Pg 21 Flashcards

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1
Q

What is the full faith and credit clause?

A

Full faith and credit must be given to public acts, records, and judicial proceedings of another state

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2
Q

What is the rationale behind the full faith and credit clause?

A

To preserve the rights that are required or confirmed by judicial proceedings in other states by requiring their validity absent a showing of fraud or due process issue

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3
Q

What is an exception to the full faith and credit clause?

A

Sometimes local concerns do not require extraterritorial effect. Ie: For things such as drivers licenses

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4
Q

What is executive privilege?

A

The right of the executive branch to refuse to disclose confidential information if necessary for the effective discharge of its official duties. This is applied to communications between the president and his advisers in the decision making process

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5
Q

What is the rationale behind executive privilege?

A

The president needs the candid advice of his aids and must be able to discuss issues with them without worrying about what is said

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6
Q

Does the president have a privilege to withhold information from a judicial forum?

A

No, if it doesn’t involve military, diplomatic or sensitive security measures, then privilege must yield to the specific need for evidence in a criminal trial. Presidential privilege is strong but it is not unqualified or absolute

US V Nixon: the president asserted privilege and refused to turn over evidence that was needed for a criminal case.

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7
Q

Who is the final arbiter of the executive privilege?

A

The judiciary. They weigh the importance of the confidentiality of the presidential communication in the performance of the president’s responsibilities against its effect on the fair administration of criminal justice

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8
Q

What is the congressional privilege from arrest?

A

This says that senators and representatives have a privilege from arrest for civil issue (but not criminal ones) during their attendance at house sessions and in going to and from those places.

Exceptions: treason, felony, breach of the peace

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9
Q

What are the two different types of executive immunity?

A

– presidential immunity

– congressional immunity

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10
Q

What is presidential immunity?

A

The president has absolute immunity from damages liability for acts within the outer perimeter of his official responsibilities while in office. This doesn’t count for private civil litigation coming from acts that are unconnected with his official duties.

Ie: Nixon case where the defendant brought suit against the president for firing him in retaliation for his testimony, and the court said the president had immunity and the dismissal was totally within his official responsibility.

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11
Q

How do you ensure that a president isn’t above the law because of presidential immunity?

A

By checks such as impeachment, press and congressional scrutiny, presidential concerns about keeping influence and reelection

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12
Q

Who gets absolute immunity?

A

Judges and prosecutors

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13
Q

Who gets qualified immunity?

A

White house aides and the attorney general

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14
Q

Under presidential immunity, you can’t sue the president for what?

A

Damages, but you can try to get an injunction or declaratory relief

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15
Q

What does the second amendment say?

A

This gives individuals the right to keep and bear arms, unconnected with service in a militia, and to use those arms for traditionally lawful purposes like self-defence within the home.

This is an INDIVIDUAL RIGHT that guarantees that people can own firearms subject to some regulations, and guarantees that the state can have a militia, and protects the right of people to own guns

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16
Q

Does the second amendment give an unlimited right?

A

No, it does not guarantee a right to possess any firearm anywhere for any purpose, but statutes that ban handgun possession in the home violate the second amendment

17
Q

Is the second amendment fundamental?

A

There is no decision about whether this is or is not a fundamental right.
– If it is: that triggers strict scrutiny and the government almost always loses under this
– if it isn’t: then the states and localities are more free to ban and regulate firearms

18
Q

Is it OK to have a law that prohibits carrying a concealed weapon?

A

Yes

19
Q

Is it OK to have a law that prohibits possession of guns by mentally ill people or criminals, or in sensitive places, or against dangerous or unusual weapons, or against possessing a firearm with a removed serial number?

A

Yes

20
Q

What does the second amendment primarily protect?

A

Weapons in common use

21
Q

Is it permissible to have a law that requires that guns be disassembled and that the trigger be locked?

A

No, because that would make it impossible for citizens to use the weapon for self-defense, so that would be unconstitutional

22
Q

How does the second amendment apply to the states?

A

By incorporation through the due process clause

23
Q

What is due process?

A

This is about fundamental rights and protection against government action

24
Q

What does liberty mean?

A

Freedom from bodily restraints and right of individuals to contract, engage in common occupations of life, acquire useful knowledge, marry, establish a home, raise kids, worship God according to the dictates of their own conscience, and enjoy privileges that are essential to the orderly pursuit of happiness.

25
Q

If a person’s good name, honor, reputation, or integrity is at stake because of what the government is doing, what is required?

A

Notice and an opportunity to be heard

26
Q

What does the due process clause do?

A

Reviews the system of decision-making to determine if the government has taken an individual‘s life, liberty, or property with the fair procedure or due process that is required by the fifth and the 14th.

14th protection is more extensive than just the right of the person to be free from physical restraints. It guarantees freedom to enjoy all of your faculties, to be free to use them in a lot of ways, and allows a person to seek any type of employment or pursue freedom of contract.

27
Q

How is the due process clause flexible?

A

It requires protections as situations demand, analyzing private interests of the person affected, the risk of erroneous deprivation through procedures that are used or the value of extra safeguards, and the government’s interest of the extra burden that procedures entail