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139 Cards in this Set

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May Congress regulate state and local government activities if the law applies to BOTH the state and private entities?
Yes, Congress may regulate state and local government activities if the law applies to BOTH the state and private entities.

However, a federal regulation that does NOT apply to private businesses and that merely regulates a purely state government activity may be LIMITED by the 10TH AMENDMENT!

EXCEPTION: Civil rights

EXCEPTION: Spending power conditions
A STATE has no power to regulate activities of the FEDERAL government UNLESS
____________________________________________.
A STATE has no power to regulate activities of the FEDERAL government UNLESS
CONGRESS CONSENTS TO THE REGULATION.
A STATE has no power to regulate activities of the FEDERAL government UNLESS _______ ________ to the regulation. (ie. noun, verb)
The power to regulate foreign commerce lies exclusively w/ __________.
The power to regulate foreign commerce lies exclusively w/ CONGRESS.
CONTRACT CLAUSE: This prohibits STATES from acting to __________ impair K rights.

The SC will subject state actions impairing K's to _________ ___________.
CONTRACT CLAUSE: This prohibits STATES from acting to SUBSTANTIALLY impair K rights.

The SC will subject state actions impairing K's to STRICT SCRUTINY.
First part: ADVERB

Second part: What standard?
EVEN IF a state action substantially impairs rights under an existing K, the action may be UPHELD if it:

(1) Serves an __________ and ___________ public interest; and

(2) Is a ___________ and ____________ ____________ means of promoting that interest.
EVEN IF a state action substantially impairs rights under an existing K, the action may be UPHELD if it:

(1) Serves an IMPORTANT and LEGITIMATE public interest; and

(2) Is a REASONABLE and NARROWLY TAILORED means of promoting that interest.
Even if a state action VIOLATES THE COMMERCE CLAUSE, it may be upheld if...
Art. II, Section 2 gives the PRESIDENT the EXCLUSIVE power to ________ for __________ against the U.S., EXCEPT in cases of ____________.

This power (IS/IS NOT) subject to control by CONGRESS.
Art. II, Section 2 gives the PRESIDENT the EXCLUSIVE power to PARDON for OFFENSES against the U.S., EXCEPT in cases of IMPEACHMENT.

This power is NOT subject to control by CONGRESS.
FREE EXERCISE OF RELIGION

The SC has held that a law of ________ applicability will NOT be struck down UNLESS it was enacted for the purpose of __________ ___________.
The SC has held that a law of GENERAL applicability will NOT be struck down UNLESS it was enacted for the purpose of BURDENING RELIGION.
The President's power to enter into executive agreements w/ foreign nations (IS/IS NOT) explicitly granted in the Constitution.
The President's power to enter into executive agreements w/ foreign nations is NOT explicitly granted in the Constitution.

It comes from the President's power over FOREIGN RELATIONS.
Under the _________ CLAUSE, executive agreements take precedence over conflicting state law.
Under the SUPREMACY CLAUSE, executive agreements take precedence over conflicting state law.
The power to protect _________ arises from the President's power over foreign relations.
The power to protect AMBASSADORS arises from the President's power over foreign relations.
Who or what is the arbiter of conflicts between state and federal governments?

It can resolve these conflicts under its power of ________ ______.
The Supreme Court is the arbiter of conflicts between state and federal governments.

It can resolve these conflicts under its power of JUDICIAL REVIEW.
The 11th Amendment prohibits the _______ courts from hearing an action by a _______ against his ________.
The 11th Amendment prohibits the FEDERAL courts from hearing an action by a CITIZEN against his STATE.
TRUE or FALSE?

The government may limit the amount of contributions that an individual can contribute to a candidate's campaign.
TRUE!

The government may limit the amount of contributions that an individual can contribute to a candidate's campaign.

This relates to the 1st Amendment.
Relates to the 1st Amendment
The DUE PROCESS CLAUSE does NOT require that EVERY law provide for a hearing.

The DPC requires a hearing ONLY for those laws involving the deprivation of ______, ______, or ______ of an ________.
The DUE PROCESS CLAUSE does NOT require that EVERY law provide for a hearing.

The DPC requires a hearing ONLY for those laws involving the deprivation of LIFE, LIBERTY, or PROPERTY of an INDIVIDUAL.
A POLITICAL QUESTION arises when an issue is:

(1) Committed to another _________ of government by the ___________; or is

(2) Incapable of _________ and enforcement by the _________.
A POLITICAL QUESTION arises when an issue is:

(1) Committed to another BRANCH of government by the CONSTITUTION; or is

(2) Incapable of RESOLUTION and enforcement by the JUDICIARY.
Under what standard should a law be assessed if NEITHER a fundamental right NOR a quasi-suspect class is involved?

