Mbe Constitutional Law

Front 1

A case is not "ripe" for filing in federal court if __________.

Back 1

the plaintiff has not been harmed and there is no immediate threat of harm

Front 2

A political question exists when __________.

Back 2

an issue is committed to another branch of the federal government

Front 3

The Supreme Court will refuse to hear a case from a state’s highest court if __________.

Back 3

Adequate and Independent state grounds support the state court decision

Front 4

Article III, Section 2 establishes the Supreme Court’s appellate jurisdiction but also provides that Congress may regulate and make exceptions to this appellate jurisdiction.
Pursuant to Article III, Section 2, Congress has the power to __________.

Back 4

eliminate specific avenues of Supreme Court review

Front 5

The Supreme Court has mandatory appellate jurisdiction in what type of case?

Back 5

a three-judge federal district court panel's denial of a claim for injunctive relief

Front 6

The Eleventh Amendment will bar a federal court from hearing a claim for damages against a state government if __________.

Back 6

the action will divest the state of land ownership

Front 7

For a plaintiff to have standing to bring an action in federal court, the following are all required:

Back 7

• Injury in Fact
• Causation
• Redressability

Front 8

Will an action against a state official seeking prospective injunctive relief be barred by the Eleventh Amendment?

Back 8

no.

Front 9

elements of Organizational Standing?

Back 9

an organization has standing if:
1). there is an injury in fact to member that gives them standing to sue on their own behalf,
2). the injury is related to the organization's purpose, and
3). individual member participation in the lawsuit is not required.

Front 10

A plaintiff has standing to sue on behalf of third parties if:

Back 10

the plaintiff herself has been injured and the plaintiff’s injury adversely affects her relationship with third parties.

Front 11

A plaintiff may sue on behalf of a third party who has difficulty asserting its rights, but only if:

Back 11

the plaintiff herself has also been injured.

Front 12

What constitutional provision prevents states from discriminating against nonresident citizens in matters involving fundamental rights?

Back 12

Privileges & Immunities Clause of Article IV

Front 13

hypo: a private party brings suit against the state legislature for paying a salary to a state representative who is the leader of a religious cult claiming violation of the establishment clause. The state legislature moves to dismiss. Should the court grant the legislature's motion?

Back 13

Yes, because the 11th Amend bars this type of action against a state by its citizens.

*State Governments must consent to being sued in federal court.
*under the 11th Amend, federal cts are prohibited from hearing a private persons claim against its own state or another if the state doesn't consent. Absent a federal law, States must CONSENT to be sued.

Front 14

Hypo: State law requires truckers to use a certain tire when driving in that state. Why would the state law be unconstitutional?

Back 14

undue burden on Interstate Commerce

Front 15

Commercial Speech Regulation:

• a total ban on truthful advertising is __, but restrictions on advertising are okay so long as they are __.

Back 15

unconstitutional; reasonable.

Front 16

What type of regulation of commercial speech is clearly unconstitutional?

Back 16

total ban on truthful advertising is unconstitutional

Front 17

When a state or municipality discriminates in favor of resident citizens against non-resident (out-of state) citizens on matters of commerce and civil rights, which clause is violated?

Back 17

Privileges & Immunities Clause of Article IV.

*look for State disc rim against out-of state citizens as to right to work (employment) or right to travel.

*this doesn't apply to discrim of non-resident aliens. for this SS under the EP of the 14th Amend.

Front 18

private organization infringement of individual rights. Does the Equal Protection clause apply?

Back 18

NO,

-14th Amend "Equal Protection" clause does NOT apply to private infringement of individual rights.

-There must be significant state action which rarely ever shown.

Front 19

Strict Scrutiny is applied to a state law that discriminates against resident aliens. What is the exception that applies rational basis to state classifications based on alienage?

Back 19

Important Governmental Function exception:

*rational basis applies to state law that treats residents aliens differently in the areas of: jury, public teachers, police, voting.

Front 20

when you see a state law treating similarly situated people differently what constitutional principle is triggered?

Back 20

Equal Protection clause of 14th Amendment.

Front 21

State law discrim on NORA must pass strict scrutiny.
The acronym NORA means what?

Back 21

National Origin,
Race,
Alienage

Front 22

What standard applies to state discrim based on National Origin, Race, or Alienage?

Back 22

Strict Scrutiny

-State must show necessary to further COMPELLING state interest.

Front 23

What standard applies to state discrim based on Sex (gender), Illegitimacy, or Children of undocumented immigrants?

Back 23

Intermediate Scrutiny

-State must show furthers IMPORTANT state interest

Front 24

State law discrim on SIC must pass strict scrutiny.
The acronym SIC means what?

