MBE CON LAW Flashcards

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1
Q

What is executive privilege?
Vs what is presidential privilege?

A

Exec- protects disclosure of confidential info by the executive to another branch of govt
Pres- protects communication made in performance of presidential duties for decisions/policy

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2
Q

If Congress passes a statute authorizing the president to appoint a director w/ senate approval, may the president unilaterally remove?

A

Yes (presidential authority to remove = strict)

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3
Q

An exaction is…

A

A taking through a CONDITION to obtain a building permit
*always consider PROPORTIONALITY and remember that a taking is ANY physical and permanent occupation of private property w/o just comp (ex prohibiting the ability to transfer even 0.01% of a rightful interest in natural resources)

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4
Q

Distinguish who do these apply to: (individuals/groups or everyone)
Equal Protection claims?
Due Process claims?

A

EP - individuals/groups
DP - everyone

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5
Q

A state tax is valid if___________________ and _________________

A

It is nondiscriminatory and does not tax the federal govt

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