Constitutional Law Flashcards
(222 cards)
1
Q
dContent based restrictions on speech- what level of scrutiny
A
Strict scrutiny= compelling govt interest and narrowly tailored
2
Q
How is funding to religious schools allowed acc to SC
A
if the funding is directed to parents to use for any school and it is through individual choice that they choose to use it for religious schools
3
Q
What does this trigger- ‘similarly situated people being treated differently’
A
Equal protection clause 14th am
4
Q
The 5th am applies to who?
A
The fed govt
5
Q
States can regulate interstate commerce but what is the restriction?
A
Can’t UNDULY BURDEN interstate commerce
6
Q
What is the only am that applies to private parties and NOT govt actors
A
13t am- badges and incidents of slavery
7
Q
Is a conviction necessary for a pardon
A
No
8
Q
is employment a fundamental right
A
NO. but a govt job may give you a property right in that job
9
Q
Who does the CONTRACT clause apply to
A
ONLY to the STATES
10
Q
What are the three fundamental rights
A
- privacy (including marriage, contraception, kids)
- travel
- vote
11
Q
What does the Takings Clause apply to
A
Real property
12
Q
Are sincerely held religious beliefs absolutely protected?
A
Yes
13
Q
Is religious conduct absolutely protected
A
NOOOOOO
14
Q
Does a tax payer have standing
A
Not for general federal expenditures. They can challenge legislation BY CONGRESS in violation of the Establishment class NOT for anything else
15
Q
What does article IV Privilege and Immunities clause apply to?
A
state discriminating against out of state people.
NOTE - it is ok to discriminate with respect JUST to RECREATIONAL activities
16
Q
Can an action be based just on the Necessary and Proper clause?
A
NO- Necessary and Proper must always be connected to another power
17
Q
Do you have standing if you are just thinking about x and planning something
A
NO
18
Q
Does the President’s power to pardon extend to impeachment
A
NO
19
Q
Does govt speech have to be viewpoint neutral
A
No
20
Q
What are the elements required for a regulation on Expressive Conduct to be upheld
A
1- furthers an important govt interest
2- interest is NOT related to Suppression of ideas
3- burden on speech is no greater than necessary
21
Q
When are laws regulating religious conduct ok?
A
Laws are subject to strict scrutiny UNLESS they are NEUTRAL law of general applicability
22
Q
Define the free exercise of religion in regards to religious beliefs
A
citizens have the freedom to believe in any religion or none and it can’t be restricted by law.
Govt can’t deny benefits or impose burdens on religious beliefs
23
Q
what type of suits are barred by 11th am
A
suits by citizens of one state suing ANOTHER STATE
suits by citizens suing their OWN STATE
24
Q
what is adequate and independent state grounds
A
If a state law fully resolves the matter, the SC can’t review the final state court decision
25
What is required for a tax by Congress to be upheld
must be rationally/reasonably related to revenue production
26
What branch of the Congress impeaches
House of Representatives impeaches by Majority vote
Senate convicts by 2/3 vote
27
What is required for a claim to be ripe
P has experienced real injury
28
When will a case not be dismissed as moot
If capable of repetition and could evade review
29
what does the 10th am do
All powers not assigned in the constitution to the Fed govt are reserved to the states or the people
30
What is procedural due process
Get notice and hearing before deprivation of life, property or liberty
31
What are three requirements for permissible TIME, Place, Manner restrictions on Speech
1. Content neutral
2. NARROWLY tailored to SIGNIFICANT state interest
3. leave open alternate channels of communication of info
32
Under the commerce clause, what power does Congress have?
To regulate any activity that by itself or in the aggregea has a substantial economic effect on interstate commerce
33
What is the Commandeering Act
Congress can't tell the states to enact specific legislation or to enforce a federal program
34
Under the 11th am, can an individual sue a state OFFICIAL
Yes- for injunctive relief
35
The general rule is that states can't enact legislation that discriminates against out of state commerce but what are the exceptions when a state can?
