Con Law Flashcards

(8 cards)

1
Q

Triggers for privileges and immunities clause

A

State laws that discriminate against out-of-state residents in terms of the right to earn a living

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2
Q

When is the distinction between rights and privileges used?

A

to determine when the government must provide procedural due process before deprivations of property or liberty.

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3
Q

True or false: an ordinance that distinguishes between on-premises and off-premises signs generally is content-neutral

A

true

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4
Q

What is the level of scrutiny for content-based speech regulation

A

strict scrutiny

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5
Q

What is the level of scrutiny for content-neutral speech regulation

A

intermediate scrutiny

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6
Q

is the grant of a franchise by a government to a private company sufficient to create state action?

A

No

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7
Q

Can a state exclude religious organizations from receiving a government benefit that is available to secular organizations?

A

No. Once a state offers a benefit, it cannot exclude religious groups solely because of their religious character.

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8
Q

What constitutional principle is violated when a religious group is excluded from a generally available public benefit?

A

The Free Exercise Clause is violated because exclusion based on religion penalizes the free exercise of religion.

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