Under this standard, government action will be upheld AS LONG AS it is __________ ___________ to a _____________ government interest.
If NEITHER a fundamental right NOR a quasi-suspect class is involved, a law should be assessed under the rational basis test.

Under this standard, government action will be upheld AS LONG AS it is RATIONALLY RELATED to a LEGITIMATE government interest.
Whether the law here is examined under the substantive provisions of the DUE PROCESS CLAUSE or EQUAL PROTECTION CLAUSE, the analysis will be the same.
Under the rational basis standard, the government (NEED/NEED NOT) choose the LEAST RESTRICTIVE MEANS available to accomplish this goal.
Under the rational basis standard, the government need NOT choose the LEAST RESTRICTIVE MEANS available to accomplish this goal.
Art. IV P&I Clause applies to what?
Art. IV P&I Clause applies to: discrimination by a STATE against NONRESIDENTS
Facts: Congress has NOT allowed NOR prohibited state regulation in a particular area.

A NONDISCRIMINATORY state regulation will be upheld
ONLY if its ________ on commerce does NOT outweigh a _________ _________ interest.
A NONDISCRIMINATORY state regulation will be upheld
ONLY if its BURDEN on commerce does NOT outweigh a LEGITIMATE LOCAL interest.
The SC has jurisdiction over parties and subject matter of a case from state court.

Under what circumstances will it not hear the case?
The SC has jurisdiction over parties and subject matter of a case from state court.

Under what circumstances will it not hear the case?

If there are adequate and independent state grounds to support the decision.
MOOTNESS goes to the issue of whether there is a ________, _________ controversy at this stage of the proceeding.
MOOTNESS goes to the issue of whether there is a REAL, LIVE controversy at this stage of the proceeding.
A municipality CAN place reasonable TIME, PLACE, and MANNER restrictions on certain aspects of speech.

However, it may NOT adopt a regulation that gives officials ________ _________ over speech issues.
A municipality CAN place reasonable TIME, PLACE, and MANNER restrictions on certain aspects of speech.

However, it may NOT adopt a regulation that gives officials BROAD DISCRETION over speech issues.

NOTE: If a statute gives licensing officials unbridled discretion, it is VOID ON ITS FACE and speakers need NOT apply for a permit.
ART. I, SECTION 8

Under their ______ POWER, the states may legislate for the ______, ______, and ______ of the community.
ART. I, SECTION 8

Under their POLICE POWER, the states may legislate for the HEALTH, SAFETY, and MORALS of the community.
Substantive due process tests the _____________ of a statute.

It prohibits _________ governmental action.
Substantive due process tests the REASONABLENESS of a statute.

It prohibits ARBITRARY governmental action.
MOOTNESS DOCTRINE

A court won't hear a case unless there is a _____, ____ controversy.

EXCEPTION: Controversies capable of _________ but evading _________.
MOOTNESS DOCTRINE

A court won't hear a case unless there is a REAL, LIVE controversy.

EXCEPTION: Controversies capable of REPETITION but evading REVIEW.
________ is a bar to hearing actions BEFORE a controversy arises.
RIPENESS is a bar to hearing actions BEFORE a controversy arises.
1ST AMENDMENT--Time, Place, and Manner Restrictions

To be valid, they must be:

(1) CONTENT _________;

(2) NARROWLY __________ to serve a significant government interest; and

(3) Leave open alternative ________ of communication.
1ST AMENDMENT--Time, Place, and Manner Restrictions

To be valid, they must be:

(1) CONTENT NEUTRAL;

(2) NARROWLY TAILORED to serve a significant government interest; and

(3) Leave open alternative CHANNELS of communication.
Under the rational basis standard, the party ____________ the government action has the burden of proving that the action was not __________ related to any _____________ state interest.
-Under the rational basis standard, the party CHALLENGING the government action has the burden of proving that the action was not RATIONALLY related to any LEGITIMATE state interest.
Art. IV, Section 3 gives ________ the power to dispose of all __________ belonging to the federal government.
Art. IV, Section 3 gives CONGRESS the power to dispose of all PROPERTY belonging to the federal government.
The DPC prohibits the government from denying persons of life, liberty, or property w/o due process of law.

HOWEVER--->A person must have a _________ property interest in the property taken.

"Property" includes more than personal belongings, but a ______ _________ or desire for the benefit is not enough.

One must have a legitimate claim or ENTITLEMENT to the benefit before one may make a procedural due process challenge.
The DPC prohibits the government from denying persons of life, liberty, or property w/o due process of law.

HOWEVER--->A person must have a LEGITIMATE property interest in the property taken.

"Property" includes more than personal belongings, but a MERE EXPECTATION or desire for the benefit is not enough.

One must have a legitimate claim or ENTITLEMENT to the benefit before one may make a procedural due process challenge.
The Equal Protection Clause is NOT applicable to the ___________ government.