1. When the state is a market participant
2. When it is necessary to an important State interest and no other non discriminatory means are available
3. subsidies
36
What type of offenses can a President pardon a person for?
Federal
37
3 key elements for standing
INJURY IN FACT
CAUSATION
REDRESSABILITY
38
suspect classifications when strict scrutiny will apply under Equal protection
race, ethnicity, national origin
39
When is intermediate scrutiny applied under equal protection
Sex and legitimacy (non marital kid)
40
When can states tax the Fed govt
Only when the tax is indirect and does not unreasonably burden the Feds. I.e state income tax on Fed employees
41
When is public employment a property interest?
if there is an employment contract or they can only be fired for cause
42
Times when a govt CAN restrict speech based on CONTENT
obscenity, fighting words, true threat, incitement to violence, defamation, commercial speech
43
If there is NO fed regulation on the matter, a state can regulate commerce if...
- it doesn't discriminate against out of state people
- it doesn't unduly burden interstate commerce
- it doesn't apply only to out of state activities
44
How can a Pres veto a bill, how can Congress override it
pres can veto a bill within 10 days. Once it is vetoed, it can be overridden by 2/3 vote in each house
45
Standard for govt to regulate speech in a NON public forum
- viewpoint neutral
- REASONABLY related to LEGITIMATE govt interest
46
What is rational basis review
law is rationally related to legitimate govt interest
47
What is intermediate scrutiny
Law is substantially related to important govt interest
48
To trigger EP/ Strict scrutiny you must show discriminatory......
INTENT
49
what are 1983 claims for
deprivation by a person acting under color of law at any level of govt
50
What does the commerce clause give the power to regulate
1. channels
2. instrumentalities
3. any activities that substantially affects interstate commerce
51
Can President remove executive appointees without cause
Yes
52
Can the president declare war
No- but he can take military action.
Only congress can declare war
53
Who has the exclusive power to negotiate treatites
President. Ratified by 2/3 vote of Senate
54
Does the fed govt have power to regulate states
Fed govt has virtually unlimited power to regulate states as long as Congress is exercising enumerated powers
55
Can state regulations favor state businesses
Yes if the businesses are performing a traditional govt function like waste disposal
56
Can a non discriminatory state regulation be struck down
Yes, if it imposes an undue burden on interstate commerce and less restrictive alternatives are available
57
What type of segregation in schools violates Equal Protection
Only De Jure (intentional). De Facto segregation like in residential areas is ok
58
What level of scrutiny is applied to Affirmative Action programs
Strict scrutiny to any programs that favor ethnic or racial minorities
59
What is a Bill of attainder
Law that declares a person or group guilty of some crime and punishes them w/o trial.
This is PROHIBITED
60
What does the Establishment clause prevent
Govt can't give preference to one religion over another or religion over non -religion.
61
What is the "new" test for the Establishment clause
Historical practices. Strict scrutiny applies but if it has been historically done it is ok
62
Is aid to religious schools allowed
yes, if the aid is secular, distributed to all schools, acc to religiously neutral criteria
63
Are tuition vouchers for use at religious or non religious schools ok
Yes- parents can exercise choice
64
Can a state deny public funds to a student pursing a religious career
Yes
65
Can a school prohibit the teaching of Darwinism
NO
66
Can a school have a non denominational prayer
NO
67
When is a law void for vagueness
If it fails to provide fair notice of what is prohibited
68
Can a state compelling a private place like a shopping mall to allow individuals to exercise their own free speech rights there
Yes- if the mall is open to the public and the message is not likely to be attributable to the mall
69
What is a contribution
money given to individual candidates. govt can limit contributions to individual candidates to avoid corruption- statues subject to intermediate scrutiny
70
Is there a limit on political expenditures
No- limits on expenditures are subject to strict scrutiny, including expenditures by corporations or union
71
3 types of forums
traditional public
designated public
non public
72
what is a public forum
historically associated with expression like a street, sidewalk, park.
