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Con Law Flashcards

(67 cards)

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1
Q

Taxing Power

A

Congress can tax for general welfare

Congress may impose a tax to regulate or prohibit behavior so long as it raises some revenue.

Valid has reasonable relationship to revenue & congress has power to regulate taxed activity.

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2
Q

Spending Power

A

Congress has power to spend for any public purpose not merely accomplish other enumerated powers.

Can’t commandeer states to enact federal programs but can use offer $ to states to pass law & can place conditions on receipt of federal funds by state if BURNS is met

Be unambiguous 
not Unduly coercive 
Relate to legitimate federal interest 
Not require states to violate individual liberties
Serve general welfare
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3
Q

Commerce Power

A

Congress can regulate channels & instrumentalities of interstate commerce, persons and things in interstate commerce, or anything that has substantial effect on interstate commerce.
Anything economic, or noneconomic if it substantially affects interstate commerce.
Intrastate if in the aggregate it has a substantial effect on interstate commerce

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4
Q

13th Amendment

A

outlaws slavery and all badges of slavery that can be enforced against private individual

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5
Q

14th Amendment

A

prohibits states from violating equal protection clause, due process, and privileges and immunties claise

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6
Q

15th Amendment

A

prohibits racial discrimination in voting laws

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7
Q

Enforcement Powers of Congress

A

Congress can enforce 13, 14, 15, with congruent and proportinal legislation and cannot expand or create new rights

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8
Q

Who impeaches

A

House

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9
Q

Who convicts

A

Senate

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10
Q

Speech & Debate Clause

A

special immunity for federal legislators for any speech and debate performed in Congress.

Doesn’t protect bribes or speech outside of congress

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11
Q

Veto power

A

President has 10 days to sign veto, if he doesn’t and congress in session automatic passes, and if not in session and 10 days pass, bill is automatically vetoed called a pocket veto

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12
Q

President Enforcement of Laws

A

President acts with express or implied authority of congress his authority is at its maximum

President acts where congress is silent & action upheld as long as it doesn’t take over the power of another branch of government or prevent from carrying out tasks

President acts against express will his action invalid

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13
Q

Pardon Power

A

President can only grant pardons for federal crimes but can’t undo an impeachment
State governors can pardon state crimes

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14
Q

Declare War

A

Congress alone has power to declare war

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15
Q

Treaty

A

2/3 senate approval

prevail over earlier federal statute & state law but not over Constitution

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16
Q

Executive Agreement

A

agreement bt. President & heads of foreign countries, need not be ratified by senate effective when signed by President

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17
Q

Presidential Immunity

A

President immune from civil suits for damages for any official acts he took as president but not purely personal acts

Presumptive privilege to not disclose other presidential communciation, but balancing test

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18
Q

Privilege & Immunities Clause Article 4

A

States cannot discriminate against out of state citizens with respect to fundamental rights unless there’s substantial justification and no less restrictive means to solve problem.

  • doesn’t apply to corps or aliens
  • employment counts here and only here
  • even if no discrimination could be invalid under dormant commerce clause
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19
Q

Dormant Commerce Clause

A

State law invalid if discriminates against or unreasonably burdens interstate commerce

  • laws that discriminate for purpose of favoring citizens- struck down
  • laws that discriminate against commerce but promote health and safety to be valid must demonstrate necessary to achieve compelling state interest and no reasonable non-discriminatory alternative (SS)
  • law nondsicriminatory but burdens commerce, valid only if serves important state interest and doesn’t impose unreasonable burden on interstate commerce (balancing test)
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20
Q

Tax doesn’t expressly discriminate against interstate commerce

A
  1. substantial nexus bt. taxpayer and state
  2. tax fairly apportioned
  3. fair realtionship bt. tax and service or benefits provided by state
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21
Q

Exceptions to Dormant commerce clause

A

congress can always pass law that discriminates against interstate commerce under commerce power
State is acting not as a regulator but as a market participant or business (buying + selling)

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22
Q

Full Faith & Credit Clasue

A

States must honor jdugement s in another state if court rendered judgement has jurisdiction, judgment on merits, and judgment final

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23
Q

State Action Applies

A
  1. state passes a law or permits officials to take action
  2. private actor is performing traditional/exclusive government function
  3. private action closely controlled by state
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24
Q