However, equal protection guarantees are applicable through the _____ Amendment DPC.
The Equal Protection Clause is NOT applicable to the FEDERAL government.

However, equal protection guarantees are applicable through the 5th Amendment DPC.
TRUE OR FALSE:

Commercial speech can be subject to significantly more regulation than noncommercial speech.
TRUE!

Commercial speech can be subject to significantly more regulation than noncommercial speech.
To determine whether a restriction on commercial speech is valid, a court first asks whether the speech concerns LAWFUL activity and is NOT MISLEADING.

If yes, the court will determine whether:

(1) Government interest in the regulation is __________;

(2) The regulation _________ advances that interest; and

(3) The regulation is _________ tailored to the substantial interest.
If yes, the court will determine whether:

(1) Government interest in the regulation is SUBSTANTIAL;

(2) The regulation DIRECTLY advances that interest; and

(3) The regulation is NARROWLY tailored to the substantial interest.
REGULATION will amount to a "taking" ONLY when it _______ reduces the _________ value of property, so that there cannot be a ______ return on investment.
REGULATION will amount to a "taking" ONLY when it UNJUSTLY reduces the ECONOMIC value of property, so that there cannot be a FAIR return on investment.
Congress has the power to control interstate commerce in nearly any manner it desires.

ONLY the _______ are prohibited from ________ ___________ interstate commerce.
Congress has the power to control interstate commerce in nearly any manner it desires.

ONLY the STATES are prohibited from UNDULY BURDENING interstate commerce.
Speech and Debate Clause:

This says that conduct that occurs in the ________ course of the federal ___________ process and the _________ behind that conduct are _______ from prosecution.
-This says that conduct that occurs in the REGULAR course of the federal LEGISLATIVE process and the MOTIVATIONS behind that conduct are IMMUNE from prosecution.
What is required to impeach?

(1) ______ vote of House to _______ charges; and

(2) ______ vote of Senate to ______ and ______ from office.
(1) MAJORITY vote of House to BRING charges; and

(2) 2/3 vote of Senate to CONVICT and REMOVE from office.
Under rational basis standard, the party ____________ government action has the burden of proving that the action was not __________ related to any _____________ state interest.
Under rational basis standard, the party CHALLENGING government action has the burden of proving that the action was not RATIONALLY related to any LEGITIMATE state interest.
Art. IV, Section 3 gives ________ the power to dispose of all __________ belonging to the federal government.
Art. IV, Section 3 gives CONGRESS the power to dispose of all PROPERTY belonging to the federal government.
The DPC prohibits the government from denying persons of life, liberty, or property w/o due process of law.

HOWEVER--->For the restrictions of the Clause to apply, a person must have a _________ property interest in the property taken.

"Property" includes more than personal belongings, but a ______ _________ or desire for the benefit is not enough.

One must have a legitimate claim or ENTITLEMENT to the benefit before one may make a procedural due process challenge.
The DPC prohibits the government from denying persons of life, liberty, or property w/o due process of law.

HOWEVER--->For the restrictions of the Clause to apply, a person must have a LEGITIMATE property interest in the property taken.


"Property" includes more than personal belongings, but a MERE EXPECTATION or desire for the benefit is not enough.
The Equal Protection Clause is NOT applicable to the ___________ government.

However, equal protection guarantees are applicable through the _____ Amendment DPC.
The Equal Protection Clause is NOT applicable to the FEDERAL government.

However, equal protection guarantees are applicable through the 5TH Amendment DPC.
TRUE OR FALSE:

Commercial speech can be subject to significantly more regulation than noncommercial speech.
TRUE!

Commercial speech can be subject to significantly more regulation than noncommercial speech.
FIRST AMENDMENT--->

This prohibits Congress from:

(1) __________ a religion or interfering w/ the ______ exercise of religion;

(2) __________ the freedoms of speech and press; or

(3) Interfering w/ the right of _________.
FIRST AMENDMENT--->

This prohibits Congress from:

(1) ESTABLISHING a religion or interfering w/ the FREE exercise of religion;

(2) ABRIDGING the freedoms of speech and press; or

(3) Interfering w/ the right of ASSEMBLY.
EQUAL PROTECTION CLAUSE
This prohibits government from treating similarly situated people differently w/o good reason.
Personally abusive words that are likely to incite immediate physical retaliation in an average person.
FIGHTING WORDS: Personally abusive words that are likely to incite immediate physical retaliation in an average person.
Regulations of conduct associated w/ speaking.