73
What is a designated public forum
govt has opened for use- like civic auditorium, school classroom after hours, town own building
74
For traditional public forums and designated public forums what must a restriction on speech be?
- content neutral to subject matter and viewpoint
- narrowly tailored to serve SIGNIFICANT govt interest
-Leave open alternative channels of communication
75
For a non public forum, how can a govt regulate speech there?
- regulation must just be viewpoint neutral
Regulation must be reasonably related to legit govt interest
76
an the govt regulate speech on a person's own property
NO- no first am right to express oneself on someone else's private property
77
what is the test for obscenity
1- appeals to prurient interest
2. depicts sexual conduct in offensive way
3. lacks artistic, literary, political, scientific value
78
What is the test for incitement to violence
Got can forbid speech that advocates use of force or violence if the speech is directed o producing/inciting IMMINENT lawless action or is likely to incite such action- poses a clear and present danger
79
Test for restrictions on commercial speech
1. commercial speech must concern lawful activity and not be false or misleading
2; substantial govt interest
3.regulation directly advances that interest
4. narrowly tailored
80
When can media's right to attend trials be overruled
If the judges finds an overriding interest that can not be accommodated by less restrictive means
81
Is there a constitutional right for media to protect sources
NO
82
Content based regulations of cable broadcasters are subject to what level of scrutiny
strict
83
regulation of internet content is subject to what level of scrutiny
strict
84
disproportionate IMPACT-->
rational basis test
85
discriminatory INTENT-->
strict or intermediate scrutiny
86
Can congress make a law that treats citizens and non citizens differently.
YES- b/c congress has power over immigration and naturalization under Article 1. So Congress CAN discriminate against non citizens but states usually CAN NOT
87
When are judges NOT immune from judicial decisions
if the ct clearly lacked subject matter jurisdiction at the time the action was taken
88
if a federal statute REQUIRES state officials to do xyzzy is it constitutional?
NO- violates 10th am, anti commandeering
89
gag order on trial and closing court room to media must survive what level of scrutiny
strict- and there can't be any less restrictive means to achieve same result
90
retroactive application of an amended civil law is subject to what level of scrutiny
Rational basis
91
president's power over national guard?
Congress has power to authorize President to send national guard troops in w/o permission of state governors- in domestic and non emergency situations as well as emergencies.
92
Can an offer for fed employment be rescinded if they find out you belong to a subversive group looking to overthrow the govt
ONLY IF you are an active member, you know of the group's illegal objectives and you specifically intent to further them.
93
what is the ministerial exception
protects religious organizations from civil liability for employment discrimination when they hire or fire employees who serve in ministerial roles. This exception applies to any employee whose primary function is to advance the organization's religious mission (e.g., pastor, parochial school teacher).
94
can states prohibit felons from voting
YES Under Section 2 of the Fourteenth Amendment, states may prohibit felons—even those unconditionally released from prison—from voting in elections.
95
what level of scrutiny applies to related persons' right to reside together in a single household—
strict scrutiny
96
are suits against state officials for violating STATE law barred by the 11th am
yes
97
does congress have the power to place tariffs on goods from other countries- foreign commerce
yes
98
if you lack meaningful opportunity to be heard by neutral decision maker, it is a violation of what
Due Process clause
99
if the state court relied on a recent Supreme Court decision to make its decision, can the SC hear the appeal?
YES b/c decision was based on federal law
100
can congress issue a tax just on wash dc residents or excluding just Washington DC residents
Yes- enclave clause gives Congress plenary (i.e., exclusive) legislative power over the District of Columbia. As a result, a federal statute that prohibits the District of Columbia from imposing an income tax on persons who work there but reside elsewhere is likely to be found constitutional.
101
does congress have the power to tax exported goods- goods leaving the US`
NOOO
102
for affirmative action programs, discriminatory programs can only survive strict scrutiny IF
1- the govt has a COMPELLING interest in remedying its own discrimination against the group AND
2-the discriminatory program is necessary b/c race neutral methods are unavailable or insufficient.
