prohibits states from (1) discriminating against out-of-state commerce, (2) unduly burdening interstate commerce, or (3) purposefully or deliberately regulating extraterritorial (i.e., wholly out-of-state) activity.
Unlike the privileges and immunities clause of Article IV, the dormant commerce clause’s protections do apply to corporations—not just citizens of other states.
Federal Preemption of State Law
A federal law will impliedly preempt a state law if Congress’s pervasive regulation shows an intent to occupy the entire field (field preemption), it is impossible to comply with both laws (direct conflict preemption), or the state law frustrates the accomplishment of the federal law’s purpose (indirect conflict preemption).
Regulation of Speech of Governmental Employees
When a public employee is speaking pursuant to official duties, the government has great latitude to regulate that speech.
But when the employee is speaking as a private citizen, the government can restrict that speech only if its interest in efficient government function outweighs the employee’s right to free speech.
What are the 4 freedoms under the First Amendment?
Expression - Right to communicate information & ideas through speech or conduct
Association - Right to form or participate in any group or organization
Press - Right to publish truthful information
Religion
- Free exercise – right to practice religion or no religion without government interference
- Establishment – prohibits government from favoring particular religion or religion generally
Does the First Amendment protect the media from liability for publishing unlawfully obtained truthful information?
The First Amendment shields the media from liability for publishing truthful information that was unlawfully obtained by a third party if (1) the information involves a matter of public concern and (2) the publisher neither obtained it unlawfully nor knows who did.