Ex. time of the speech, sound level, etc.
-Conduct regulations
What type of regulations forbid communication of specific ideas?
CONTENT REGULATIONS: Forbid communication of specific ideas.
If a fundamental right is denied to everyone, it is a/an __________________ problem.
If a fundamental right is denied to everyone, it is a SUBSTANTIVE DUE PROCESS problem.
If fundamental rights are denied to SOME individuals but NOT OTHERS, it is a/an ________________ problem.
If fundamental rights are denied to SOME individuals but NOT OTHERS, it is an EQUAL PROTECTION problem.
INTENT may be shown by:

(1) A law that is ____________ on its ________;

(2) A discriminatory __________ of a facially _______ law; or

(3) A discriminatory ______ behind the law.
INTENT may be shown by:

(1) A law that is DISCRIMINATORY on its FACE;

(2) A discriminatory APPLICATION of a facially NEUTRAL law; or

(3) A discriminatory MOTIVE behind the law.
To whom does the Due Process Clause of the 14th Amendment apply?
To state and local governments.
To whom does the 5th Amendment Due Process Clause apply?
The 5th Amendment DPC applies to the FEDERAL GOVERNMENT.
Who has the BURDEN OF PROOF in rational basis review?
The PERSON CHALLENGING THE LAW has the BOP in rational basis review.
Who has the BURDEN OF PROOF in intermediate scrutiny?
It is unclear who has the BOP in intermediate scrutiny--it is probably the GOVERNMENT.
Who has the BURDEN OF PROOF in strict scrutiny?
The GOVERNMENT has the BOP in strict scrutiny.
List the quasi-suspect classifications:

(1) ____________

(2) ____________
The quasi-suspect classifications are:

(1) GENDER
(2) LEGITIMACY
List the suspect classifications:

(1) ____________

(2) ____________

(3) ____________
The suspect classifications are:

(1) RACE

(2) NATIONAL ORIGIN

(3) ALIENAGE (sometimes)
Alienage classifications:

(1) Federal classifications-->
___________ SCRUTINY

(2) State/Local classifications-->
___________ SCRUTINY

(3) Undocumented aliens-->
___________ ________
Alienage classifications:

(1) Federal classifications-->
INTERMEDIATE SCRUTINY

(2) State/Local classifications-->
STRICT SCRUTINY

(3) Undocumented aliens-->
RATIONAL BASIS
List the fundamental rights:

(1) _______________

(2) _______________

(3) _______________

(4) _______________
The fundamental rights are:

(1) VOTING

(2) INTERSTATE TRAVEL

(3) PRIVACY

(4) 1ST AMENDMENT RIGHTS
Under which standard are regulations that do NOT affect fundamental rights nor involve suspect or quasi-suspect classifications reviewed?
-Regulations that do NOT affect fundamental rights nor involve suspect/quasi-suspect classifications are reviewed under RATIONAL BASIS REVIEW.
Under which standard are regulations involving QUASI-SUSPECT CLASSIFICATIONS reviewed?
Regulations involving QUASI-SUSPECT CLASSIFICATIONS are reviewed under INTERMEDIATE SCRUTINY.
Under which standard are regulations involving FUNDAMENTAL RIGHTS or SUSPECT CLASSIFICATIONS reviewed?
Regulations involving FUNDAMENTAL RIGHTS or SUSPECT CLASSIFICATIONS are reviewed under STRICT SCRUTINY.
If a law treats a _______ or ______ of persons differently from others, it is an EQUAL PROTECTION problem.
If a law treats a PERSON or CLASS of persons differently from others, it is an EQUAL PROTECTION problem.
If a law limits liberty of _____ persons to engage in some ______, it is a SUBSTANTIVE DUE PROCESS problem.
If a law limits liberty of ALL persons to engage in some ACTIVITY, it is a SUBSTANTIVE DUE PROCESS problem.
Is the governmental action a TAKING or merely a REGULATION?

A TAKING requires payment of _______ _____________.

A REGULATION does _____ require compensation.
Is the governmental action a TAKING or merely a REGULATION?

A TAKING requires payment of JUST COMPENSATION.

A REGULATION does NOT require compensation.
This says that private property may NOT be taken for PUBLIC USE w/o JUST COMPENSATION.
The 5TH AMENDMENT "TAKING" CLAUSE says that private property may NOT be taken for PUBLIC USE w/o JUST COMPENSATION.

This applies to the STATES via the 14TH AMENDMENT.

This is NOT a source of power, but a LIMITATION.
These are legislative acts that inflict punishment on individuals w/o judicial trial.
BILLS OF ATTAINDER: These are legislative acts that inflict punishment on individuals w/o judicial trial.
What is an EX POST FACTO LAW?

It is a law that ____________ alters __________ offenses or punishments in a substantially prejudicial manner for the purpose of punishing a person for some _____ activity.
EX POST FACTO LAW: This is a law that RETROACTIVELY alters CRIMINAL offenses or punishments in a substantially prejudicial manner for the purpose of punishing a person for some PAST activity.
CONTRACT CLAUSE: Prohibits _______ from enacting any law that retroactively impairs _______ rights.