The govt can't be remedying "societal discrimination" against the group- it must be its own discrimination
103
when can Congress abrogate state immunity from suit
If acting to enforce rights under 14th am- EP
104
If congress conditions federal funds to a state by requiring them to implement certain regulations to get the funds, when is this ok
1- as longa as the condition is related to the purpose of the funds
2- condition can't be coercive- i.e NOT a huge amt of money
105
Congress can delegate power to an agency as long as it provides-----
Reasonable standards
106
what does the supremacy law provide
If state law conflicts with federal law, fed law governs
107
What are the ways a fed law can preempt a state law
1- express preemption
2- implied: congress can pass a law intending to OCCUPY the field or a state law conflicts directly or indirectly with fed law
A state can pass more stringent laws then Feds as long as they don't conflict
108
general rule of dormant commerce clause
A state law may not discriminate against out of state commerce or unduly burden interstate commerce
109
When does a private actor get treated like the govt
if carrying out activity traditionally performed by govt
if the activity is intertwined with a state actor/joint action
110
Define the takings clause- 5th am
govt may not take private property for public use without just compensation.
govt either physically takes or passes law/regulation that renders land valueless or reduces value.
111
What is exaction
local govt compels promises from a developer in exchange for constrution permits
112
What is just compensation in a taking
fair market value at time of taking.
It can't be future use or speculative
113
if the separate gender facilities offered are substantially equivalent then does it violate EP
NO
114
Issues to consider for a speech regulation
1. is it expressive conduct?
2. is it overbroad
3. is it vague
4. is it a prior restraint
5. is it content based--> strict scrutiny
6. Is it content neutral--> intermediate sc
7. Is it a time place manner restriction--
If so, is it in public or designated public forum--> strict sc
is it in a non public forum--> rational basis
8. is it a category of unprotected speech
- incitement, fighting words, defamation, commercial speech, obscenity
115
if laws intentionally target religious conduct, what level of scrutiny?
strict
116
in a traditional public forum, when can a govt regulate speech
1. content neutral for subject matter and viewpoint
2. narrowly tailored to serve significant govt interest
3. leave open alternative means of communication
117
if a company has set up a company town- with a school just for workers, housing, fire, sanitation, etc... then if they make restrictions are they considered a govt actor
Yes b/c doing activities traditionally performed exclusively by the state like running primary elections or governing a company town so constitutional protections apply.
118
a state regulation is NOT unduly burdensome if there is ----- and ------
no risk of inconsistent regulations by different states AND it imposes equal burden on companies in and out of state
I.E applies equally to all states and not discriminatory
119
where is procedural and substantive Due process in the constitution
Section 5 of 14th Amendment
120
When is the only time Congress can allow suits against States
If acting to enforce civil war amendments- 13-15th Amendments
121
If the question says "all of these actions took place before the law was adopted" what should that trigger
Ex post facto laws
122
The 7th am provides the right to a jury trial at the Federal or State level?
Federal only! It has NEVER been incorporated against the states. States CAN deny the right to jury trials
123
what type of govt restrictions on firearms are permissible acc to Supreme Ct
- banning unusually dangerous firearms like grenades
Issuing conditions on commercial sales of guns
Banning possession of guns by felons and mentally ill
prohibiting open carry in areas like schools
prohibiting concealed carry in public
124
Can Congress ban the states from enacting xyzzy law
Fed govt can only exercise powers specifically enumerated by Constitution.
14th Am Section 5 gives Congress power to pass legislation to enforce EP/ Dp but not expand those rights or create new ones.
Enforcement power does not stretch to prohibiting a state law that does not violate the constitution.
125
What power does the article 2 appointment clause give the President
Power to appoint principle Federal officers with the Senate consent and approval
126
Is senate approval for Presidential appointment of heads of exec branch agencies or Federal courts required?
NO. Congress can delegate that power to the President alone
127
Can states impose reasonable education std on public and private schools and homeschooling including hrs of instruction, min competency
Yes
128
What does article 4 of the Priviledges and Immunities clause prohibit states from doing?