Back 24

Sex (gender);
Illegitimacy;
Children of undocumented immigrants

Front 25

When state law disc rims based on age, wealth, disability, etc what level of scrutiny applies?

Back 25

Rational Basis

-π must show no legitimate or not rational

Front 26

Congress' power to tax and spend is NOT plenary, there must be a __ basis.

Back 26

rational

Front 27

a legislative punishment of a named individual w/out notice and a hearing violates what?

Back 27

Bill of attainder

Front 28

What is the hierarchy of laws?

Back 28

• US Const
• Acts of Congress & Treatise
•Executive Orders & Executive Agreements
• State Law

Front 29

Where an act of conger conflicts with a treaty, which prevails?

Back 29

the most recent prevails.

Front 30

Congress and the President have concurrent control over the armed forces.
What powers solely belong to the president?
What powers solely belong to congress?

Back 30

President:
-direct troops where to go
-commander & chief

Congress:
-raise the militia
-declare war

Front 31

What are the "standing" requirements for federal court?

Back 31

(i) injury in fact;
(ii) causation
(iii) redressibility

Front 32

Source of Congressional Power?

-enact divorce laws for DC

Back 32

limited federal police power for DC (as well as military bases and federal lands)

Front 33

Source of Congressional Power?

-conditions aid to states for medical research on state funding of AIDS research

Back 33

spending power

Front 34

Source of Congressional Power?

-federal income tax

Back 34

Sixteenth Amendment Taxing Power

Front 35

Source of Congressional Power?

-outlaw badges of slavery

Back 35

Thirteenth Amendment

Front 36

Source of Congressional Power?

-law requires all employers including state gov'ts, to comply with fed minimum wage and overtime provisions

Back 36

Commerce clause

Front 37

Source of Congressional Power?

-law prohibits hunting on federal lands

Back 37

Property Power

Front 38

Source of Congressional Power?

-cong adopts a tax to regulate banknotes rather than to raise revenue

Back 38

Power to coin money

Front 39

Source of Congressional Power?

-cong bars racial discrimination at places of local accommodation

Back 39

Commerce Clause

Front 40

Source of Congressional Power?

-cong pays for highways

Back 40

Spending power & Commerce clause

Front 41

who appoints "all ambassadors, other public ministers and consuls, justices of the supreme court"?

Back 41

Executive

*w/ advice and consent of the senate

Front 42

who may vest the appointment of inferior officers in the Pres only, the courts, or heads of departments?

Back 42

Congress

Front 43

Congress may NOT appoint members of a commission with administrative or __ powers.

Back 43

enforcement

*enforcement power = executive act

Front 44

congressional veto of executive actions INVALID

Back 44

a leg veto is an attempt by Congress to overturn an executive agency action WITHOUT bicameralism.

bicameralism?
-passage by both houses OR presentment of bill to prez

Front 45

if the president vetoes an act by Congress, the act can still become law if the veto is overridden by __ vote of EACH house.

Back 45

2/3

Front 46

President cannot pardon impeachment or civil contempt.

Back 46

Prez pardon power cannot be limited by Congress

Front 47

Congress may regulate or tax state and local gov'ts so long as the law or tax applies to both the public sector and the __ sector.

Back 47

Private

Front 48

Privileges and immunities clause of Art IV:

-if state/local action denies an out-of-state citizen important economic interests or civil liberties---the law is invalid unless:

Back 48

state has a SUBSTANTIAL justification and no less restrictive means.

Front 49

a state/local action that does NOT discriminate may still be invalid if---the law burdens interstate commerce and the burden:

Back 49

outweighs legitimate local interests

Front 50

State taxes that do NOT discriminate against interstate commerce (e.g., taxes out-of-sate business same as in-state business) will be valid if:
•substantial nexus,
•fair apportionment,
•Fair relationship

Back 50

State taxes that do NOT discriminate against interstate commerce (e.g., taxes out-of-sate business same as in-state business) will be valid if:
•substantial nexus,
•fair apportionment,
•Fair relationship

Front 51

Use taxes imposed on goods purchased out of state but used by buyer within the state [are] or [are not] valid.

Back 51

Valid

*if use tax is higher than sales tax invalid under commerce clause

Front 52

commodities in interstate transit are entirely __ from state taxation.

Back 52

exempt

*interstate transit ends when goods reach destination-only then are the goods subject to local tax

Front 53

federal or state gov't denial of a citizen the right to vote on account of race or color is invalid under the __ Amendment.

Back 53

15th

Front 54

under the broadly construed commerce power, Congress may prohibit __ racial discrimination in activities that might have a substantial effect on interstate commerce.

Back 54

PRIVATE

Front 55

Symbolic Speech Regulation permissible if:

•important gov't interest,
•UNRELATED to suppression of ideas, and
•impact is not greater than necessary to achieve goal.

