Constitutional Law

Question 1

Can Congress put conditions on the federal funds that they give to the states?

Answer 1

Yes, also long as it meets rational basis. (reasonably related to a legitimate government interest.)

and as long as it’s not unduly coercive.

Question 2

What does the Taxing and Spending Clause allow Congress to do?

Answer 2

Tax and spend for the general welfare.

Question 3

What can congress regulate regarding Interstate Commerce?

Answer 3

CIA

C - Channels
I - Instrumentalities
A - Activities that substantially effect Interstate Commerce

Question 4

What are Economic Protectionist Statutes?

Answer 4

A state law that favors in-state business over out-of-state business.

Almost always unconstitutional unless Congress gives their blessing.

Question 5

If the regulation doesn’t directly discriminate against out-of-staters or foreign nations, what is the balancing test that the court uses?

Answer 5

The reasoning for the state regulation against the Commerce Clause.

Question 6

When can the states discriminate against out-of-staters in regards to Commerce?

Answer 6

• When the court allows it.
• Market participant exception (unless congress does not allow it.)

Question 7

Can States grant their citizens greater protections than Federal Law does?

Answer 7

States are allowed to grant their citizens greater protections unless Congress says no.

Question 8

What is the presumption regarding Congress occupying.the field?

Answer 8

The presumption is that Congress did not intend to occupy the field. Congress must show their intention.

Question 9

Rule: If you lose in state court, ________________

Answer 9

you appeal to the next highest state court.

Question 10

What are the three parts to standing?

Answer 10

1) Injury-in-fact - Present injury, not future.
2) Causation
3) Redressability

Question 11

When does a seller of goods have third party standing?

Answer 11

A seller of goods has third party standing when the rights of the customers are adversely affected.

Question 12

When may the Supreme Court review a decision from a state court?

Answer 12

1 - There is a final judgment from the State court.
2 - The judgment had to come from the highest state court.
3 - A substantial federal question was raised.
4 - The decision by the state court did not rest on adequate and independent state grounds.

Question 13

Congress __________, the President ______________

Answer 13

pays for the military;

as commander-in-chief, tells the troops where to go.

Question 14

Who is eligible for a presidential pardon?

Answer 14

A federal offender or someone threatened with federal charges.

Can’t be pardoned for a state charge by the president.

Question 15

When can a state discriminate against resident aliens?

Answer 15

Important government functions. (School teacher, police officer, being in a jury.)

Question 16

Procedural Due Process -

Answer 16

The state can not deprive you of your life, liberty, or property, there must be proper notice and hearing.

Question 17

What is the Procedural Due Process balancing test?

Answer 17

Is the interest being taken away outweighed by the risk of error if no hearing is granted?

Question 18

Explain the Contracts Clause

Answer 18

The Contracts clause only applies to state laws, prohibiting them from retroactively and substantially impair already existing contracts UNLESS the state law serves an important government interest and its narrowly tailored.

Question 19

Ex Post Facto Clause only _________________

Answer 19

Deals with criminal cases.

Question 20

Equal Protection Clause ____________________;
Substantive Due Process ____________________.

Answer 20

applies to state laws;

applies to federal laws.

Question 21

Content based restrictions on speech are _________________

Answer 21

presumptively unconstitutional and held to a strict scrutiny standard.

Question 22

When are Commercial Speech Restrictions allowed?

Answer 22

As long as they serve a substantial government interest and is narrowly tailored.

Question 23

Libraries are ___________________.

Answer 23

Non-public forums (not historically associated with free speech.)

*Weak rational basis standard of review and viewpoint neutral.

Question 24

Does the press have a right to publish information about a matter of public concern? If so, how can that be restricted.

Answer 24

The press has a right to publish information about a matter of public.

Can only be restricted by a narrowly tailored sanction designed to further a state interest of the highest order.

Question 25

What’s the new establishment clause rule?

Answer 25

The Establishment clause compels the government to pursue a course of neutrality towards religion.

• Can’t sponsor religion (aid or advance religion)
• Can’t directly or indirectly coerce citizens to exercise or refrain from following religion.

A questionable action may be upheld if it’s supported by history and tradition (including if the founders would deem it permissible).