World Flashcards
Government eliminated a lien that a guy had on a plane.
A Fifth Amendment taking occurs when the government destroys private property or property rights—including possessory and nonpossessory interests in land (e.g., easements, liens)
state bans sale of alcohol over 10%. Can they do this?
Yes. The Twenty-first Amendment grants states broad authority to regulate alcohol within their borders. This authority includes the ability to prohibit the importation, transportation, or sale of alcohol within the state and to delegate such authority to local governments (e.g., municipalities).
Cereal company files preemptive lawsuit because they were afraid the FDA might further extend a regulation and they wanted to prevent that.
Since the jurisdiction of Article III courts is limited to actual cases or controversies, a plaintiff’s claim must be ripe for litigation. This occurs when the plaintiff has suffered an injury-in-fact—i.e., actual harm or an imminent threat thereof.
State wanted to impose time limits for voting on congressional elections.
Congress has the power to override this rule.
Under the elections clause, state legislatures have the power to enact laws that regulate the time, place, and manner of congressional elections (e.g., by establishing voting sites). But the clause also grants Congress the power to override those state laws by supplanting them with federal law.
state passes requirements requirements for home schoolers, parents sue
The Fourteenth Amendment due process clause generally prohibits states from enacting laws that substantially impair parents’ right to control their children’s upbringing and education. However, this right is not absolute, so states may impose reasonable educational standards on schools without violating the due process clause.
a minister or priest is fired
Fed court cant hear the ministers case. The First Amendment free exercise and establishment clauses prohibit government interference with a religious organization’s right to shape its own faith and mission. As a result, the ministerial exception protects religious organizations from liability for employment discrimination when they hire or fire employees in ministerial roles.
Fed law that says if a US citizen voted in a foreign election theyll lose their passport.
Congress has plenary (i.e., exclusive) power to regulate naturalization—i.e., the process through which noncitizens obtain U.S. citizenship. But the Fourteenth Amendment limits this power by prohibiting Congress from revoking the citizenship of any U.S. citizen without his/her consent unless that citizenship was obtained by fraud or in bad faith.
Congress passes bill that
Under the Article I suspension clause, persons in federal custody can challenge their detention by filing a writ of habeas corpus in federal courts unless Congress has suspended the writ. This clause applies to noncitizens classified and detained as enemy combatants in territories over which the United States has sovereign control.
