Misc

Question 1

Art IV Privileges & immunities

Answer 1

States cannot deny rights of state citizenship to citizens of other states

P&I = interference w rights of citizenship
FVIP ==> SS
First am rights
Voting
Interstate travel
Privacy

interference w travel ==> SS

Question 2

Art IV Guarantee

Answer 2

Federal govt must guarantee states republican form of govt & protect states from invasion

Question 3

15A

Answer 3

The Fifteenth Amendment prohibits both the state and federal governments from denying any citizen the right to vote on the basis of race, color, or previous condition of servitude. The courts have interpreted the right to vote to include the right to have that vote meaningfully counted.

Question 4

TP Standing Doctrine

Answer 4

Under the third-party standing doctrine, an injured plaintiff may assert a third party’s rights when

(1) the parties share an** inextricably close relationship **

and

(2) genuine obstacles prevent the third party from asserting his/her rights

Question 5

BOR x States

Answer 5

Every Bill of Rights protection applies to the states except

(1) the Third Amendment prohibition against the government quartering soldiers in individuals’ homes,

(2) the Fifth Amendment requirement of a grand jury indictment for capital offenses, and

(3) the Seventh Amendment right to a jury trial in civil cases.

Question 6

Ex Post Facto

Answer 6

The Article I, section 10 ex post facto clause prohibits state governments from enacting retroactive criminal laws

criminalize previously legal conduct

impose greater punishment than previously prescribed

eliminate previously available defenses

decrease prosecution’s previous burden of proof

Question 7

Implied causes of action

Answer 7

A federal court generally may award damages against a federal official only if expressly authorized by statute. But in the absence of authorization, federal common law may imply that damages are recoverable in rare instances involving unconstitutional conduct.

The following implied causes of action permit the recovery of damages against a federal official:

(1) a Fourth Amendment claim for unlawful search and seizure,

(2) a Fifth Amendment claim for sex-based employment discrimination, and

(3) an Eighth Amendment claim for failure to provide medical treatment.

Question 8

Youngston Framework

Answer 8

When these coequal branches of government share power, the Youngstown framework determines whether the President acted within his/her constitutional authority. This framework considers whether there was congressional:

Congressional authorization –
==> in which case the** President had maximum authority to act** and that act is likely valid
**
silence ==> in which case the act is valid so long as… it
(1) fell within the President’s Article II powers and
(2) did not interfere with another branch’s powers **or

**opposition **– in which case the President had minimal authority to act and that act is likely invalid.