My Con Law deck

Question 1

Sobriety Checkpoints: which amendment

Answer 1

4th amendment unreasonable search and seizure

Question 2

Sobriety Checkpoints: key question

Answer 2

The stop of the vehicle is a seizure. Pertinent question is whether the “search” of the person is reasonable.

Question 3

Sobriety Checkpoints: test

Answer 3

Determine reasonableness by balancing 3 factors:

1. Invasion of person’s privacy
2. Government’s interest in the matter
3. degree to which the checkpoint advances the gov’s interest

Question 4

Sobriety Checkpoints: SCOTUS conclusion

Answer 4

1. Invasion of privacy is slight because person only stopped for a minute
2. gov interest in stopping drunk driving is highly compelling
3. checkpoints advance this interest even if there are other ways of doing so

Question 5

Sobriety Checkpoints: MISC conclusion

Answer 5

MI constitution affords more protection than the 4th amendment does. Checkpoints violate the MI constitution.

Question 6

2nd amendment: difference between MI and SCOTUS

Answer 6

SCOTUS: in Heller, conferred an individual right to bear arms outside of the militia.
MI: the MI constitution plainly confers the individual right to bear arms

Question 7

8th amendment prohibition on cruel and unusual punishment and minors

Answer 7

• UnC to sentence D to death if crime committed before 18th birthday
• UnC to sentence D to life without parole for a non-homicide committed before age 18
• Mandate that judge sentence life without parole on juvenile if it does not allow judge to take into account attendant circumstances.

Question 8

School speech: Drug use

Answer 8

Schools can take steps to safeguard student from speech that can reasonably be regarded as encouraging illegal drug use.

Question 9

Can free speech serve as a defense in tort cases?

Answer 9

Yes. If speech is protected by 1A, protection eliminates liability for the exercise of 1A rights.

Question 10

Difference in protection between speech of public concern vs private concern

Answer 10

Speech of public concern is afforded much higher protection.

Question 11

Garcetti test for free speech and public employment

Answer 11

Gov cannot fire an employee for exercising first amendment right

1. Did the employee speak as a private citizen on a matter of public concern? If not to either of these, there is no 1A violation premised on employer’s reaction to the speech.
2. If yes, ask whether the state had an adequate justification for treating employee differently from other private citizens. look at effect on workplace.

Question 12

Is the 2nd amendment limited to weapons in exitence in 18th century?

Answer 12

No. Extends to all bearable arms

Question 13

Is it valid under 2A to ban an entire class of guns for individual?

Answer 13

No.

Question 14

Cherry and dairy cases

Answer 14

Look for a tax on all the subsidizes just in-state businesses. Evene if the separate parts are valid (tax and subsidy) need to look to the combined effect

Question 15

Rule from Locke v. Davey

Answer 15

Don’t apply strict scrutiny even though a discriminatory law because state has merely chosen not to fund a category of instruction. Does not require student to choose between beliefs and something else. State’s interest not based in hostility but in want to avoid establishment of religion

Question 16

Commercial speech rule statement:

Answer 16

CS does not enjoy as much protection as other speech but has protection under intermediate scrutiny. May be regulated if GOV satisifes 4 part Hudson test: 1. speech protected by 1A-not false and lawful activity 2. substantial interest of gov. 3. regulation directly advances that interest and 4. narrowly drawn.

Question 17

Standing Reqs

Answer 17

Injury in fact
causation
redressibility

Question 18

Are funds to to support a political campaign speech?

Answer 18

yes

Question 19

Limitations on the expenditure of political funds are subject to

Answer 19

strict scrutiny. Must be necessary to achieve a compelling gov interest and narrowly tailored to that interest

Question 20

Difference in treatment between restrictions on political campaign expenditures and political contributions to campaigns

Answer 20

limitations election contributions: permissible if closely drawn to match sufficiently important interest
campaign expenditures: strict scrutiny

Question 21

Content based restrictions on speech are

Answer 21

preemptively unconstitutional

Question 22

When a state fails to assist party in exercising political activities

Answer 22

does not infringe on 1A rights. Apply rational basis review.

Question 23

In a school setting Students’ C rights

Answer 23

are not consistent with adults in other settings

Question 24

School officials retain the right

Answer 24

to exercise authority consistent with C safeguards to control conduct in schools

Question 25

Object of P&I clause (4A)

Answer 25

place citizens of each state on equal footing with citizens of other states so far as the advantages of resulting from citizneship of that state are concerned

Question 26

P&I tax look for

Answer 26

Whether MI residents in the same position as the non-residents would pay the same tax. Doesn’t matter that in effect they end up paying more in taxes

Question 27

Equal Protection Clause in MI

Answer 27

is the same as the Constitution

Question 28

What powers does the president have beyond those listed in the C

Answer 28

Inherent powers.

Question 29

P’s authority to act must stem from either

Answer 29

the constitution or congress

Question 30

Jackson tripart test for executive power: When P acts pursuant to express or implied authority of congress

Answer 30

Authority at maximum. Authority includes the power congress has authorized plus any power he has in his own right

Question 31

Jackson tripart test for executive power: Absence of congressional grant or denial

Answer 31

Can only rely on his own powers but there is a zone of twilight where P and congress have concurrent power and distribution is uncertain

Question 32

Jackson tripart test for executive power: P takes measures incompatible with express of congress

Answer 32

authority at a low point Court will sustain action only if congress cannot act in this area

Question 33

Commercial speech factors: how to use

Answer 33

Just consider the four factors

Question 34

In MI can you appeal a guilty plea or a plea of nolo?

Answer 34

There is no right to appeal. Appeal by application only. Must be filed within 21 days. Can file a late application and court can consider the reason for delay

Question 35

When do indigent people get counsel appointed?

Answer 35

Def for any trial
for any appeal as of right
No appointed counsel for discretionary appeals to state high court or SCOTUS
Discretionary criminal appeals = appointed counsel.