NOTE: It does NOT affect K's NOT yet entered into!
CONTRACT CLAUSE: Prohibits STATES from enacting any law that retroactively impairs K rights.

NOTE: It does NOT affect K's NOT yet entered into!
This says that Congress may prohibit _________ racial discrimination in activities that might have a __________ ________ on interstate commerce.
COMMERCE CLAUSE: This says that Congress may prohibit PRIVATE racial discrimination in activities that might have a SUBSTANTIAL EFFECT on interstate commerce.
15TH AMENDMENT: Prohibits BOTH state and federal governments from _________ a citizen the right to _______ on account of _______ or ______.
15TH AMENDMENT: Prohibits BOTH state and federal governments from DENYING a citizen the right to VOTE on account of RACE or COLOR.
____ AMENDMENT: Prevents ________ from _________ any person of life, liberty, or property w/o _____ ________ and ________ ____________ of law.
14TH AMENDMENT: Prevents STATES from DEPRIVING any person of life, liberty, or property w/o DUE PROCESS and EQUAL PROTECTION of law.
Prohibits slavery and involuntary servitude.
13TH AMENDMENT: Prohibits slavery and involuntary servitude.
______________: The process by which the 14th Amendment DPC applies almost all of the provisions of the _____ of _________ to the ______.
INCORPORATION: The process by which the 14th Amendment DPC applies almost all of the provisions of the BILL of RIGHTS to the STATES.
A tax placed on some ACTIVITY ("doing business" tax).
PRIVILEGE, LICENSE, FRANCHISE, & OCCUPATIONAL TAX: A tax placed on some ACTIVITY ("doing business" tax).
A tax on the assessed value of some property.
AD VALOREM TAX: A tax on the assessed value of some property.
________ TAXES: Taxes imposed on the _______ of goods for sales consummated ______ the state.
SALES TAXES: Taxes imposed on the SELLER of goods for sales consummated WITHIN the state.
Taxes imposed on goods purchased OUTSIDE the state but used WITHIN it.
USE TAXES: Taxes imposed on goods purchased OUTSIDE the state but used WITHIN it.
STRICT SCRUTINY: The law must be _________ to achieve a/an __________ government purpose.
STRICT SCRUTINY: The law must be NECESSARY to achieve a COMPELLING government purpose.
INTERMEDIATE SCRUTINY: The law must be ___________ related to a/an ___________ government purpose.
INTERMEDIATE SCRUTINY: The law must be SUBSTANTIALLY related to an IMPORTANT government purpose.
RATIONAL BASIS: The law must be __________ related to a/an __________ government purpose.
RATIONAL BASIS: The law must be RATIONALLY related to a LEGITIMATE government purpose.
Says that states may not deny their citizens the privileges or immunities of NATIONAL citizenship.
14TH AMENDMENT P&I CLAUSE: Says that states may not deny their citizens the privileges or immunities of NATIONAL citizenship.
Prohibits discrimination by a STATE against NONRESIDENTS.
Art. IV INTERSTATE P&I CLAUSE: Prohibits discrimination by a STATE against NONRESIDENTS.
If a person acts ULTRA VIRES, he is acting _______ his ________.
If a person acts ULTRA VIRES, he is acting BEYOND his POWER.
LEGISLATIVE VETOES of executive actions. Valid?
NO!

LEGISLATIVE VETOES of executive actions are INVALID.
Giving a bill to the President for his signature or veto.
PRESENTMENT: Giving a bill to the President for his signature or veto.
____________: Passage by BOTH Houses of Congress.
BICAMERALISM: Passage by BOTH Houses of Congress.
A __________ ________ is an attempt by Congress to overturn executive agency action WITHOUT:

(1) ___________ or

(2) ___________.
A LEGISLATIVE VETO is an attempt by Congress to overturn executive agency action WITHOUT:

(1) BICAMERALISM or

(2) PRESENTMENT.
Under the SPENDING POWER, Congress may spend to provide for the:

(1) ___________ __________; and the

(2) ___________ __________.

Spending may be for ANY ________ PURPOSE.
Under the SPENDING POWER, Congress may spend to provide for the:

(1) COMMON DEFENSE; and the

(2) GENERAL WELFARE.

Spending may be for ANY PUBLIC PURPOSE.
____ AMENDMENT: Prohibits federal courts from hearing claims against state governments brought by private parties and foreign governments.
11TH AMENDMENT: Prohibits federal courts from hearing claims against state governments brought by private parties and foreign governments.
RULE: A ________ generally has no standing to challenge government expenditures.

EXCEPTION: Suits attacking _________ and _________ measures on _____ AMENDMENT _________ CLAUSE grounds.
RULE: A TAXPAYER generally has no standing to challenge government expenditures.

Why? B/c a taxpayer's interest is TOO REMOTE!

