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71 Cards in this Set

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Principles of intergovernmental immunity:
The United States government, as well as its agencies and instrumentalities, is immune from state regulation that interferes with federal activities, functions, and programs. To the extent that state regulations substantially interfere with an authorized federal program, the state laws must yield.
equal protection violation
exists where a law limits the liberty of some persons but not others, i.e., where a law treats similar persons in a dissimilar manner.
Political Questions:
Political questions will not be decided. These are issues (i) constitutionally committed to another branch of government or (ii) inherently incapable of judicial resolution.
Examples of Political Questions
Challenges based on the "Republican Form of Government" Clause of Article IV; challenges to congressional procedures for ratifying constitutional amendments; whether a person elected to Congress meets the age, residency, or vote requirements; and the President's conduct of foreign policy are political questions.
under the substantive provisions of the Due Process Clause or the Equal Protection Clause, If no fundamental right or suspect or quasi-suspect class is involved,
the law will be assessed under the rational basis standard
rational basis standard:
Under that standard, government action will be upheld as long as it is rationally related to a legitimate government interest
The Supreme Court will not hear a case from state court, even though it has jurisdiction over the parties and the subject matter, if:
there are adequate and independent state grounds to support the decision
The First Amendment protects the freedoms of:
speech and assembly; however, the protectThe government is allowed to adopt regulations concerning the time, place, and manner of the exercise of speech and assembly in public forums and designated public forums to facilitate order and to protect other important government interests. To be valid, such a law must: (i) be content neutral; (ii) be narrowly tailored to serve a significant government ion is not absolute.
The government is allowed to adopt regulations concerning the ______, ________, ________
the time, place, and manner of the exercise of speech and assembly in public forums and designated public forums
For what purpose can the government adopt regulations concerning the time, place, and manner of the exercise of speech and assembly
to facilitate order and to protect other important government interests.
If Congress has not adopted laws regarding a subject whata right to local governments retain?
local governments are free to tax or regulate local aspects of the subject area as long as the tax or regulation does not discriminate against interstate commerce or unduly burden it
local governments are free to tax or regulate local aspects of a subject area as long as
(1)ongress has not adopted laws regarding a subject (2)the tax or regulation does not discriminate against interstate commerce (3)the tax or regulation does not unduly burden interstate commerce
A local tax will be held to unduly burden interstate commerce if:
The locality's need for the revenue does not outweigh the burden on interstate commerce.
To determine if A local tax will be held to unduly burden interstate commerce the Supreme Court will consider:
(1)whether there is a substantial nexus between the activity or property taxed and the taxing state; (2)whether the tax is fairly apportioned; and (3) whether there is a fair relationship between the tax and the benefit the taxed party receives from the state
To have standing a plaintiff must show:
(1) that it has a concrete stake in the outcome of the litigation sufficient to ensure its zealous participation.
To have standing on a constitutional issue a plaintiff must be able to show:
that (1) it is or will be injured by the government action involved; and (2)that its injury can be remedied by a decision in its favor
Where government aid is given to a religious body and no sect preference is involved the aid will be upheld if:
(i) it has a secular purpose; (ii) its primary effect neither advances nor inhibits religion; and (iii) it does not produce excessive government entanglement with religion
Under the Supremacy Clause, if the federal government adopts legislation that it has the power to adopt:
the federal legislation is supreme, and a conflicting state law is rendered invalid
Where is the right to privacy mentioned in the constitution.
NO WHERE!! But the Supreme Court has recognized the right on a number of occasions.
When is the right to privacy strong?
When the government restricts a fundamental right.
What standard must the government meet when it restricts a fundamental right?
The government must show (1) a compelling interest in the regulation and (2) that the regulation is necessary to achieve that purpose.
Under the Due Process Clause, unless fundamental rights are involved, government action is:
Constitutional as long as it is rationally related to any conceivable legitimate end of government.
