Wrong Answer Rules Flashcards
To be within Congress’s power under the Commerce Clause, a federal law must either:
- regulate the channels of interstate commerce;
- regulate the instrumentalities of interstate commerce; or
- regulate activities that have a substantial effect on interstate commerce.
The “substantial effects” test requires:
- that the regulated activity is “economic” in nature; and
- the regulated activity (when taken cumulatively throughout the nation) has a substantial effect on interstate commerce.
True or false: A small, localized business may have a substantial effect on Interstate commerce
true.
True or False: Congress does not have the power to regulate maritime activities, only waterways of interstate commerce.
True.
True or False: If a statute enacted by Congress does not affect interstate commerce, it may be invalidated as an impermissible intrusion on local affairs.
True.
Does the Constitution grant President power to regulate interstate Commerce?
No. It grants Congress, NOT the President
Why doesn’t the President have the authority to impose economic regulations?
The President does not possess any legislative powers to do so. The President may act only if there is explicit authorization in the Constitution or in a federal statute.
Do states have the constitutional power to tax instruments of interstate commerce?
No. only congress may regulate interstate commerce.
State taxation of interstate commerce is permissible as long as the tax
does not discriminate against or unduly burden interstate commerce.
when is a license tax valid?
license is valid as nondiscriminatory and not unreasonably burdensome only as long as the tax is fairly apportioned with an equal application to local salespeople.
True or False: The Constitution gives Congress the power to exercise exclusive legislation over the District of Columbia and to govern places where the government has purchased and erected forts, arsenals, dockyards, and other needful buildings.
True.
True or False: a referendum, which is a means for direct political participation by the people, allowing them what amounts to a veto power over legislative enactments, cannot be characterized as a delegation of power.
True.
True or False: a commission that has the authority to adopt and enforce regulations are considered officers of the United States.
True.
Therefore, pursuant to the Appointments Clause, they must be appointed by the President with the advice and consent of the Senate.
True or False: Congress lacks the constitutional power to add to the Supreme Court’s original jurisdiction. This is FIXED.
True.
For the purposes of the Taking Clause of the Fifth Amendment, “Just Compensation” is determined by:
the fair market value of the land.
Facially discriminatory law against commerce from outside an city are allowed ONLY:
in the absence of any nondiscriminatory means to promote the government’s interest.
A case will not be dismissed for mootness if the injury is “capable of repetition yet evading review.”
When does this apply?
only in situations where litigation is unlikely to be completed because of the short-term nature of an issue.
*Look for if a policy has been discontinued or not(if not, it will not be dismissed)
When is a case NOT Ripe?
Ripeness bars consideration of claims BEFORE they have fully developed.
courts cannot review or grant a declaratory judgment of:
i.) a state law BEFORE it is enforced; OR
ii.) where there is NO threat the statute will EVER be enforced.
Relies on uncertain or contingent future events that may not occur as anticipated.
What is the exception of when a case is Ripe?
If the plaintiff can show a specific or present harm or a threat of specific future and imminent harm before the law is enforced
when the future events have an immediate impact, even if they rely on uncertain or contingent future events,
if a controversy or matter has already been resolved, then the case will be dismissed as ______
MOOT.
an Advisory opinion would be a response to a ________
hypothetical question.
The proper standard of review of a durational residency requirement is
strict judicial scrutiny because it burdens the fundamental right to travel
When is the Privileges or Immunities Clause of the Fourteenth Amendment mostly used?
When an in-state citizen is discriminated against on the basis of the citizen having only resided in the state for a limited time (i.e., a durational residency requirement.
This involves the right to travel and elect to become a permanent resident.
Government officials are prohibited from penalizing employees and contractors because of their political beliefs or associations UNLESS:
political beliefs or affiliations are relevant to job performance.
What is the Takings Clause?
requires the state to pay just compensation when it takes an individual’s property, even if the state had a legitimate interest for the taking.
True or False: For the purposes of the Takings clause, it does not matter if the owner’s interest in a property is very small.