EXCEPTION: Suits attacking TAXING and SPENDING measures on 1ST AMENDMENT ESTABLISHMENT CLAUSE grounds.
Why? B/c a taxpayer's interest is TOO REMOTE!
When a decision in the litigant's favor is capable of eliminating her grievance.
REDRESSABILITY: When a decision in the litigant's favor is capable of eliminating her grievance.
_________ bars consideration of claims BEFORE they have been DEVELOPED.

_________ bars consideration of claims AFTER they have been RESOLVED.
RIPENESS bars consideration of claims BEFORE they have been DEVELOPED.

MOOTNESS bars consideration of claims AFTER they have been RESOLVED.
21ST AMENDMENT deals w/ what?
21ST AMENDMENT: Deals w/ STATE control over intoxicating liquor.
ESTABLISHMENT CLAUSE:

(1) There must be a ________ PURPOSE for the law;

(2) The effect must be neither to _________ nor _______ religion; and

(3) There must NOT be _________ ENTANGLEMENT w/ religion.
ESTABLISHMENT CLAUSE:

(1) There must be a SECULAR PURPOSE for the law;

(2) The effect must be neither to ADVANCE nor INHIBIT religion; and

(3) There must NOT be EXCESSIVE ENTANGLEMENT w/ religion.
Property that the government can constitutionally close to speech.

Speech there can be regulated so long as it is _________ and __________________.
NON-PUBLIC FORUM: Property that the government can constitutionally close to speech.

Speech there can be regulated SO LONG AS it is REASONABLE and VIEWPOINT NEUTRAL.
Government properties that the government COULD close to speech, but chooses to open to speech.
LIMITED PUBLIC FORUMS: Government properties that the government COULD close to speech, but chooses to open to speech.
Property the government is constitutionally required to make available for speech.

This is public property that has historically been open to speech-related activities (STREETS, SIDEWALKS, and PUBLIC PARKS).
PUBLIC FORUMS: Property the government is constitutionally required to make available for speech.

This is public property that has historically been open to speech-related activities (STREETS, SIDEWALKS, and PUBLIC PARKS).
A law is unconstitutionally overbroad if it regulates ___________ _______ speech than the Constitution allows to be regulated.
A law is unconstitutionally overbroad if it regulates SUBSTANTIALLY MORE speech than the Constitution allows to be regulated.
A law is unconstitutionally vague if a reasonable person cannot tell what speech is ________ and what speech is ________.
A law is unconstitutionally vague if a reasonable person cannot tell what speech is PROHIBITED and what speech is ALLOWED.
Law that punishes a specific person w/o giving him a trial.
BILL OF ATTAINDER: Law that punishes a specific person w/o giving him a trial.
_________ _______: Provides that the Constitution, and the laws and treaties made pursuant to it, are the ________ _____ of the land.
SUPREMACY CLAUSE: Provides that the Constitution, and the laws and treaties made pursuant to it, are the SUPREME LAW of the land.

This is in ART. IV!
________ refers to the limits on STATE and LOCAL powers b/c of the existence of a national government.
FEDERALISM refers to the limits on STATE and LOCAL powers b/c of the existence of a national government.
TREATY: An agreement between the U.S. and a _________ country that is negotiated by the __________ and is effective when ________ by the _______.
TREATY: An agreement between the U.S. and a FOREIGN country that is negotiated by the PRESIDENT and is effective when RATIFIED by the SENATE.
EXECUTIVE AGREEMENT: An agreement between the U.S. and a __________ country that is effective when _______ by the President and the _______ of the foreign nation.
EXECUTIVE AGREEMENT: An agreement between the U.S. and a FOREIGN country that is effective when SIGNED by the President and the HEAD of the foreign nation.
To which part of the Constitution does this refer?

Conduct that occurs in the REGULAR course of the federal LEGISLATIVE process and the motivation behind that conduct are IMMUNE from prosecution.
SPEECH AND DEBATE CLAUSE: Says that conduct that occurs in the REGULAR course of the federal LEGISLATIVE process and the motivation behind that conduct are IMMUNE from prosecution.
NECESSARY AND PROPER CLAUSE

Gives _______ power to make all _____ necessary and proper for executing any power granted to any ________ of the federal government.
NECESSARY AND PROPER CLAUSE

Gives CONGRESS power to make all LAWS necessary and proper for executing any power granted to any BRANCH of the federal government.
CONTENT-NEUTRAL speech regulations generally are subject to ___________ scrutiny.

They must advance _________ interests unrelated to the suppression of speech and must NOT burden __________ more speech than ________ to further those interests.
CONTENT-NEUTRAL speech regulations generally are subject to INTERMEDIATE scrutiny.

They must advance IMPORTANT interests unrelated to the suppression of speech and must NOT burden SUBSTANTIALLY more speech than NECESSARY to further those interests.
It is presumptively unconstitutional to place burdens on speech b/c of its CONTENT except for certain categories of speech.

