Con Law - Wrongs Flashcards
What power do states have to regulate activities of the federal government?
States have no power to regulate activities of the federal government unless Congress consents to the regulation.
When will a federal court hear an action to enjoin a pending state court prosecution?
If it is being conducted in bad faith, merely to harass the ∆
What is the threshold for using the Privileges & Immunities Clause of Article IV?
The law must discriminate against out of staters.
What does the Privileges & Immunities Clause of the 14th Amendment apply to?
Right to interstate travel. That’s it.
Who may adjudicate border disputes between states?
Federal Courts, only. SCOTUS has original, exclusive jurisdiction in suits between state governments.
When does SCOTUS have original jurisdiction?
(1) In all Cases affecting Ambassadors, other public Ministers and Consuls (shared w/ lower federal courts)
(2) and those in which a State shall be Party
Under the Equal Protection Clause, how are classifications based on alienage analyzed?
Alienage classifications are subject to strict scrutiny, and thus must serve a compelling interest.
May states enact laws that regulate foreign commerce?
No. The power to regulate foreign commerce lies exclusively with Congress.
What does the Property Clause do?
The Property Clause gives Congress the power to “make all needful rules and regulations respecting the territory or other property belonging to the United States.”
In what ways may Congress modify the jurisdiction of the Supreme Court?
Congress has the authority to adopt laws modifying appellate jurisdiction; modification of the Court’s original jurisdiction would require a constitutional amendment.
May a municipality use zoning to limit the location of adult theaters and nude dancing establishments?
Yes, so long as the ordinance:
(1) is designed to promote important government interests, and
(2) does not prohibit all such entertainment in the community
What are the limits of Congress’s power to investigate?
Congress’s power to investigate is limited to matters on which it can legislate. If it is asking about matters outside its ability to legislate, don’t have to answer.
What are the Due Process requirements for removing a public employee for “cause?”
If an employee is subject to removal only for “cause” under a statute, ordinance, or personnel document has a property interest in continued employment that cannot be taken away without:
(1) notice of the reason and
(2) an opportunity to respond.
Can states discriminate against out-of-state businesses to benefit local economic interests? (2)
(1) Generally no, however
(2) The Commerce Clause does not prevent a state from preferring its own citizens when the state is acting as a market participant.
Can states create their own postal systems?
No, Congress has monopoly power to establish post offices and post roads. Congress has delegated to the Postal Service the power to decide whether others may compete with it. The only current exception to the monopoly is extremely urgent letters.