The fundamental Rights Are:
RIGHT OF PRIVACY, RIGHT TO VOTE, RIGHT TO TRAVEL, FIRST AMENDMENT RIGHTS (INCLUDING RELIGION)
Right Of Privacy Includes:
Marriage, Use of Contraceptives, Abortion (normal strict scrutiny analysis cannot be applied), Obscene Reading Materials (in one's home), Keeping Extended Family Together, Rights of Parents, Intimate Sexual Conduct,
RIGHT TO VOTE:
Restrictions voting rights, other than on the basis of residence, age, and citizenship, are invalid unless they can pass strict scrutiny.
Right To Travel
An individual has a fundamental right to migrate from state to state and to be treated equally after moving into a new state. However, not every restriction on the right to cross state lines is an impairment of the right to travel (e.g., increased penalties for a father abandoning his children and leaving the state are valid).
Does court enforcement of restrictive covenants between private parties constitute governmemnt action?
Yes, Government action includes court enforcement of restrictive covenants between private parties, and deed restrictions based on race have been held unenforceable in Shelley v. Kraemer (1948) because enforcement would constitute government action supporting discrimination against a suspect class
What does Substantive due process test?
the reasonableness of a statute; it prohibits arbitrary governmental action.
Under substantive due process, where the government action limits a fundamental right, the government must prove:
the action is necessary to promote a compelling interest.
Under substantive due process, if a fundamental right is not involved,
If a fundamental right is not involved, the challenging party must prove that the act is not rationally related to any legitimate government interest.
When Does Equal Protection apply?
Equal protection applies where a statute or governmental action treats similar people in a dissimilar manner.
What privileges and immunities are covered by the Fourteenth Amendment?
The privileges and immunities covered by the Fourteenth Amendment are those attributes peculiar to United States citizenship (e.g., the right to petition Congress for redress or the right to vote for federal officers)
What does Procedural due process require?
Procedural due process requires that fair procedure be used before a government agency takes away a person's life, liberty, or property.
What fair procedure, under Procedural Due Process, must be used before a government agency takes away a person's life, liberty, or property.
At the very least, this requires notice of the government's proposed action and an opportunity to present objections to an unbiased decision maker. A person has a protectable property interest whenever she has a legitimate claim to a benefit under state law
To be valid, time, place, and manner regulations on speech in public forums and designated public forums must:
(1) be content neutral, (2) narrowly tailored to serve a significant government interest, and (3) leave open alternative channels of communication
Generally, do federal courts enjoin pending state criminal proceedings?
The federal courts generally will abstain from enjoining pending state criminal proceedings, even if they have jurisdiction over the case.
When will a fedearl court hear the claim of a state court criminal defendat?
The federal court would ordinarily not hear defendant’s claim until after the state prosecution has ended. However, a federal court will hear an action to enjoin a pending state court prosecution if it is being conducted in bad faith; e.g., merely to harass the defendant
When will a fedearl court hear the claim of a state court criminal defendat, even though the state prosecution has not yet ended?
A federal court will hear an action to enjoin a pending state court prosecution if it is being conducted in bad faith; e.g., merely to harass the defendant
What Is A Political Question?
Political questions are those committed by the Constitution to another branch of the government or that are inherently incapable of resolution and enforcement by the judicial process
Under the rational basis standard, who has the burden of proof, and what must they prove?
Under the rational basis standard, the party challenging the government action has the burden of proving that the action is not rationally related to any legitimate state interest--a very difficult burden to meet
What power is granted to congress by Article IV, Section 3 of the Constitution?
Article IV, Section 3 of the Constitution gives Congress the power to dispose of all property belonging to the federal government. There are no express limits placed on this power, and a disposal has never been invalidated on the ground that it places a competitor of the purchaser at a disadvantage
Is commercial speech protected by the first amendment?
Commercial speech is protected by the First Amendment, but it can be subject to significantly more regulation than noncommercial speech.
How does a court determine whether a restriction on commercial speech is valid?
