Constitutional Law

Question 1

Congress can impose indirect taxes so long as they are:

Answer 1

(1) uniformly applied in every state where the taxed goods are found, and
(2) reasonably related to revenue production

This power is not diminished by the fact that such taxes may burden or restrict the thing taxed.

Question 2

Privileges and Immunities clause prohibits states from discriminating against out-of-state citizens by denying them a right of state citizenship unless:

Answer 2

(1) nonresidents cause or contribute to the problem the state is trying to solve, AND
(2) there are no less restrictive means to solve it

Question 3

Under the dormant commerce clause, states cannot tax interstate commerce unless the tax is:

Answer 3

(1) levied on persons or activities that have a substantial nexus with the state,
(2) fairly apportioned,
(3) non-discriminatory, and
(4) fairly related to state-provided services or benefits

Question 4

First Amendment Establishment Clause requires:

Answer 4

government neutrality toward religion

Question 5

1st Amendment Establishment clause issues are analyzed under the Lemon test, which provides:

Answer 5

(1) the government must have a secular purpose,
(2) its primary effect must not advance or inhibit religion, and
(3) the government must not excessively entangle itself with religion

Question 6

Article III grants Congress the power to regulate and make exceptions to SCOTUS’s appellate jurisdiction. When exercising this power, Congress cannot violate:

Answer 6

(1) the separation of powers doctrine - eg, usurping judicial power to decide cases - OR
(2) other constitutional provisions

Question 7

The eleventh amendment bars suits against state officials for:

Answer 7

Violating federal law when the STATE would pay retroactive damages

Question 8

The eleventh amendment allows suits against state officials for violating federal law when:

Answer 8

(1) the official will pay the damages, or

(2) the suit seeks declaratory relief, even if the state would have to pay prospective damages under court order

Question 9

Content based restriction on speech is preemptively unconstitutional and only enforceable if:

Answer 9

It survives strict scrutiny (least restrictive means to achieve compelling government interest)

Question 10

A local government may exact promises from a developer in exchange for necessary construction permits if:

Answer 10

There is an essential nexus between:

(1) legitimate state interests,
(2) the conditions imposed on the property owner, and
(3) the impact of the proposed development

Question 11

Exception to No Third Party Standing

Answer 11

When there is a special relationship between the plaintiff and the third parties, such as a private school asserting its students’ rights to attend despite a statute requiring attendance at public schools

Question 12

Is there a constitutional right to focus picketing on a particular residence?

Answer 12

No

Question 13

Under the Equal Protection Clause, what is necessary to trigger strict or intermediate scrutiny?

Answer 13

Discriminatory intent (disparate impact is not enough!)

Question 14

Congress may exercise is power to tax for:

Answer 14

Any public purpose, as long as the tax has a reasonable relationship to revenue production

Question 15

Dormant Commerce Clause:

Answer 15

If congress has not yet acted, states are free to regulate so long as the action does not:

(1) Discriminate against out-of-state commerce,
(2) Unduly burden interstate commerce, or
(3) Regulate extraterritorial activity (wholly out of state)

Question 16

Art IV Sect 2 P & I Clause provides that:

Answer 16

citizens of each state shall be entitled to all privileges and immunities of citizens of the several states

• does not apply to corporations
• Commercial vs. recreational

Question 17

Regulatory taking:

Answer 17

Government regulation results in:

(1) Physical occupation of the property by the government or a third party, and
(2) A permanent loss of the property’s economic value

Question 18

Regarding religious belief, the government may not:

Answer 18

(i) deny benefits or impose burdens based on religious belief;
(ii) require affirmation of a belief; or
(iii) determine the reasonableness of a belief

Question 19

A regulation of expressive conduct is upheld if:

Answer 19

(1) it is within the government’s power to enact,
(2) it furthers an important governmental interest,
(3) the interest is unrelated to the suppression of ideas, and
(4) the burden on speech is no greater than necessary

Question 20

Prior restraints are presumed to be unconstitutional, with two limited exceptions. Those are:

Answer 20

particular harm to be avoided + procedural safeguards for speaker

Question 21

In both traditional and designated public forums, regulations of time, place, and manner of expression must:

