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T&D.Edits.MBE.Mix > Mixed Constitutional Law > Flashcards

Mixed Constitutional Law Flashcards

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1
Q

When is substantive due process triggered?

A

A law applies equally to all persons, yet precludes, restricts, or regulates a protected fundamental right.

Examples:

  1. Right to Vote
  2. Right to Travel
  3. Rights of Privacy
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2
Q

When is equal protection triggered?

A

A law applies differently to similarly situated persons. The law affects the rights of only some people with respect to a specific activity.

More Info: Equal Protection

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3
Q

How can an equal protection claim be triggered when the statute is neutral on its face?

A

The statute, while neutral on its face has a:

  1. Discriminatory impact

And

  1. Discriminatory purpose
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4
Q

When does the state have to prove a rational basis for an action?

A

They do not carry the burden initally. The rational basis burden will always be on a plaintiff.

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5
Q

When can Congress force a state to enact or enforce a regulatory program?

A

It can never can force a state to enact a regulatory program; however, it can use money to induce performance.

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6
Q

When does a regulatory taking occur?

A

A regulation denies the owner all reasonable economically viable use of his land.

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7
Q

What is the public use requirement for takings?

A

The taking must benefit the public generally. It does not have to be held out for use by the general public.

More Info: Public Use Requirement for Takings

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8
Q

What does the contracts clause prevent?

A

The states from retroactively impairing the obligation of an existing public or private contract.

More Info: Contracts Clause

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9
Q

When do ex post facto laws apply?

A

Criminal law

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10
Q

What does the 11th Amendment provide?

A

A state may not be sued in federal court by its own citizens or citizens of another state without its consent.

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11
Q

What lawsuits does the 11th Amendment not bar?

A
  1. State officials may be sued personally
  2. A state may be sued by another state or by the United States
  3. Congress can waive the 11th to enforce equal protection
    * More Info:* 11th Amendment
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12
Q

What are the fundamental rights to privacy?

A
  1. Contraception
  2. Abortion
  3. Marriage
  4. Procreation
  5. Private Education
  6. Family Relations
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13
Q

What review standard is applied to a law discriminating based upon race?

A

Strict Scrutiny

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14
Q

When can advisory opinions be issued by federal courts?

A

They cannot be given: all decisions must carry the power of law.

More Info: Advisory Opinions

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15
Q

When does a taxpayer have standing?

A

Only to make an establishment clause challenge to an expenditure under the taxing and spending power.

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16
Q

Where is a person domiciled?

A

Where a person has:

  1. Physical presence

And

  1. Intent to remain
17
Q

Can the state require an individual to display a message?

A

No, a state can never compel speech.

18
Q

What are the elements a law needs to pass the establishment clause?

A
  1. The primary purpose must be secular (non religious)
  2. Primary effect may neither inhibit nor advance religion
  3. There is no excessive government entanglement with religion.
19
Q

What does the privileges and immunities clause prohibit?

A

One state from discriminating against the citizens of another state. It only applies to state action.

20
Q

Who does the contracts clause apply to?

A

State action invalidating contract rights of parties. It does not apply to the federal government.

21
Q

Who does the equal protection clause of the 14th Amendment apply to?

A

The states. It does not apply to the Federal government.

22
Q

When can a state’s law supercede federal law?

A

When the federal law sets the floor for regulations on:

  1. Health
  2. Safety

or

  1. Welfare
    * More Info:* State Law Superceding Federal
23
Q

Can the president sell military equipment?

A

No, only Congress can sell federal property.

24
Q

How can a bona fide purchaser pay value?

A
  1. Purchase with money
  2. Purchase with a mortgage
  3. Receive the rights to the property as a judgement creditor.
25
Q

What are the exceptions to the fundamental right to vote?

A

Special limited purpose voting districts can limit voting rights based on:

  1. Age
  2. Residency
  3. Citizenship.
    * More Info:* Fundamental Right to Vote Exceptions
26
Q

The Commerce Clause applies to commerce between who?

A
  1. States with states
  2. States with foreign nations
27
Q

What does the Full FaithandCredit Clause require?

A

Every state must give full faith and credit to

  1. The public acts
  2. Records

And

  1. Judicial proceedings of every other state
28
Q

What are the presidential powers?

A
  1. Commander in Chief
  2. Appointment powers
  3. Emergency powers
  4. Clemency powers
  5. Issuance of executive orders which have the binding force of law upon federal agencies.
29
Q

When can the President direct the actions of persons outside of the executive branch?

A

Only through a direct authorization by Congress.

30
Q

What is the process to terminate welfare benefits?

A

There must be:

  1. Pre-termination notice

And

  1. A hearing
31
Q

What are the unprotected speech content areas?

A
  1. Clear and present danger
  2. Defamation
  3. Obscenity
  4. Child pornography
  5. Fighting words
  6. Fraudulent commercial speech
32
Q

What is the test for the regulation of commercial speech?

A

The regulation must:

  1. Directly advance
  2. A substantial government interest

And

  1. Be narrowly tailored to serve the substantial interest
    * More Info:* Regulation of Commercial Speech
33
Q

List the legislative powers.

A
  1. Taxing and spending powers
  2. Commerce power
  3. Power to declare war
  4. Power to buy and sell federal property.
34
Q

When is a 2/3 majority vote of Congress needed?

A
  1. Overrule a presidential veto
  2. Impeach
35
Q

In a nonpublic forum, what must a content neutral regulation of speech be?

A
  1. Viewpoint neutral

And

  1. Reasonably related to a legitimate government purpose
36
Q

Differentiate:

  1. Public forums
  2. Limited public forums
  3. Non public forums
A

Public Forum: are opened to the public on a permanent basis.

Example: streets, sidewalks, and public parks.

Limited Public Forums: are opened by the state on a permanent/limited basis.

Example: schools, courthouses, fairgrounds.

Non Public Forum: most public areas

Examples: military bases, city buses, airport terminals, government workplaces.

More Info: Types of Forums

37
Q

What is the standard of review for evaluating a generally applicable law with an incidental burden on religion?

A

Rational Basis

38
Q

Who is not protected by 14th Amendment’s privileges and immunities clause?

A

Corporations and aliens

39
Q

Who does the bill of rights apply to?

A
  1. Aliens

And

  1. Citizens

T&D.Edits.MBE.Mix (8 decks)

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