A court first asks whether the speech concerns lawful activity and is not misleading or fraudulent. Next, the court will determine whether: (i) the government interest in the regulation is substantial; (ii) the regulation directly advances that interest; and (iii) the regulation is narrowly tailored to the substantial interest
Are charitable solicitations for funds in residential areas within the protection of the First Amendment?
Charitable solicitations for funds in residential areas are within the protection of the First Amendment. In Village of Schaumburg v. Citizens for a Better Environment (1980), the Supreme Court held unconstitutional a municipal ordinance that prohibited the door-to-door solicitation of contributions by charitable organizations that did not use at least 75% of their receipts for charitable purposes.
The right to have children involvse what fundament right?
The right to have children involves the fundamental right of privacy, and when a statute imposes on a fundamental right, it will violate due process unless the state can show that it is necessary to promote a compelling interest.
The Commerce clause of the constitution gives congress what plenary power?
The Commerce Clause of the Constitution gives Congress plenary power to authorize or forbid state taxation that affects interstate commerce. Unless approved by Congress, state taxes that discriminate against interstate commerce are invalid.
What prohibits government from treating similarly situated people differently without good reason?
The Equal Protection Clause prohibits government from treating similarly situated people differently without good reason. The Equal Protection Clause of the Fourteenth Amendment is limited to state action. However, grossly unreasonable discrimination by the federal government violates the Due Process Clause of the Fifth Amendment. The Court applies the same tests under either constitutional provision.
What constitutes a good reason for treating similarly situated people differently?
What constitutes a good reason depends on the classification and the right involved. If the class is suspect or the right is fundamental, a compelling reason is required.If a quasi-suspect classification is involved, intermediate scrutiny is the applicable standard. If the classification does not affect a fundamental right or involve a suspect or quasi-suspect classification, the rational basis standard applies.
What is a suspect classification?
Classifications are suspect if they are based on race, national origin, or alienage. Judged by a strict scrutiny standard.
What is a QUASI-SUSPECT CLASSIFICATION?
Classifications based on legitimacy and gender are "quasi-suspect."? reviewed under the intermediate scrutiny standard: They must be substantially related to an important government purpose. The government bears the burden of showing an "exceedingly persuasive justification" for the discrimination.
Age, disability, and wealth classifications are judged by what standard?
the rational basis standard
How does the equal protection clause effect tax classificaions?
For most state or local government taxes, equal protection requires only that the tax classifications have a rational relationship to a legitimate government interest.
What is found in Article II, Section 2 of the consitution?
Article II, Section 2 provides that the President shall nominate, and with the advice and consent of the Senate shall appoint, ambassadors and other officers of the United States. The section also provides that Congress may vest the appointment of inferior officers in the President alone, in the courts of law, or in the heads of departments.
May Congress vest in itself any broader appointment of powers than what is provided for by the Constitution?
Under separation of powers principles Congress may not vest in itself any broader appointment powers than what is provided for by the Constitution. Where Congress has not vested the appointment power in courts of law or the heads of departments, it is not permitted to restrict the candidates that the President may nominate for appointment.
Compare the stae interest in rehabilitating juveniles offenders to the press and the publics First Amendment Right of access.
The state interest in rehabilitating juvenile offenders outweighs the First Amendment interests of the press in obtaining access to the juvenile court records. The press and the public have a broad First Amendment right of access to criminal proceedings which can only be outweighed by a compelling government interest. In juvenile proceedings, the press's right of access is not as strong and the state's interest is equally compelling, justifying the statute in this case.
How does an individual gain standing to challenge government action on constitutional grounds?
Person must show that he has a concrete stake in the outcome of the litigation to ensure adequate presentation of the issues. To have such a stake, the potential litigant must show that (1) he has an injury in fact (2)caused by the government that is (3)more than the theoretical injury that all persons suffer when the government engages in unconstitutional acts, and (4) that a decision in his favor will eliminate his harm
Under what circumstances can the government ban billboards in particular areas?
The city may ban billboards in a particular area for purposes of traffic safety or aesthetic if the ordinance constitutes a valid time, place, and manner regulation; i.e., it must be content neutral, it must be narrowly tailored to further a significant government interest, and there must be alternative media available for the protected expression
What constitutes a "Property interest" for procedural due process concerns?
