Constitutional Law

Front 1

When is a case not ripe for review

Back 1

Case deals with a statute that has not yet been enforced.

Front 2

When is a case moot?

Back 2

Injury alleviated before the case is resolved.

Front 3

What is the rule for adequate and independent state law grounds?

Back 3

If the state decision rests on two grounds, one federal and one state, the SC will not hear the case unless reversing the federal holding will change the result

Front 4

Can federal courts enjoin pending state court proceedings?

Back 4

No

Front 5

Federal courts will abstain from deciding a federal issue in a case if there is _____________.

Back 5

Ongoing litigation of a state law issue.

Front 6

Congress may regulate commerce with ________. (3)

Back 6

1. Foreign Nations

2. Indian Tribes

3. Among the several states

Front 7

Define the 10 amendment

Back 7

1. All powers not granted to the federal government or prohibited to the states are reserved to the states (police power)

Front 8

What are the provisions of the 10th amendment?

Back 8

1. Congress cannot compel or commandeer state legislative/regulatory activity (force state to enact laws)

2. Can induce state to act by attaching strings to money

Front 9

The legislative branch _______ delegate executive power to itself but ________ delegate legislative power to the executive.

Back 9

1. May not

2. may

Front 10

What is the power of treaties?

Back 10

1. Same power as federal statutes

2. always inferior to the constitution

Front 11

The president may enter into treaties with ______ confirmation of the senate but does not need the senate to enter into _________.

Back 11

1. 2/3

3. Executive agreements

Front 12

Executive agreements trump statutes, T/F?

Back 12

False. Statutes trump.

Front 13

What is the executive privilege?

Back 13

right of president to withhold information

Front 14

When must the executive privilege yield?

Back 14

Must yield to overriding needs in criminal cases for a fair trial but balancing test applies.

2. Presidents interest in maintaining privilege against congress' interest in disclosure

Front 15

What are the president's appointment powers?

Back 15

1. May appoint ambassadors, federal judges and officers of the US subject to confirmation

2. Can remove them unless there is a prohibiting statute

Front 16

Can congress give itself the power to appoint inferior officers of the united states?

Back 16

No. But can give it to the president.

Front 17

Can the president pardon someone guilty of a state crime?

Back 17

No, not even on a federal issue.

Front 18

Can the president pardon someone who has been impeached?

Back 18

No

Front 19

How much of the senate is required to convict for an impeachment?

Back 19

2/3

Front 20

Can the president be sued while in office?

Back 20

No. But can be sued after he leaves office and can be sued for things that happened before coming to office.

Front 21

A state may not discriminate against the citizens of another state unless _________

Back 21

The discrimination is necessary to achieve an important government purpose and there is no less discriminatory alternative (P and I clause)

Front 22

Corporations and aliens cannot invoke rights under the P and I clause, T/F

Back 22

True

Front 23

What are the rights implicated under the P and I clause?

Back 23

1. Violation of civil liberty

2. Right to earn a living

Front 24

What are the three exceptions to the dormant commerce clause (where states can regulate commerce)

Back 24

1. Health and safety

2. Subsidies (can require recipients to live in state)

3. Market Participant (acts as buyer or seller of goods)

Front 25

Strict scrutiny applies to alienage, T/F?

Back 25

True.

Front 26

Strict scrutiny applies to national origin, T/F?

Back 26

True

Front 27

Law creating legitimacy classifications for children receive what kind of scrutiny?

Back 27

Intermediate

Front 28

Restrictions on right to vote create an _______ problem and ________ scrutiny applies.

Back 28

1. Equal Protection

2. Strict

Front 29

Restriction on the right to travel create an _______ problem and ______ scrutiny applies.

Back 29

1. Equal protection

2. Strict Scrutiny

Front 30

What is the rule for political gerrymandering?

Back 30

1. Political - nonjusticiable

2. Disadvantage minorities (illegal)

3. Advantage minorities (legal)

Front 31

Time place and manner restrictions receive _______ scrutiny because they are content _________.

Back 31

1. Intermediate

2. Neutral

(still must leave open other avenues for speech)

Front 32

In public forums or limited public forums, the regulation of speech must be ________

Back 32

subject matter and viewpoint neutral

Front 33

In non-public forums, the government may close to speech if ___________

Back 33

1. Reasonable

2. Neutral

Front 34

When can groups discriminate?

Back 34

1. Intimate association

2. Integral to the purpose of the group

Front 35

When can an individual be punished for membership in a group

Back 35

1. Affiliation is proven

2. Knowledge of illegal activity is shown AND

3. Person possesses specific intent to further illegal activity

Front 36

What is the provision of the contract clause?

Back 36

No state can impair the obligation of contract.

Front 37

TO whom does the contract clause apply?

Back 37

The state, not the federal government

Front 38

What is the provision of the 14th amendment privileges and immunities clause?

Back 38

States cannot deny the privileges and immunities of national citizenship. (applies only when travel is at stake)

Front 39

When may a state interfere with contracts?

Back 39

1. Private - intermediate

2. Public - strict

Front 40

Civil ex post facto laws are unconstitutional, T/F?

Back 40

False. Only criminal.

Front 41

Are bills of attainder unconstitutional?

Back 41

Yes.

Front 42

can the government give money to religious schools?

Back 42

Yes, as long as its not used for instruction (for facilities is OK)

Front 43

Is the necessary and proper clause, standing alone, enough to support a federal law?

Back 43

No. Must always work in conjunction with another federal power

Front 44

When an activity in the aggregate only, will have an effect on interstate commerce, will the court uphold the regulation of it?

Back 44

Yes.

Front 45

When can American civilians be tried by military courts?

Back 45

Only under martial law if actual warfare forces the federal courts to shut down.

Front 46

Can American soldiers be tried in civilian courts.

Back 46

No. Only military courts have jurisdiction.

Front 47

Do civilian courts have the power to review rulings by military courts?

Back 47

No.