Practice Set 2 Flashcards
When can a law apply ex poste facto and not violate the prohibition against bill of attainder?
When a law is civil in purpose, ie: if its punitive effect does not clearly override its civil purpose
When is a classification based on alienage subject to strict scrutiny?
State-based laws that discriminate against resident aliens for lack of U.S. citizenship
What standard is a classification based on alienage evaluated under in federal law?
Under the arbitrary and unreasonable standard
What due process rights are a public employee dischargeable only for cause entitled to?
Public employee + for cause termination = property interest: (1) pre-termination notice, (2) pre-termination opportunity to respond, (3) post-termination evidentiary hearing
Under what standard is a statutory change that is remedial in nature treated, such as a statute of limitations?
Rational basis - law must be rationally related to a legitimate government interest
For what purpose can the President call on National Guard units?
For executing federal laws, suppressing insurrections, and repelling invasions - no need for emergency or approval from governors
What are the requirements for punishment or deprivation of public employment based on political association?
- Active member of a subversive organization;
- Has knowledge of the organization’s illegal activity; and
- Has a specific intent to further those illegal objectives.
Where in the constitution does it say that felons can’t vote?
Section 2 of the 14A
When does the 11A prohibit an action in federal court by a citizen of one state against another state?
When the basis for the action is the violation of state law
When would a criminal prosecution be enjoined under the Younger doctrine?
When there is (1) bad faith, (2) harassment, or (3) patently invalid state statute
When would a civil action be enjoined under the Younger doctrine?
When the proceeding involves an order uniquely in furtherance of the state courts’ ability to perform their judicial functions
When must a judge recuse itself and refusal to do so become a due process violation?
When it has a direct, personal, substantial, pecuniary interest in a case or there is a serious risk of actual bias
What is in the Enclave Clause?
Congress has the general police and regulatory powers over the District of Columbia that a state enjoys over persons and things within its boundaries
What is in the Export Taxation Clause?
Can impose a tax or duty (1) on goods over the course of exportation or (2) on services and activities closely related to export process
When are discriminatory state tax rates permitted?
- Doesn’t discriminate against suspect / quasi-suspect class
- Doesn’t discriminate against interstate commerce
- Passes the rational basis test