True.
True or False: “unrelated, married persons” are protected by the Due Process Clause of the Fourteenth Amendment.
False.
True or False: a municipality can enact an oridnance prohibiting unrelated, unmarried persons from residing in the same dwelling until because the ordinance bears a substantial relationship to the health, safety, welfare, and morals of its citizens.
True.
True or False: It is within a state’s police powers under the Tenth Amendment to regulate the employment relationship of unauthorized immigrants.
True.
Two Exceptions where state action can be found in the actions of private actors:
i.) the public function theory; or
ii.) the significant state involvement, endorsement, or encouragement theory
What is the public function theory?
where a private entity is carrying on activities traditionally and exclusively performed by the government
Examples:
*operation of public spaces
*“company town” with privately-owned streets amount to a public function
True or False: Courts have not used selective incorporation to apply the Seventh Amendment jury trial requirement to the states.
True.
What is the significant state involvement, endorsement, or encouragement theory?
where the government and private entity are so closely related that the action by the private party fairly can be treated as action by the government.
the state must be “significantly involved” in the private entity. Merely granting a license or providing essential services is insufficient.
The federal court may abstain, or refuse to hear a particular case where there are:
The abstention doctrine permits the state court to resolve issues of state law, thereby making it:
Undecided issues of state law presented.
making a decision of the constitutional issue unnecessary.
The federal government may administer antipsychotic drugs against a defendant’s will in order to render him competent to stand trial, as long as:
- the treatment is medically appropriate;
- does not cause substantial side effects; and
- is necessary to significantly further important governmental trial-related interests.
the question of whether the medication is medically appropriate does not arise UNLESS it is determined that the defendant is:
incompetent.
A person is competent to stand trial if the person:
- is able to understand the proceedings;
- consult meaningfully with counsel; and
- assist in his or her defense.
A state law that imposes a burden on interstate commerce but that does not discriminate on its face between in-state and out-of-state actors will be upheld if:
- the law serves an important state interest; and
- the burden on interstate commerce is not excessive in relation to the interest served.
Due process requires recusal of a judge when the judge:
has a pecuniary interest in the case, such that an average judge would possibly tempted to render an imbalanced or untrue judgment.
True or False: There is no presumption of bias for a judge’s recusal under due process. it is a case-by-case determination.
True.
If one party to a case had a significant and disproportionate influence in getting the judge elected, the due process requires that the judge:
Recuse himself.
An association has standing to assert the claims of its members, even if the association has not suffered any injury itself, if the following three conditions are met:
- the members would otherwise have standing to sue in their own right;
- the interest asserted is relevant to the association’s purpose; and
- neither the claim asserted nor the relief requested would require participation by the individual members of the lawsuit.
Restriction of expression in public forums requires courts to apply an intermediate scrunity standard.
Under the intermediate scrutiny standard, a law will be upheld if it is:
- content-netural (regarding both subject matter and viewpoint);
- narrowly tailored to serve an important governmental interest; and
- leaves open alternative avenues of expression.
A congressional act purporting to be a “tax” should be upheld as a valid exercise of the taxing power if:
i.) It raises revenue;
ii.) It was intended to raise revenue even if it doesn’t; or
iii.) Congress has the power to regulate the activity that’s being taxed.
Yes-Adequate and Independent State Grounds(Supreme Court will not Review)
- State court clearly states that a state law violates other state law or a provision of a state constitution(regardless of whether the opinion also decides that the state law violates a federal law as well)
- State supreme court based its decision entirely on the state constitution without addressing the federal constitutional issue.
- State court holds that a state law violates both the state and federal constitutions, with no indication that the constitutional interpretations were co-extensive.
The Court does NOT have appellate jurisdiction over any decisions that find state laws in violation of the federal Constitution.
True or False: It is considered a fundamental right for parents to be able to make decisions regarding the care,
custody, and control of their children, and any law that infringes upon that right must survive strict scrutiny.
True
