Restrictions on Power Over Individuals Flashcards

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1
Q

What is an ex post facto law?

A

A law that retroactively changes the criminal law in a way that deprives an individual of a substantial right he previously had, for a punitive purpose

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2
Q

Is the Seventh Amendment right to a jury trial applicable to the states through the Fourteenth Amendment Due Process Clause?

A

NO

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3
Q

The ex post facto clause does not prevent

A

A procedural change making it less likely that the death sentence will be imposed

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4
Q

Under the Contracts Clause, if state legislation substantially impairs a party’s rights under an existing contract, it will be valid only if it serves an important and legitimate public interest and is:

A

A reasonable and narrowly tailored means of promoting the public interest

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5
Q

Is a government act that causes an injury to an individual’s reputation without a tangible loss considered a deprivation of liberty under the due process clause?

A

NO

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6
Q

To adopt a valid law under the Enabling Clause of the Fourteenth Amendment, Congress must point to a history or pattern of state violation of rights already recognized by the courts and adopt legislation that is:

A

Congruent and proportional to solving the violation

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7
Q

The Fourteenth Amendment prohibits __________ from depriving any person of life, liberty, or property without due process and equal protection of the law.

A

States.

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8
Q

Will a government regulation authorizing permanent use of private property by the general public amount to a Fifth Amendment Taking?

A

YES

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9
Q

The Fifteenth Amendment prohibits the __________ from denying the right to vote to any citizen on the basis of race.

A

States and the United States government

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10
Q

For due process purposes, a person will be deemed to have a property interest in continuation of a government benefit if the person has __________.

A

a legitimate claim or entitlement to the benefit

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11
Q

The Contracts Clause prohibits __________ from passing legislation that retroactively impairs contract rights.

A

States

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12
Q

What is a bill of attainder?

A

A law that imposes punishment without a judicial trial on a person or persons who are specifically named or are identified by their past conduct

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13
Q

Regarding a law adopted under the Enabling Clause of the Fourteenth Amendment,

A

The law must be at least congruent and proportional to preventing or remedying a state violation of rights already recognized by the courts

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14
Q

When the government takes private property for public use, the remedy is measured as

A

The measure of damages is the loss the owner incurs, rather than the gain the taker receives.

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15
Q

What Amendments apply to the states through the Due Process Clause of the Fourteenth Amendment?

A

The rights guaranteed by the First, Fourth, and Sixth Amendments

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16
Q

The Fifteenth Amendment prohibits the states and the federal government from denying the right to vote to any citizen on the basis of race, but generally it is inapplicable to

A

private conduct.

17
Q

The importance of the individual interest, the value of specific safeguards to that interest, and the government’s interest in efficiency are factors considered when

A

determining the procedures required under the Due Process Clause when a person faces deprivation of a protected benefit

18
Q

When the government takes private property for public use, damages usually are measured by:

A

The fair market value of the property at the time of the taking

19
Q

If a state law retroactively impairs rights under an existing private contract what standard would the court probably apply in determining whether the legislation is valid under the Contract Clause?

A

The law must be reasonable and narrowly tailored to achieve an important and legitimate public interest

20
Q

To find an action unconstitutional, it is generally necessary to attribute that action to the state. Business activities may be attributed to the state if __________.

A

The government affirmatively facilitates the activities

21
Q

The Thirteenth Amendment prohibition of slavery applies to:

A

Both private and governmental action

22
Q

A procedural due process violation is most likely to be found where:

A

A judge with a personal financial interest in a case refuses to recuse himself

23
Q

A legislative act that imposes punishment without a judicial trial, on one or more individuals who either are specifically named or are identified by their past conduct, is called __________.

A

a bill of attainder