Discriminating against CITIZENS (not corporations) by denying them a RIGHT OF STATE CITIZENSHIP
129
if a state discriminates against out of state commerce what should that trigger
Dormant Commerce Clause- answer may just say Article 1 Commerce Clause
130
Can congress revoke citizenship of a US citizen
NO
131
Can Federal agencies like the Department of Defense be taxed by a State?
NO- all Fed agencies are immune from state taxation unless Congress expressly consent
132
what power does the 21st amendment give to the states
Broad power to regulate the use of alcohol within the state borders. State can prohibit the importation, transportation or sale of alcohol within the state
133
Voter registration, photo Id requirement for voting and not allowing write in voting - what level of scrutiny
Rational basis!
134
Discriminatory voting restrictions like poll tax, not allowing 3rd P candidates, property ownership requirements- what level of scrutiny
Strict scrutiny
135
If a state law discriminates based on citizenship status, what level of scrutiny?
strict scrutiny b/c constitution affords equal protection to all "persons" but a state can not allow non citizens to become police officers or vote or be on jury or be public school teacher
136
Does the President or Congress have exclusive power to recognize foreign governments
President and congress can not override his decision about recognizing these foreign governments
137
If the media lawfully obtains and publishes private facts about matters of public concerns are they shielded from civil and criminal liability
Yes
138
Can the media be protect from publishing truthful info that was UNLAWFULLY OBTAINED by a third party
Yes if
1. the info is about a matter of public concern
2. they did not obtain it themselves unlawfully and didn't know it was obtained unlawfully
139
What is the non delegation doctrine
Congress can NOT delegate the power to make or repeal laws, impeach federal officers or declare war
140
What powers CAN Congress delegate
rule making, enforcing regulations
if it provides intelligible principles to guide the agency
141
Can a taking be when the govt takes property rights like easements and liens
Yes
142
Under the EP clause, population in each voting district must be ____
approximately equal. A deviation of 10% or less does not violate equal protection
143
Does dismissal at a public college require a hearing and notice under due process if it is based on academic performance?
No. But if it is for disciplinary reasons, need DP notice and hearing
144
Is compensation for takings required when govt destroys private property (crops) in response to public peril (parasites)
NO
145
Is a tax ok if only one state is taxed as long as the industry is taxed uniformly. (i.e. the industry only exists in one state)
Yes- tax is ok as long as uniform in application
146
Congress has ___ power over non citizens so laws that treat them differently are subject to what level of scrutiny
Plenary power over non citizens so laws treating them differently are subject to rational basis
147
Can congressmen make defamatory statements about the president?
no- if the statements are made outside of Congress, then Congressman is civilly liable
148
Can the president make defamatory statements while in office?
Yes- absolute immunity from civil suits for actions while in office
149
restrictions on hair or dress in public schools are subject to what level of scrutiny
Rational basis- the student has the burden to prove it is irrational and not related to legit reason
150
Parents right to control upbringing and kids' education is subject to what level of scrutiny
Strict
151
if an act of Congress and a treaty conflict, which prevails
Whichever is most recently adopted
152
if the constitution and a treaty conflict, which prevails
Constitution
153
requirements for standing
injury in fact, causation, redressability
154
what is the federal property clause
gives contgress power to dispose of and make all rules for territories and other pretty of US
155
Can states place regulations on electors
Yes, they can require them to cast their vote for winner of popular vote or punish electors who violate that pledge
156
what does the 15th am cover
prohibits denial or abridgment of voting rights based on RACE
157
If person is subpoena'd to testify before congress, can they request presence of counsel
Yes, they have all procedural Due Process its include presence of counsel
158
A public university is considered what type of forum
limited public forum
159
Can a public university allocate funds to school groups
As long as view point neutral
160
For JMOL and renewed JMOL can the court consider the credibility of witnesses or evaluate evidence
NO
161
What is the presentment clause
President has no authority to amend or repeal laws of congress
162
racial restrictions on voting or unequal representation in voting districts based on age trigger what amendment
15th
163
state law is non-discriminatory if it ...
