US Constitution Flashcards by Alejandra Lopez

Under what Amendment gave women the right to vote?

19th Amendment

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Under what Amendment gave African Americans voting rights?

15th Amendment

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What Amendment prohibited discrimination against the former slaves in terms of the law?

Requires that no state shall deny any person the equal protection of the laws?

14th Amendment

Equal Protection

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In what Amendment did Prohibition became law? This law made it illegal to sell alcohol in the start of 1920.
Prohibited “the manufacture, sale, or transportation of intoxicating liquors.”

18th Amendment

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In what Amendment people could vote for senators? This gave more power to the people instead of a governor appointing senators.

17th Amendment

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What Amendment abolished slavery and involuntary servitude, except as punishment for a crime?

13th Amendment

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What Amendment the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

4th Amendment

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What Amendment, In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

6th Amendment

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Under what Amendment state sovereign immunity prevents citizens of a state from suing that state in federal court without that state’s consent.

11th Amendment

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The supreme Court’s authority to review the actions of the legislative and executive branches to determine their constitutionality. The doctrine requires courts to INTERPRET and apply the constitution to acts to determine their validity. the power a federal court has to adjudicate over claims brought before it.

Federal Judicial Power (Judicial Review)

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Federal courts have authority to first hear or try cases involving: Ambassadors, Public ministers and consuls, Cases in which the state is a party.

Original Jurisdiction Article III Section 2

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Federal courts may also hear other (non-original jurisdictional) cases that come to court by appeal.

Appellate Jurisdiction Article III Section 2

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Federal courts will abstain from hearing a case involving an unsettled or unclear statue on whose construction a federal constitutional issue depends, until a state court interprets it

Abstention

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Federal courts may enjoin state criminal actions to protect constitutional rights.

Equitable Restraint

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A case issue involves the constitutionality of statue. Court will apply rules of statutory construction to avoid passing on constitutional questions.

Constitutional Questions

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A case is justiciable if there is a standing sue, the constitution permits the issue to be judicially resolvable, and there is no cause for judicial restraint.

Justiciability

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To have standing to bring a suit, a plaintiff must meet 3 criteria: Injury, causation and Redressibility.

Standing

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Case must involve concrete disputes between genuine adversaries or will not be heard. A court will not give advisory opinions.

Ripeness

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If underlying controversy is not real or has been resoled/dissolved prior to the adjudication, case is moot and will not be adjudication, case is moot and will not be adjudicated. Exceptions: cases that appear moot but are not.

Mootness

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Even if plaintiff has standing, courts may refuse to decide a “political” question.

Political Question

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Which power of congress has the power to spend for the common defense and general welfare. This includes spending done in order to exercise its other powers or for proper public purpose. Congress by conditioning receipt or funds on compliance with federal regulations is able to indirectly regulate what it cannot regulate directly.

The Opendike Power Article 1 section 8 (clause 1 )

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Under what power does Power co-exists with the president’s power to make treaties pursuant to the advice and consent of the senate. Treaties, once ratified, become the law of the land.

Treaty Power Article 1 section 10

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What power of congress can regulate or limit activities by imposing taxes on them, effectively prohibiting them where the tax is substantial. As long as the tax produces revenue, it may be enacted for any motive, even purely regulatory ones that have no genuine money-raising purpose at all.

The Yakino Power Article 1 section 8

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What power of congress has exclusive control over immigration. May admit, expel, exclude, or deport non citizens of the United states. May not treat naturalized citizens differently from native-born citizens.

The immigration power Article 1 section 8

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Which structure of the government the constitution confers (what power) on the president to administer and CARRY OUT THE LAWS, and act in times of national,not domestic, emergencies without authorizing congressional legislation.

Executive Power: Article 2 section 1

Can pardon individuals or whole classes of persons any time after offense is committed. Effect of pardon is to preclude conviction or to mitigate or remove any penalties that result from conviction. The power of pardon cannot be limited by congress.

Presidential Pardon: Article 2 section 2

President has power to disapprove of any legislation passed by congress. President has power to override, Congress needs a vote of two-thirds of each house.

Presidential Veto: Article 1 section 7

Which power of president has the ability to vest executive power in certain government officers?

