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20 Cards in this Set

  • Front
  • Back
Can state impinge commerce with foreign countries?
No, Commerce clause pre-empts
Is the Supremacy Clause an independent source of Congressional power?
No.
Gender based classifications are subject to what level scrutiny?
Intermediate
Single sex schooling is appropriate at the Univ level for a state if the state can articulate reasons which
Satisfy the intermediate level of scrutiny, which means important gov purpose substantially related to achieving that purpose
The 14th Amendment can include
All Con Amendments that have been incorporated into it. Look for this on Freedom of Religion and Speech
14th Amendment priv and immunities clause is a lot like a dead tree. Why
It has been dead for a long fucking time.
What is the Commerce Clause not good for?
Getting individuals or states to act.
What is the Commerce Clause good for?
Effectuating Congressional power to regulate.
What is the dormant commerce clause good for?
To curb state economic regulations.
How can the taxing power be used for regulatory purposes?
By linking it with a revenue raising purpose. If you see this and commerce power, go commie.
In a statutory challenge The Due Process clause is the best answer only when these two things are present
A. State action
B. Faulure to grant hearing if personal or privacy expectation
EP clause is the best answer when these things are present
a. State action
b. Right to travel vote marry race alienage or sex
Is the Supremacy Clause a good answer when a federal statute or con prov conflicts with a state activity?
Yes. Supremacy Clause is not a power of Congress.
The rights to speech are related to
The place where speech takes place. The more public the place, the greater the rights.
Give examples of public forums.
Public parks, sidewalks and streets.
Neutral laws, for police power, or administrative purposes will be upheld as against First Amendment challenges if the state:
Can show rational basis or govt interest.
Can the State control the content of the curriculum in the schools?
So long as fundemental rights are not violated
Campaign donor disclosures are least likely to be upheld when
Donors are subject to reprisal efforts.
Communications that are not pornographic may or may not be regulated in time place and manner.
What comes after April? MAY!
One instance of when a criminal statute is vague is when
Persons have to guess about what conduct is prohibited, thus giving officers too much discretion in finding violation