"Property" includes more than personal belongings and realty, but an abstract need or desire for (or a unilateral expectation of) a benefit is not enough. There must be a legitimate claim or " entitlement" to the benefit under state or federal law. Examples of property interests include continued attendance at public school, welfare benefits, and (in some cases) government employment.
What matters can be investigated by Congress?
Congress may investigate only matters upon which it can legislate, but it is not limited to matters as to which it has made appropriations of money
How does the doctrine of speraion of powers relate to executive discrtions as to whether to prosecute?
The doctrine of separation of powers prohibits legislative interference with the executive discretion as to whether to prosecute?
Under the genreal welfare power, what may the federal government attach to expenditures?
Prior to disbursement, the federal government may attach any reasonable condition to expenditures under the general welfare power
On what basis can state action be struck down, even if it is facially neutral?
State action that is facially neutral will nevertheless be struck down if it can be shown that it was intended to discriminate on the basis of race or national origin and does in fact have that effect.
From a practical standpoint federal regulations that control the states as well as private persons will be found to be valid or invalid? Explain
In theory, the Tenth Amendment prohibits federal regulation of state activities if the regulation would virtually eliminate the state's local functions. As a practical matter, the Court's holding in Garcia v. San Antonio Metropolitan Transit Authority (1985) gives Congress broad authority when it acts pursuant to its enumerated powers. Accordingly, a federal regulation that controls the states as well as private persons is valid.
Regulations that do not affect fundamental rights or involve suspect or quasi-suspect classifications (most laws) are reviewed under the what standard?
Regulations that do not affect fundamental rights or involve suspect or quasi-suspect classifications (most laws) are reviewed under the rational basis standard: The law is upheld if it is rationally related to a legitimate government purpose. This is a very easy standard to meet; therefore the law is usually valid--unless it is arbitrary or irrational .
Under what cases does the Supreme court have original jurisdiction?
The Supreme Court has original jurisdiction in all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party. In all other cases, such as maritime disputes, the Supreme Court has only appellate jurisdiction
Where is Congress given the power to regulate federal lands?
Congress is specifically given the power to regulate federal lands in Article IV. Since there is no other authority that can regulate the use of federal lands but Congress, this is all the authority Congress would need to enact this type of statute
What power is given to congress under the Apportionment Clause?
The Appointment Clause of the Constitution permits Congress to vest appointments of inferior officers only in the President, the courts, or the heads of departments. Enforcement is an executive act; therefore, Congress cannot appoint its own members to the Commission to exercise enforcement powers. A duly appointed commission does have the power to make rules and regulations governing the subject matter for which it is appointed.
What powers does the president have in the field of foreign affairs?
The Supreme Court has stated that in the field of foreign affairs, the President has "plenary" powers. Coupled with the President's power to enter into executive agreements, his power is almost unlimited in the area of foreign affairs.
What is are executive agreements and deference are they given?
International agreements not submitted to the Senate are known as ‘executive agreements’ in the United States. The Supreme Court has held that executive agreements are the law of the land until Congress enacts a statute that is inconsistent with the executive agreement. When a state statute conflicts with an executive agreement it must be declared unconstitutional.
-In Young v. American Mini Theaters (1986), the Court held that the mere fact that the commercial exploitation of certain material was protected by the First Amendment does not prevent the city from zoning or imposing other licensing requirements, as long as the businesses are not totally banned.
-In Young v. American Mini Theaters (1986), the Court held that the mere fact that the commercial exploitation of certain material was protected by the First Amendment does not prevent the city from zoning or imposing other licensing requirements, as long as the businesses are not totally banned.
How should state classifications based on alienage that do not involve alien participation in the self-govenment process be treated under the equal protection clause?
State classifications based on alienage that do not involve alien participation in the self-government process are suspect under the Equal Protection Clause and are subject to strict judicial scrutiny.