Power of Appointment: Article 2 section 2

President can appoint officers who exercise "significant authority under the laws of the United States"

Officers of the United States

Power to appoint belongs to Congress, not President. Includes the heads of departments, or officers whose work is "directed and supervised" by persons appointed by the President.

Inferior Officers

President has the power to terminate at will those officials who exercise of discretion is essential to the functioning of the executive branch. Congress can create an "independent" executive branch for officials relatively free from presidential control, who may only be remove "for cause".

Removal Power

Executive branch has some ability to take action or enter international commitments on behalf of the united states as a sovereign state among other sovereign states.

Foreign Affairs Power

What does a President negotiate to be effective but, Senate must still consent by ratifying it?

Treaties: Article 2 section 2

President can enter into international agreements without consent of Senate.

Executive Agreements

The President as Commander-in-Chief has the power to take some military actions without authorization by Congress.

Military Powers and Foreign Affairs

President is absolutely immune from civil damages liability for his official acts.

Executive Liability

Communications conducted in exercise of executive function are confidential.

Executive Privilege

Constitution balances power between dual sovereign governments, one belonging to the states, and the other to a central, federal government.

Federalism

What clause congress has the power to make all laws "necessary and proper" for executing its powers and all others given by the Constitution to federal government.

Necessary and Proper Clause

Under which power of Congress may use any of its enumerated powers to achieve any result not forbidden by the Constitution.

Enumerated Powers

What clause does Congress acts within its powers, it may expressly or implicitly enact laws that preempt state law.

Supremacy Clause

Where Congress has not enacted conflicting law and state action does not interfere with the federal structure, states may exercise non-exclusive federal power.

Preemption

If Congress has not occupied the field, state laws not consistent with regulatory scheme may be valid.

Express Preemption

Same issues as to extent of preemption must be court determined.

Implicit Preemption

What's it called when, In determining the scope of preemption, courts must consider the nature of the subject matter regulated and the comprehensiveness of the regulation in addition to legislative intent and history, plain meaning, and construction.

Factors

Which clause generally prohibits state law from impairing contracts. Financial contracts may be impaired.

Contract Clause: Article 1 section 10

Taking is for public use if the mean chosen must further a public purpose. Pennsylvania Co. v. Mahon, US

Public Purpose Nexus

What's it called when the government must pay compensation for a taking that involves physical invasion/occupation, denial of economically beneficial use and public functions.

Compensable Takings

What's it called when the Government is NOT required to pay compensation for takings tat involve public harm to be prevented or economically viable use still exists.

Non-compensable Takings

What's it called when even if the property taken is returned, the government must pay damages incurred by the property returned.

Temporary Takings

Supremacy clause provides that federal government and its properties are immune from state taxation and regulation. McCulloch v. Maryland

State Taxation/ Regulation of Federal Activity

What taxation Federal government does not have the direct legal obligation to pay the tax, but pays it incidental to another arrangement.

Indirect Taxation

What taxation a state may impose a direct tax on interstate business?

State Taxation on Interstate Commerce

What regulation does the Supreme court recognizes expansive power of Congress to influence or affect almost any state activity.

Federal Regulation of States

No state immunity from federal taxation.

Federal Taxation of States

What's it called when states may enter into agreements with other states, including those involving multi-state relationships without first obtaining the consent of Congress. Article 1 section 10.

Interstate Compacts

States must accord residents and nonresidents equal treatment with regard to certain interests essential to a national economy and interstate harmony.

Interstate Privileges and Immunities

What treatment States must give non-residents the same rights as their own residents for "fundamental rights"

Equal Treatment for fundamental interests

State may charge non-resident hunters higher fees for hunting licenses than residents.

Constitutional Discrimination

State may not impose residency requirement on non-resident women seeing abortion.

Unconstitutional Discrimination

What Amendment limits federal power to override state laws concerning traditional government "functions essential to the separate and independence existence" of the states.

10th Amendment

A doctrine of constitutional law under which the three branches of government (executive, legislative, and judicial) are kept separate. This is also known as the system of checks and balances, because each branch is given certain powers so as to check and balance the other branches.

Separation of Powers

What are the 5 Fundamental Rights?