Back 55

•IMPORTANT interest,
•UNRELATED to suppression of speech,
•not less restrictive than necessary

Front 56

Regulation of truthful and non-misleading commercial speech:

• __ interest,
• __ tailored, and directly advance that interest

Back 56

-Substantial;
-narrowly

Front 57

To be valid, a time, place, and manner regulation of a limited public forum must be __________.

Back 57

viewpoint neutral &
Rationally related

Front 58

Procedural Due Process:

What procedures are required before welfare benefits terminated?

Back 58

Notice & Hearing

Front 59

Procedural Due Process:

What procedures are required for social security benefits to be terminated?

Back 59

POST-termination hearing

Front 60

Procedural Due Process:

What procedures are required for a public school to discipline a student?

Back 60

Notice of charges & Opportunity to explain

Front 61

Procedural Due Process:

What procedures are required before child custody terminated?

Back 61

Notice & Hearing

Front 62

Procedural Due Process:

What procedures are required for American citizen held by Gov't as enemy combatant?

Back 62

must be afforded due process

Front 63

Procedural Due Process:

What procedures are required before punitive damages can be awarded?

Back 63

jury instruction and judicial review

Front 64

Laws enacted under the Enabling Clause of the Fourteenth Amendment must be ____ and proportional to preventing or remedying the violation in question.

Back 64

congruent

Front 65

The Contract Clause applies only to __________.

Back 65

STATE legislation

-prohibits a state from passing legislation that retroactively impairs contract rights.

Front 66

The idea that laws be reasonable and not arbitrary is the province of the [Due Process Clause] or [Equal Protection].

Back 66

Due Process (substantive)

Front 67

The constitutional provision that states may not discriminate against residents of other states is within the province of the ____________.

Back 67

14th Amend. Privileges and Immunities Clause

Front 68

A ____ law which denies government benefits to an individual based on alienage is subject to strict scrutiny.

Back 68

STATE

compare:
-federal classifications based on alienage generally are tested under the "rational basis" test

Front 69

which standard is used to determine constitutionality in age-based equal protection cases?

Back 69

Rational basis

Front 70

Is a voluntary moment of silent prayer or meditation at the beginning of the schoolday valid?

Back 70

NO - it is an invalid promotion of religion.

*violates the establishment clause regardless of whether the exercise is voluntary or silent.

Front 71

A law or government program that contains a preference for one or some religious groups over others will be invalid unless __________.

Back 71

narrowly tailored to serve a compelling government interest

Front 72

When must an agreement between states be approved by congress?

Back 72

when it's a COMPACT

Compact? -increase the political power of the states at the expense of federal supremacy.

Front 73

States may impose nondiscriminatory, indirect taxes on the federal government or its property as long as they do not ______________ the federal government.

Back 73

unreasonably burden

Front 74

Courts construe express preemption clauses [narrowly] or [broadly]?

Back 74

narrowly

Front 75

May a state require federal employees to have a valid driver’s license to drive within the state while performing job duties?

Back 75

NO.
-states may NOT regulate the federal government without the federal government’s consent.

Front 76

n Wickard v. Filburn (1942), Congress’s power to regulate interstate commerce was found by the Supreme Court to extend to local activities that by themselves or in combination with other activities have a “substantial economic effect upon,” or “effect on movement in,” interstate commerce.

Under the “substantial economic effect” test, may Congress regulate local economic or commercial local activities?

Back 76

Yes, if the court can CONCIEVE of a rational basis on which Congress could conclude that the activity in aggregate substantially affects interstate commerce.

Front 77

when will Congress’s regulation of noncommercial, noneconomic intrastate activities be upheld?

Back 77

if Congress can factually show a substantial economic effect on interstate commerce

Front 78

Military courts-martial have jurisdiction over all offenses (NOT just service-related offenses) committed by a member of the armed services, but only if the accused ____________________.

Back 78

was in the service at the time of both the offense and the trial.

Front 79

What scrutiny applies?

-Ban on overnight sleeping in parks.

Back 79

Intermediate Scrutiny.

-content neutral speech restriction of a public forum.

Front 80

a content based speech restriction of a public forum is subject to __________, but a content neutral restriction is subject to ________.

Back 80

•Strict Scrutiny

•Intermediate Scrutiny

Front 81

Content based OR Content neutral restriction in a nonpublic forum is subject to ______.

Back 81

reasonable in light of nature of forum.

*viewpoint based restrictions in a nonpublic forum are subject to SS.

Front 82

If Congress sales or gives federal property to a church is there an establishment clause issue?

Back 82

NO.

The property clause does not run into the establishment clause, but the spending clause does.

Thus had the gov't given a church $$ there might be an establishment issue.

Front 83

Is education a fundamental right?

Back 83

NO