applies equally to in state and out of state economic activities
164
states can tax people employed or doing business with fed govt unless...
tax discriminates against fed govt
the tax substantially interferes with their ability to accomplish it's federal goals/purpose
165
when do courts have power to determine inter branch disputes involving foreign affairs
when they concern the validity of a federal statute
166
elements to determine if an activity has substantial effect on interstate commerce so that congress can regulate it
- if the activity is COMMERCIAL/ECONOMIC- then the substantial effect is presumed
-if there are congressional findings that the activity affects interstate commerce
-if there is a strong link b/ activity and effect on IC
167
Can congress play a direct role in removal of federal officers
NO
168
Appointment of main officers of executive agencies vs inferior officers
Main officers- appointed by Pres, approved by Senate
inferior officers= appt can be delegated to Pres, Fed Its or head of exec departments.
169
Does Pres have authority to remove federal executive officers
Yes, Pres has absolute authority to remove exec officers UNLESS they lack policymaking or administrative authority
170
if ambiguous law has a long history of non-enforcement, a case challenging that law...
will lack ripeness
171
what is the non delegation doctrine
Congress is NOT allowed to delegate legislative powers- making or repealing laws
172
Congress can delegate rule making authority and enforcing regulations if...
if congress provided intelligible principles defining policy, agency and scope- look for the policy congress seeks to advance, name of agency created and scope of that agency's authority
173
president's powers in relation to foreign govts
Pres and his subordinates are exclusive official representatives in foreign affairs. pres can communicate/negotiate w/ foreign governments, and recognize foreign governments
174
If a state makes a law that clearly discriminates against out of state companies it will only be upheld if....
What to look for in fact pattern
the state can prove an important local interest is being served and no other nondiscriminatory means are available to achieve that purpose
Look for if other states have a law that is less discriminatory to achieve the same purpose
175
Barring people from government employment is an example of what
Violation of a Bill of Attainer
176
Can states exclude non citizens from certain govt jobs like public school teacher or police officer
Yes- based on public function doctrine- just rational basis test
177
is right to an education a fundamental right?
NO- so--> rational basis
178
Does the fed got have to abide by state environmental regulations
NO
179
how to start a free speech essay
The first amendment applies to the states thru the due process clause of the 14th amendment.
180
free speech- strict scrutiny
govt must show that the regulation is necessary to serve a compelling state interest and is narrowly tailored to that end
181
speech in public schools
speech in schools may be regulated as long as the regulations are reasonable related to legit educational concerns
182
restriction in public forum or designated public forum (including school that opens its doors to after school activities)=
content neutral, narrowlily tailored to serve important Gove interest, leave open alternative channels of communication
183
can congress regulate economic activity even if it only occurs in one state
YEs= any economic activity
184
when govt infringes on a constitutional right- marriage, abortion
think substantive due process
185
fundamental rights that require strict scrutiny for substantive due process
right to travel
right to vote
all first am rights
right to refuse medical treatment
marriage, contraception, sexual conduct, family relations, abortion
186
Blahhhhh
rational basis
187
is there intermediate scrutiny on substantive due process
NO
188
equal protection comes up when...
there is a class being discriminated against
189
if fed govt makes racist law- discriminating based on race, then what am does it violate
5th b/c 14th am EP is incorporated against Fed govt thru 5th am
190
if congress passes a law that no fruit sellers outside of state A can sell fruit to citizens of state A... designed to stimulate economy in state A- is it constitutional?
yes b/c CONGRESS can do whatever the fuck they want under commerce power. A state couldn't pass this law but congress can
191
under the bankruptcy act, can congress abrogate state immunity
YES. Or under 13-15th amendments
192
does the 11th am- state immunity from suit by citizens- apply to states AND state agencies?