1. Right to Privacy 2. Right to Vote 3. Right to Travel 4. Right to Education 5. Right to basic Necessities of Life

Fundamental right of women to terminate a pregnancy without undue state interference .

Abortion

In which trimester, State cannot interfere, strict scrutiny applied

i. First Trimester

In which trimester, State interest in health of mother is compelling, state may regulate to protect mother's health and safety.

ii. Second Trimester

In which trimester, Fetus is viable and state interest in that life is compelling, may regulate to prevent abortion, except where health or life of mother is at issue.

iii. Third Trimester

Court balances state restriction of voting rights against state's interest in imposing the restriction.

Two-part analysis

Qualifying or restricting votes, vote dilution and gerrymandering.

Types of vote regulation

Which right, Create, maintain, or change family relationships.

Right to Privacy

Which right does State imposition of penalties for a non-resident traveling from one state to relocate to another is subject to fundamental rights analysis.

Right to Travel

Which type of travel regulation states may not save state funds by preventing non-residents from receiving state benefits.

Deter Immigration

Which type of travel regulation, denial of basic necessities of life is subject to strict scrutiny, May not apportion funds based on length of residency.

Durational residency requirements

Which right, states there are no fundamental right to education. States are not required to ensure that equivalent financial resources are devoted to the education of each child.

Right to Education

Which right, Welfare benefits are a matter of social/economic legislation, subject to rational basis review, not strict fundamental rights scrutiny.

Right to Basic Necessities of Life

What are 2 concerns of Freedom of Speech?

1. Types of Protected Speech | 2. Speech Regulations

The state may prohibit speech advocating unlawful or subversive action.

Unlawful Activity

Words used in a manner and specific context where they would bring about a criminal harm.

Clear and Present Danger

Words that may cause harm by influencing other to undertake harmful acts, even those thought as advocacy of a certain doctrine.

Overthrow of Government by Force

The urging of a group or person to take immediate action.

Incitement

Direct personal insults likely to cause a person to react violently.

Fighting words

False and derogatory statements tending to produce hate or prejudice about a particular group. Example, statements that a certain race, creed, or religion is depraved.

Group Libel

False and derogatory statements, tending to harm the reputation of the subject discussed.

Defamation

Statement made with knowledge of falsely or in reckless disregard for the truth.

Public Figures: i. Actual malice required

Malice required if private persons voluntarily place themselves into a particular controversy. Private person becomes a "Public Figure" for a limited range of issues.

Private Persons

Disclosure of true facts that are private of harm to reputation based on false impression created by statement. a. Disclosure of private information that is already publicly known because it is in public record.

Invasion of Privacy

Which Amendment prevents regulation of speech based on its content or the viewpoint expressed by the speaker. Laws that regulate speech on the basis of content or viewpoint are unconstitutional. Also, provides for the right to associate with others for the advancement of beliefs, ideas and opinions, to communicate and to engage in all activities.

1st Amendment Freedom of Association

A law that doesn't distinguish between types of speech on the basis of what the speech is about, is constitutional.

Content Neutral

A law that regulates an entire topic or speech regardless of the opinions or views expressed about the topic is constitutional.

Viewpoint Neutral

Government may regulate speech on the basis of content if a. The government has a compelling interest to do so and the means of regulation are necessary to achieve that interest. b. The law regulates conduct and not the content of the speech associated with it.

Content-based Regulation

Government regulation of speech before it has taken place is generally unconstitutional.

Prior Restraint

A statute is vague if persons of common intelligence cannot gu constitutionally ess what type of behavior is being regulated

Vagueness

A statute is overbroad if it is worded in such a way that permits a state to regulate both matters that it may constitutionally proscribe, and those that it may not constitutionally regulate or proscribe.

Overbreadth

To the average person applying contemporary community standards, the expression is obscene if a. it appeals to prurient interest, b. work is patiently offensive and taken as a whole, lacks serious literary, artistic, political, or scientific value.

Obscene Speech

Government cannot prohibit the use of specific words in a public place where speech is not legitimately restricted.

Indecent and Offensive Speech

If law regulates expression based on its content, strict scrutiny will be applied to uphold regulation. If regulation incidentally affects expression, or government has important aim unrelated to the expression, balancing test is applied: government interest is weighed against the impact of the law on expression.

