Conlaw: Extra

Front 1

What types of cases does the 11th Amend. bar?

Back 1

-Federal courts will not hear claims against States unless:
1. State consents
2. P is U.S. or another State
3. Congress has granted federal courts authority to hear a specific damage action under the 14th Amend--civil rights statutes.

Front 2

What is the standard for determining the constitutionality of burdens to Commercial speech?

Back 2

-Commercial speech is protected by the 1st Amendment if (i) truthful and (ii) does not promote unlawful activity
-Other restrictions on commercial speech will only be upheld if:
1. Narrowly tailored to advance
2. Substantial govmt. interest

Front 3

When are restrictions on Fighting Words constitutional?

Back 3

-Content-based restrictions on speech must be (i) narrowly tailored (ii) to serve a compelling govmt. interest.
-Examples of a compelling interest:
--True Threats carried out with intent to intimidate
--Fighting Words: personally abusive that would incite immediate physical retaliation in the average person

Front 4

Where are the two Privileges and Immunities Clauses?

Back 4

1. 14th Amend Privileges of National Citizenship: States cannot deprive their own citizens of the privileges of national citizenship--voting in federal elections, interstate travel, etc.
2. Art. 4 Interstate Privileges and Immunities: States cannot discriminate against residents of other states in (i) their fundamental rights--commercial rights and civil liberties; (ii) w/o substantial justification

Front 5

When is state regulation precluded by Preemption?

Back 5

-A valid federal regulation may expressly or impliedly occupy the entire field, even where state law is non-conflicting.
-Express Preemption clauses are narrowly construed
-In areas traditionally within the power of the states, courts start from the presumption that the historic state police powers are not superseded, unless there is clear and manifest contrary Congressional purpose

Front 6

When can a public employer terminate an employee for speech-related conduct?

Back 6

-Depends on whether the speech is one of public concern:
--If public concern is involve, the courts balance the employee's rights as a citizen against the employer's interest in efficient public service
--If not a matter of public concern, then deference is given to employer
--Note: "Public Concern" is very broadly interpreted.
---Example: Employee that makes a joke about the irony of a health agency allowing indoor smoking is a "matter of public concern"

-Exception: Govmt. employer may punish an employee's speech whenever the speech is made pursuant to her official duties, regardless of whether a matter of public concern is present

Front 7

What is the scope of Executive Privilege?

Back 7

-President has a privilege to keep certain communications secret, especially national security
-Exception: in criminal proceedings, presidential communications are available to the prosecution where such a need is demonstrated
--Example: Nixon

Front 8

What is Executive Immunity?

Back 8

-President has ABSOLUTE immunity from civil damages based on any action he took within his official responsibilities
-No immunity for acts that occurred before taking office.
-Presidential aids that have exercised in sensitive areas share immunity

Front 9

Who makes preliminary determinations of admissibility?

Back 9

-Jury makes preliminary determinations of relevancy
--Examples: agency, authenticity, credibility, and personal knowledge
-Judges determine competency of relevant evidence
--Examples: hearsay, privileges, expert testimony, competence

Front 10

What is a Durational Residency Requirement?

Back 10

-One where a state imposes a minimum period for receiving certain benefits
-These may be EP or Substantive Due Process violations of the fundamental right to Interstate Travel

Front 11

What is the scope of Congress's Investigatory Power?

Back 11

-It only extends to matters on which Congress could legislate

Front 12

What procedural process is due public employees?

Back 12

-Generally, at-will public employees can be terminated without cause
-For tenured and for-cause employees, (i) prior notice, (ii) opportunity to respond, and (iii) subsequent evidentiary hearing is required

Front 13

What is the 13th Amend?

Back 13

-Neither slavery nor involuntary servitude shall exist in the U.S.
-Congress has the power to adopt appropriate legislation to enforce
-Includes prohibition on PRIVATE and STATE action

Front 14

What limitations can states impose on candidates in elections?

Back 14

-Ballot access regulations must be reasonable, non-discriminatory means of promoting important state interest--efficient elections
-States may not charge fees that make it impossible for indigents to run
-Examples: minimum signatures, financial disclosures

Front 15

What is the Appointment Power?

Back 15

-Generally belongs to the executive, concerning, ambassadors, public ministers, SCOTUS judges, and other officers with the advice and consent of the SENATE
-Congress may vest the appointment of other inferior officers in the executive, courts, agencies, but may not itself appoint members of a boy with administrative or enforcement powers

Front 16

What statutes does the Contracts Clause bar?

Back 16

-STATE statutes that retroactively and substantially impair contract rights, unless they serve an IMPORTANT and LEGITIMATE interest that is NARROWLY TAILORED