Give 2 examples of these categories.
It is presumptively unconstitutional to place burdens on speech b/c of its CONTENT except for certain categories of speech.

Example: Obscenity

Example: Defamation
CONDUCT can be regulated by content-neutral ______, ________, and ________ restrictions.
CONDUCT can be regulated by content-neutral TIME, PLACE, and MANNER restrictions.
In NONPUBLIC forums, regulations are valid if they are:

(1) ____________ neutral; and

(2) ___________ related to a ________government purpose.
In NONPUBLIC forums, regulations are valid if they are:

(1) VIEWPOINT neutral; and

(2) REASONABLY related to a LEGITIMATE government purpose.
To be valid, restrictions on the CONTENT of speech must be ________ _________ to achieve a _________ government interest.
To be valid, restrictions on the CONTENT of speech must be NARROWLY TAILORED to achieve a COMPELLING government interest.
If a defamatory statement is about a PUBLIC OFFICIAL or PUBLIC FIGURE or involves a PUBLIC CONCERN, the 1st Amendment requires P to prove all the elements of defamation PLUS _______ and some degree of ________.
If a defamatory statement is about a PUBLIC OFFICIAL or PUBLIC FIGURE or involves a PUBLIC CONCERN, the 1st Amendment requires P to prove all the elements of defamation PLUS FALSITY and some degree of FAULT.
In general, commercial speech gets 1st Amendment protection if ________.

However, it may be burdened if it proposes ________ ACTIVITY or is __________ or MISLEADING.

Other regulation of commercial speech will be upheld ONLY if it:

(1) Serves a __________ GOVERNMENT INTEREST;

(2) DIRECTLY ________ that interest; and

(3) Is ________ TAILORED to serve that interest.
In general, commercial speech gets 1st Amendment protection if TRUTHFUL.

However, it may be burdened if it proposes UNLAWFUL ACTIVITY or is FRAUDULENT or MISLEADING.

Other regulation of commercial speech will be upheld ONLY if it:

(1) Serves a SUBSTANTIAL GOVERNMENT INTEREST;

(2) DIRECTLY ADVANCES that interest; and

(3) Is NARROWLY TAILORED to serve that interest.
"Narrowly tailored" does NOT require the _______ __________ means of accomplishing a legislative goal.

There need only be a _________ FIT between the goal and the means chosen.
"Narrowly tailored" does NOT require the LEAST RESTRICTIVE means of accomplishing a legislative goal.

There need only be a REASONABLE FIT between the goal and the means chosen.
PRIOR RESTRAINTS prevent speech BEFORE it occurs, rather than punish it AFTERWARDS.

The government has a heavy burden in justifying a prior restraint; it must show that some _______ SOCIETAL _______ will otherwise result.
PRIOR RESTRAINTS prevent speech BEFORE it occurs, rather than punish it AFTERWARDS.

The government has a heavy burden in justifying a prior restraint; it must show that some SPECIAL SOCIETAL HARM will otherwise result.
To be valid, a system for prior restraint must provide several safeguards:

(1) The standards must be _______ drawn, REASONABLE, and _________;

(2) Injunction must _______ be sought; and

(3) There must be PROMPT and ________ DETERMINATION of the validity of the restraint.
To be valid, a system for prior restraint must provide several safeguards:

(1) The standards must be NARROWLY drawn, REASONABLE, and DEFINITE;

(2) Injunction must PROMPTLY be sought; and

(3) There must be PROMPT and FINAL DETERMINATION of the validity of the restraint.
TRUE or FALSE:

Members of the press may NOT be required to testify before grand juries.
FALSE!

Members of the press MAY be required to testify before grand juries.
FREEDOM OF ASSOCIATION: Means that the government may neither prohibit politically ________ groups nor unduly burden a person's right to _______ to such groups.

However, this is NOT an absolute right:

An infringement of the right may be justified by a _________ state interest, other than to suppress ideas, if it is the _____ ___________ MEANS of protecting the government interest involved.
FREEDOM OF ASSOCIATION: Means that the government may neither prohibit politically UNPOPULAR groups nor unduly burden a person's right to BELONG to such groups.

However, this is NOT an absolute right:

An infringement of the right may be justified by a COMPELLING state interest, other than to suppress ideas, if it is the LEAST RESTRICTIVE MEANS of protecting the government interest involved.
The Court uses a __________ test to determine whether a regulation of the electoral process is valid.
The Court uses a BALANCING test to determine whether a regulation of the electoral process is valid.
TRUE or FALSE:

Members of the press may not be required to testify before grand juries.
FALSE!

Members of the press MAY be required to testify before grand juries.
FREEDOM OF ASSOCIATION: Pursuant to this freedom, the government may neither prohibit politically ________ groups nor unduly burden a person's right to _______ to such groups.
FREEDOM OF ASSOCIATION: Pursuant to this freedom, the government may neither prohibit politically UNPOPULAR groups nor unduly burden a person's right to BELONG to such groups.