Symbolic Speech

First Amendment does not protect protect speech and attendant conduct that is motivated by bias or discrimination.

Discriminatory Conduct

The government may regulate the time, place, and manner of access to locations that may be used for expressive purposes. Laws regulating access to property on the basis of the speech that is to be made on such property are generally unconstitutional.

Time, Place, and Manner Regulations

Specific types of public property traditionally associated with the act of speech or expression. Laws regulating speech in public forums may be upheld if they are content neutral, narrowly tailored to serve a compelling government interest and allow for alternative channels pf communication.

Public Forums

Property that is not traditionally associated with speech, or whose primary use is not for expressive activity. Laws regulating speech in nonpublic forums may be upheld if they are viewpoint neutral and reasonably related to a legitimate government purpose.

Nonpublic Forums

Property that is not open to the public at large, or otherwise in the hands of private parties. Laws regulating speech in private forums may be upheld if state allows access to shopping centers for expression, but otherwise the Constitution does not apply to private property.

Private Forums

Any speech that is economically motivated or which does nothing more than purpose a commercial transaction is protected. Also provides information helping customers make choices about product or services.

Commercial Speech

Press not immune from subpoena or search warrants

Government Inquiry

Government must ensure that places traditionally open to the public remain open unless government has a compelling interest in closing. Press only has same right of access as the public itself.

Access to Information

To determine whether state legislation affecting certain rights in constitutional, a court must examine that state's goals and the means used to achieve its goal.

Judicial Review

State regulation will be upheld if it is rationally related to achieving a legitimate state purpose. Applies primarily to social and economic regulations.

Rational Basis

States have great latitude in creating taxation schemes as long as the schemes bear a rational relationship to a plausible policy justification.

Taxation

State regulation will be upheld if it is substantially related to an important government purpose. Applies primarily to gender, alienage, and illegitimacy cases.

Intermediate Review (heightened scrutiny)

Congress has plenary power to regulate immigration and naturalization and its decisions are subject to rational basis review.

Alienage Classifications

Classifications of children based on nonmarital status of parents, intermediate scrutiny applies. Qualification for awards and benefits (wrongful death, worker's compensation, social security survivor's benefits, parental support)

illegitimacy Classifications

State regulation will be upheld if it is necessary to achieve a compelling government interest.

Strict Scrutiny

Suspect classes, race, national origin, ethnicity.

Suspect classes

Struct scrutiny used to uphold laws infringling on rights

Fundamental rights

law is unconstitutional if it compels disclosure of membership in a lawful association where disclosure subjects members of the organizations to sanctions, or public embarrassment.

Lawful Associations

Inquiry into fitness and competence of applicants for public employment may be unconstitutional because it chills freedom of association.

Public Employees

State cannot require persons to provide for support of organizations or causes with which they disagree.

Freedom not to Associate

Application of rule is limited to political or ideological associations.

Limitation

State must permit people to believe and practice their religious beliefs without interference. State may not deny benefits to or burden persons based on their beliefs.

Free Exercise Clause

Denial of compensation following discharge for refusing to work on Sabbath or resigning because of religious beliefs violates strict scrutiny, compelling state interest test, and is an unconstitutional burden.

Unemployment Compensation

Congress's attempt to restore the compelling state interest test.

Religious Freedom Restoration Act

Cannot bring action against private individuals for constitutional violations unless state action is shown.

State Action

Private party exercises powers traditionally reserved to the state.

Public Functions

Private party has a "close nexus" to state activity that injured plaintiff, such as the use of state courts to enforce a private action, or use of state funds.

State Involvement

Private action pursuant to an affirmative state act designed to encourage private violations of civil rights.

State Authorization or Encouragement

When was the U.S Constitution signed?

September 17, 1787

When did the U.S Constitution took effect?

March 4, 1789

What constitutes the first 10 Amendments to the Constitution?

The Bill of Rights

What word does not appear on the Constitution?

Democracy

What three words does the Constitution start with? One of the most powerful openings in history.

"We the People"

How many words is the U.S Constitution compromised of?

4,543 words

What other language is used in the constitution?

Latin

US Constitution Flashcards

Quiz #2