Missed Con Law

Question 1

What is the privileges and immunities clause, comity clause (Article 4)?

Answer 1

Prohibits state discrimination against nonresident citizens

Protects fundamental rights and essential activities (employment, transfer of property, access to state court)

Discrimination OK if the out of state citizens are causing the problem, substantial reason for different treatment and substantial relationship between discrimination and state’s objective

Question 2

What does the contract clause restrict?

Answer 2

State laws that substantially impair existing contracts, but does not apply to future contracts

Question 3

Does Congress has the power to regulate SCOTUS’s appellate jurisdiction?

Answer 3

YES, but cannot violate the separation of power doctrine or other constitutional provision

Question 4

What is an ordinary state-election restriction? and what standard is it subject to?

Answer 4

Voter registration, photo ID requirement, disallowing write-in voting.

Reviewed under rational basis

Question 5

What is a discriminatory state-election restriction? and what standard is it subject to?

Answer 5

Poll tax, disallowing third-party candidates, property-ownership requirement

Strict scrutiny

Question 6

When can a federal court issue a writ of habeas corpus?

Answer 6

A federal court can issue a writ of habeas corpus when the person is in federal custody

Question 7

What property interests trigger the taking clause?

Answer 7

Real property, tangible or intangible property
Property interests (fee simple, easement, leasehold, lien, right of a property owner)

Question 8

Can SCOTUS review a final state court judgment that rests on adequate and independent state grounds?

Answer 8

Typically No, but allowed when SCOTUS is reviewing a state court decision to determine whether such grounds exist

Question 9

When does a taxpayer have standing?

Answer 9

Litigate how much is owed on her tax
Challenge government expenditure as violating the Establishment Clause

Question 10

What is section 2 of the 14th Amendment?

Answer 10

States can prohibit felons from voting in elections

Question 11

Can the state impose reasonable education standards on public and private schools?

Answer 11

Parent’s right to control their children is not absolute. State can impose reasonable educational standards on schools without violating the due process clause