Examples of State Action

A
  1. Entwinement- state leases premises to restaurant that discriminates, provides books to schools who discriminate, private entity regulates sports
  2. judicial approval- court enforces restrictive covenant that restricts selling property based on race
  3. law enforcement arresting only blacks
  4. state authorization- state constitution repealed all laws banning discrimination in sale of lease of property
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25
Non state action
gov regulate electric grants liquor license & provides police protection to club private actor causes harm (social worker knew of harm didn't do anything to stop)
26
Contracts Clause
State can't pass legislation that substantially impairs preexisting K, unless law serves an important & legitimate public interest, anmd reasonable and narrowly tailored to promoting interest
27
Bill of Attainder
neither state or fed gov can pass legislation that specifically identifies people to be punished, imposes punishment, does so w/out judicial trial
28
5th Amendment Due Process
Federal government *includes non citizens, public employment or education Can't deprive person of life, liberty, or property w/out due process of law
29
14th Amendment States
Due Process for states
30
Takings Clause- Eminent Domain
fed & state gove can't take private property for public use without just compensation Physical invasion no matter how small counts *utiltiies
31
Regulatory Taking
depriving 1 of all economic value of land due to regulation | * if there is any remaining economically viable use for property it is less likely a taking
32
SS
government must show law is necessary (narrowly tailored) to achieve compelling gov interest ``` *fundamental rights MC SOFA Marriage, contraception & procreation, sexual conduct, obscenity's, family relations, abortion Vote Travel 1st Amendment right to refuse medical treatment ```
33
Rational Basis
P must show law not rationally related to legitimate government interest economic, education, welfare, poverty, wealth, age, meantla cpacity
34
Due process v. Equal Protection
``` Due Process limits everyone's abillity Equal Protection- treats person or class differently from others ```
35
Privilege and Immunities 14th Amendment
allows interstate travel for citizens not aliens to travel, move, & enjoy same privileges and immunities as other citizens
36
IS
government must prove classification is substantially related to important government interest Gender Illegitimacy Remedying past societal discrimination is constitutional
37
Equal Protection Clause
States: 14th Federal 5th Amendment Due process SS: FAR fundamental rights, alienage if state if fed RBR, racial or ethic discrimination States can exclude non citizens from government jobs like police, teachers, offiicals
38
Most protected Speech
political | speech in public forum
39
Less protected speech
commercial sexual time, place, manner for nonpublic forum
40
unprotected speech
clear and present danger Fighting words true threats obscene speech
41
Content Based
SS | Regulation that seeks to forbid communication about certain ideas
42
Content Neutral
IS- important gov interes tand it doesn't burden substantially more speech then necessary time, place, manner test *prohibit protesting form 9-7
43
Viewpoint REstriction
SS Always struck down prohibts advocating for aboriton within 100 feet of clinic
44
Symbolic Speech
regulates conduct and places an incidental burden on speech is allowable if regualtion is narrowly tailored to important governmental interest and is unrelatated to suppression of speech
45
unprotected speech
must pass RBR
46
Obsecene Speech- ADW
appeals to unusual interest in sex (applies local standards) depicts or describes sexual conduct in patently offensive way (applies local standards) work as whole lacks serious literacy, artistic political or scientific value (national standards)
47
Commercial Speech
``` false misleading isn't protected lawful and not misleading substantial government interest directly advance interest narrowly tailored ```
48
Sxual Speech
serve substantial governmental interest leave open alternative channels of communication *gov has substantial interest in combating crime & 2ndary effects caused by presence of adult entertainment
49
Time, Place, Manner Restrictions
government regulation isn't aiming to prohibit speech nacessairly but ends up regulating speech when trying to regulate when, where, how speech takes place Look to see if area is regulated or private
50
Public Forum
streets, sidewalks, parks-expressive conduct
51
Designated Public Forum
government chooses to open; limit o rdesignate when where and how State fairgrounds, school after hours
52
Time Place Manner Restriction
content neutral narrowly tailored serve important government interest leave open alterantive channels of communicvaiton
53
non public forum
historically notassocaited with free exchange of ideas miltiary bases,advertising by bus, school mailboxes, airports, government workplaces, prisons, sidewalks on postal service proprty
54
Law for nonpublic forum
viewpoint neutral | reasonably related to legitimate governmental interest
55
Government Workplacve
employee speak as a citizen on matter of public concern- if no, no 1st amendment violation if yes then state had adequate justification for treating employee differnt froem any member- if no 1st amendment violation if suppressed
56
Speech in Public School
speech in schools may be regulated if resonably related to legitimate pedogogical concerns and applies during school hours and at school functions
57
Speech off campus
school can regulate but school's interests are diminished and S Court doesn't want to create a categorical list of situations in which school's ability to act is maintained
58
prior Restraints
government prevents speech before its communicated | SS
59
Overbreadth
law overbroad and unconstitutional on its face if it prohibits substantially more speech then necessary facially invalid- can't be enforced against anyone
60
Vaugness
reasonable person can't tell what speech is prohibited and what speech is allowed, burden on P to prove statute unconstitutional
61
Press & Speech
press has right to publish info that is true and matter of public concern
62
Broadcasting
internet, cable, press- SS | Television, radio- IS
63
Access to Trials and Press
judge may close pretrial proceedings if she makes specfic finding on record to demonstrate closure essential to preserve vlaue and closure is narrowly tailored to serve overriding value
64
Establishment Clause
government cannot favor one religion over another not can it be hostile SS applies if favority
65
Establishment Clause and neutral law
State must have secular purpose primary effect must not be to advance nor inhibit religion not foster excessive governmental entanglement (grants for salaries of teachers that only teach secular school) * anything that requires surveilance on funds
66
Government Aid to Religious School
bus fare, school lunch, textbooks, library materials and interpreters for deaf is consituional Can't give $ for actual religious indoctrination
67
Free Exerciser Clause
government can't punish beliefs if they are sincere and genuine doesn't matter if beliefs are true or false Can't prohibit activity so long as regulation is neutral and of general applicability

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