HOWEVER, this is NOT an absolute right...

Infringements of the right may be justified by a COMPELLING state interest, unrelated to the suppression of ideas, if the infringements are the LEAST RESTRICTIVE MEANS of protecting the government interest involved.
The Court uses a __________ test to determine whether a regulation of the electoral process is valid.
The Court uses a BALANCING test to determine whether a regulation of the electoral process is valid.
ART. IV--PRIVILEGES OF STATE CITIZENSHIP

o Prohibits discrimination by a _______ against _________

o _________ and _________ are NOT protected

o Only _________ rights are protected

o There is a SUBSTANTIAL __________ exception (e.g. must be no ______ ___________ means to solve the problem).
ART. IV--PRIVILEGES OF STATE CITIZENSHIP

o Prohibits discrimination by a STATE against NONRESIDENTS

o CORPORATIONS and ALIENS are NOT protected

o Only FUNDAMENTAL rights are protected

o There is a SUBSTANTIAL JUSTIFICATION exception (e.g. must be no LESS RESTRICTIVE means to solve the problem).
14TH AMENDMENT--PRIVILEGES OF NATIONAL CITIZENSHIP

o Prohibits ________ from denying their __________ the privileges and immunities of __________ citizenship.

o CORPORATIONS (are/are not) protected.
14TH AMENDMENT--PRIVILEGES OF NATIONAL CITIZENSHIP

o Prohibits STATES from denying their CITIZENS the privileges and immunities of NATIONAL citizenship.

o CORPORATIONS are NOT protected.
ART. IV--Privileges of _______ citizenship

14TH AMENDMENT--Privileges of _______ citizenship
ART. IV--Privileges of STATE citizenship

14TH AMENDMENT--Privileges of NATIONAL citizenship
Do treaties require consent of the Senate?

Do executive agreements require consent of the Senate?
YES! Treaties require consent of the Senate (e.g., two-thirds).

NO! Executive agreements do NOT require consent of the Senate.
SUBSTANTIVE DUE PROCESS--->If a law limits liberty of ____ persons to engage in some activity.

EQUAL PROTECTION--->If a law treats a _______ or _______ of persons differently from others.
SUBSTANTIVE DUE PROCESS--->If a law limits liberty of ALL persons to engage in some activity.

EQUAL PROTECTION--->If a law treats a PERSON or CLASS of persons differently from others.
____ AMENDMENT

Prohibits federal courts from hearing claims against _______ GOVERNMENTS brought by a PRIVATE PARTY or FOREIGN GOVERNMENT.
11TH AMENDMENT

Prohibits federal courts from hearing claims against STATE GOVERNMENTS brought by a PRIVATE PARTY or FOREIGN GOVERNMENT.
1ST AMENDMENT

This prohibits Congress from:

(1) ___________ a religion;

(2) ___________ w/ the free __________ of religion;

(3) ___________ the freedoms of ________ and _________; or

(4) Interfering w/ the right of ___________.
1ST AMENDMENT

This prohibits Congress from:

(1) ESTABLISHING a religion;

(2) INTERFERING w/ the free EXERCISE of religion;

(3) ABRIDGING the freedoms of SPEECH and PRESS; or

(4) Interfering w/ the right of ASSEMBLY.
Treaty vs. conflicting state law

Which prevails?
Treaty vs. conflicting state law

Treaty prevails!
Treaty vs. conflicting federal law

Which prevails?
Treaty vs. conflicting federal law

Last in time prevails!
Executive agreement vs. conflicting state law

Which prevails?
Executive agreement vs. conflicting state law

Executive agreement prevails!
Executive agreement vs. conflicting federal law

Which prevails?
Executive agreement vs. conflicting federal law

Federal law prevails!
May the U.S. sue a state w/o its consent?
YES!

The U.S. may sue a state w/o its consent.
May a state sue the U.S. w/o its consent?
NO!

A state may NOT sue the U.S. w/o its consent.

However, Congress can pass legislation permitting the states to sue the U.S. in given situations.
B/c of the Supremacy Clause, a federal law may ________ or ________ local laws.
B/c of the Supremacy Clause, a federal law may SUPERSEDE or PREEMPT local laws.
FUNDAMENTAL RIGHTS: Those involving important __________ ACTIVITIES and CIVIL __________.
FUNDAMENTAL RIGHTS: Those involving important COMMERCIAL ACTIVITIES and CIVIL LIBERTIES.
May an alien or a corporation be a plaintiff?

o Under the Commerce Clause?

o Under the P&I Clause of Art. IV?
May an alien or a corporation be a plaintiff?

o Under the Commerce Clause? YES!

o Under the P&I Clause of Art. IV? NO!