YES
193
the spending clause permits congress to act for....
the general welfare
194
charging more for deer hunter permits to out of state people than in state people?
privileges and immunities clause- article IV. And it is constitutional b/c it is recreational NOT commercial
195
would a three percent reduction in the property value due to having to place trees on the property equal a taking if they still have "economically viable use of the land"
NO b/c they still have economically viable use of the land then it is NOT a taking
196
if question is specific to corporations, what two answers can you rule out b/c they don't deal with corporations
Priviledges and Immunities clause of 14th am AND
Priviledges and Immunities clause of 4th am
197
purpose of dormant commerce clause
To protect IN STATE commerce
198
does a state's sovereign immunity under the 11th am extend to a federal bankruptcy trustee?
No- they (the state) has to turn over any land or whatever to the feds that the fed bankruptcy trustee says to turn over
199
Welfare benefits being taken away requires WHAT
PRE-termination hearing!!
200
durational residency requirements- i.e that you must have resided in a state of x amount of time - for a basic necessity of life like medical treatment, think of what?
right to travel under 14th AMENDMENT. state is discriminating against you to get basic necessities. NO durational residency requirement is ok for basic necessities but is ok for in state tuition or for divorce requirements but NOT basic medical requirements, welfare.
201
if president thinks national security is threatened, can they seize labor plants
Yes
202
The ONLY amendment dealing with PRIVATE companies and race... if you see PRIVATE, think of....
13th amendment!!!
203
if you see house or senate being able to revise a bill without bicameral process think...
Presentment
204
Article 1 section 4 elections clause allows what
Congress to override state laws regarding federal elections- for time place and manner
205
Contracts clause affects what type of contracts
Iimits ability of states to enact lawa that retroactively impair contract rights. It does not affect contracts that have not yet been made
206
state legislators have criminal or civil immunity for stuff they say on the floor of congress?
Only absolute CIVIL immunity for actions taken pursuant to official legislative functions.
207
is a corp created and controlled by fed govt a govt actor even if it says not a agent of the govt
Yes, still govt actor for purpose of Crim pro stuf
208
if you see durational residency requirements in a congressional law- think
violation of Right to travel- strict scrutiny
209
time place and manner restrictions...
narrowly tailored to served substantial govt interest, leave open alternative channels of communication
210
when will Government holiday displays be upheld
rGovernment holiday displays will generally be upheld unless a reasonable observer would conclude that the display is an endorsement of religion
211
can the government provide funding to religious colleges?
yes, if the aid is secular in nature (i.e. to aLL colleges,), only used for secular purposes and the distribution criteria is religiously neutral
212
regulations on truthful commercial speech
substantial government interest and the regulation directly advances that interest and is narrowly tailored to serve that interest.
213
laws that Congress passes related to decreasing bias to people of different ethnicities or nationalities are permitted under what Amendment
t. The Section 5 Enabling Clause of the Fourteenth Amendment permits Congress to pass legislation to enforce the equal protection and due process rights guaranteed by the Fourteenth Amendment, as long as there is "congruence and proportionality" between the injury to be prevented or remedied and the means adopted to achieve that ends
214
In a public fprum, if a govt regulatiom on speech is CONTENT NEUTRAL, what standard?
Intermediate scrutiny-reasonable restrictions on time, place, manner narrowly tailored to serve significant govt interest and leave open other channels
215
In a public forum, if a govt regulation on speech is NOT content neutral?
Apply strict scrutiny
216
If a defendant is compelled to stand trial in prison clothing what does that violate?
Due process
217
Is funding from the govt alone enough to make a school a state actor
No. The state must compel the actor to do xyz
218
Can congress play any role in the removal of executive officers
No
219
Some things congress can regulate public and private employers for
Min wage, max hrs, child labor
220
Can a state ban advertising about an activity in different state that is illegal in the state where advertising takes place
No. I.e. can advertise gambling in Vegas in TN
221
A state law that discriminates against non state residents is subject to
Strict scrutiny- must be narrowly tailored to meet non protectionist purpose
222
the ministerial exception does not apply to teachers at religious schools in what circumstances
If they are only teaching secular subjects at religious schools