Answer 21

(i) be content neutral as to subject matter and viewpoint;
(ii) be narrowly tailored to serve a significant government interest; and
(iii) leave open ample alternative channels for communication of the information

Question 22

Government may regulate speech in non-public forums so long as the regulation is:

Answer 22

(i) viewpoint neutral, and

(ii) reasonably related to a legitimate governmental interest

Question 23

Regulation of content of speech, whether in application or intent, is generally subject to SS, except:

Answer 23

1. Obscenity and child pornography
2. Incitement of violence
3. Fighting words
4. Defamation
5. Commercial speech

Question 24

A person may only be punished or deprived of public employment based on political association if that individual:

Answer 24

(1) Is an active member of a subversive organization;
(2) Has knowledge of the organization’s illegal activities; and
(3) Has specific intent to further those illegal activities

Question 25

When an individual’s protected interest is threatened by government action, what three factors does a court consider?

Answer 25

(1) the private interest affected by the governmental action,
(2) the risk of erroneous deprivation of that interest using current procedures and the probable value of additional or substitute safeguards, and
(3) the burden in providing the additional process

Question 26

The right to travel among the states

Answer 26

Is a fundamental right that includes the right to enter one state and leave another and be treated as a welcome visitor

Question 27

Procedural due process required to terminate disability benefits

Answer 27

Must give PRIOR notice, but only a POST termination evidentiary hearing

Question 28

Procedural due process required to terminate welfare benefits

Answer 28

Must give notice and hearing PRIOR to terminating welfare benefits

Question 29

Mootness exception

Answer 29

Capable of repetition yet evading review

Question 30

Restrictions on Commercial Speech, such as advertising, are subject to intermediate scrutiny and are reviewed under a four part test:

Answer 30

(i) must concern lawful activity and be neither false nor misleading;
(ii) the asserted government interest must be substantial;
(iii) the regulation must directly advance the asserted interest, and
(iv) the regulation must be narrowly tailor to serve that interest

Question 31

Bill of Attainder

Answer 31

Legislative act that declares a person or group of persons guilty of some crime and punishes them without a trial

Bills of attainder are UNCONSTITUTIONAL

Question 32

State legislators are immune from liability for actions:

Answer 32

Within the sphere of legitimate legislative activity

Question 33

Regarding civil suits for money damages while in office, POTUS enjoys:

Answer 33

absolute executive immunity from civil suits for money damages for actions while he is in office

• DOES NOT enjoy immunity from an action for civil liability that stems from conduct that occurred pre-presidency (can be sued as any other person during presidency)

Question 34

A state law discriminates against out of state commerce, thus violating the DCC, if:

Answer 34

It protects a local interest at the expense of out-of-state competitors, and will be held unconstitutional unless the state can prove that a legit state interest is being served that cannot be served by non-discriminatory legislation

Question 35

The Commerce Clause

Answer 35

Congress has the power to regulate: (i) the channels and (ii) the instrumentalities of interstate commerce, as well as (iii) any activity that substantially affects interstate commerce

*Construed broadly

Question 36

State and local regulations can favor state and local government entities if:

Answer 36

the entities are performing a traditional government function (waste disposal)

Question 37

State Abortion Restrictions

Answer 37

A state cannot place an undue burden on a woman’s fundamental liberty interest in having an abortion before fetal viability

*States may try to persuade woman not to chose abortion and may impose reasonable waiting periods

Question 38

When assessing an equal protection challenge to state or local governmental action based on alienage:

Answer 38

The state or local government must satisfy strict scrutiny

Question 39

When a state law restricts or prohibits an alien’s participation in government functions:

Answer 39

Burden is on the challenger to show the governmental action does not have a rational relationship to a legit state interest

Question 40

Congress may not place conditions on grants that:

Answer 40

Unconstitutionally burden a recipient’s First Amendment rights

Question 41

Property Clause

Answer 41

Congress has the power to dispose of an make all needful rules with regulations respecting the territory or other property belonging to the United States

Question 42

Procedural due process only applies to:

Answer 42

Quasi-judicial or adjudicatory settings, and not with respect to the adoption of general legislation

Question 43

A taking has occurred when:

Answer 43

A government’s action results in a permanent physical occupation of private property by the government or a third party