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