Constitutional Law

Question 1

In the context of Free Speech, most public property (other than streets, sidewalks, parks, and designated public forums) is

Answer 1

a limited public or nonpublic forum.

Question 2

The government may regulate speech in limited and nonpublic forums for their intended government use when

Answer 2

(1) viewpoint neutral
(2) reasonably related to a legitimate government purpose

Question 3

The steps/grounds of a government building are

Answer 3

a limited public or nonpublic forum

Question 4

For limited public and nonpublic forum regulations, who and what is the burden?

Answer 4

Plaintiff has the burden of proving the regulation has no reasonable relation to legitimate governmental purposes, i.e. no reasonable basis for the regulation.

Question 5

Article 4, Section 3

Answer 5

Property Clause giving Congress the power to “make all needful rules and regulations respecting the territory or property” of the United States

Question 6

Powers - Judiciary - Limits on Subject Matter Jurisdiction

Answer 6

• Advisory Opinions but Dec. Judg
• Ripeness
• Mootness
• Standing
• Federal Grounds
• Abstention
• Political Questions
• Eleventh Amendment

Question 7

Powers - Judiciary - Ripeness and Factors

Answer 7

• bars claims before developed

fitness (i) uncertain future enforcement or (ii) immediate impact pending enforcement
hardship (i) risk to provoke enforcement

Question 8

Powers - Judiciary - Mootness

Answer 8

• bars claims after resolved
• (i) real, live controversy (ii) all stages
• Except, capable of repetition (i) short duration (ii) Defendant can resume
• proponent burden of no live controversy

Question 9

Powers - Judiciary - Justiciability

Answer 9

1. Case and Controversy, binding judgment on parties
2. Ripe and Not Moot
3. Standing

Question 10

Powers - Judiciary - Standing

Answer 10

1. Injury in Fact,
2. Causation, fairly traceable to D
3. Redressability

Question 11

Powers - Judiciary - Injury in Fact

Answer 11

Concrete
Particular
Impending Harm

Question 12

Powers - Judiciary Power - Redressability

Answer 12

relief would remedy or stop injury

Question 13

Federalism - States - Sovereign immunity

Answer 13

11th Amendment + federalism
State immune from suit
must consent
express consent by statute
structural consent US suit
Exceptions
- state officials in off capac
- Congress civil rights
- local gov/agency

Question 14

Powers - Supreme Court - Appellate Jurisdiction

Answer 14

Gen, S.C. ultimate arbiter of fed law
appeals from State high court decided on fed law

Except, no hear if adequate and independent state grounds
state ground adequate support jdmt, ex. dismiss on state proc grounds
state ground independent of fed law, ex. only state law rules/reasons

Question 15

Powers - Congress - Legislate (Make laws)

Answer 15

Art. 1 s. 8

enumerated power + necessary and proper

no general welfare or police power

Question 16

Powers - Congress - Spend Money

Answer 16

spending or condition okay if
clear-notice, not coercive
general welfare
relate to fed gov. interest
not unconstitutional by violate rights

Question 17

Powers - Congress - Regulate Commerce

Answer 17

1. channels, e.g. I-10
2. instrumentalities, e.g. persons, things, past/future travel on I-10
3. activities that sub. affect interstate commerce (i) intrastate economic activity in aggregate (ii) intrastate noneconomic activity with commercial jurisdictional element

Question 18

Powers - Congress - Delegatation

Answer 18

Proper
1. minor questions, intelligible standards
2. major questions (extra econ or pol sign), clear authority

Improper
1. grant Prez legislative veto, violat bicam and presentm
2. retain Congress executive veto, violate presentm

Question 19

Powers - President - Domestic Executive

Answer 19

1. no force Prez to enforce law
2. Implied Power, (i) Congress express (ii) Congress acquiescence (iii) contra-Congress

Question 20

Powers - President - Foreign Executive

Answer 20

1. commit troops
2. 2/3 treaties v. fed law (most recent is supreme)
3. Executive Agreements (can’t conflict fed law)

Question 21

Powers - Congress - Legislate - Commandeering

Answer 21

violate federalism
compel state pass/repeal law or force state official give fed. program
but use spending

Question 22

Powers - Federal v. State - Preemption

Answer 22

Fed law Supremacy

1. Express “all state law is preempted to the extent”
2. Implied Preemption
   (i) direct conflict
   (ii) frustration
   (iii) field

Question 23

Rights - Privileges and Immunities - Article 4

Answer 23

P&I of several states that person visits
cannot deny the citizens of other states fundamental rights
(i) pursue a calling or trade

or discriminate temporary residents because would impair second component of right to travel
(ii) own and sell property
(iii) new residents receive benefits of state citizens

but can for voting

Question 24

Rights - Privileges and Immunities - 14th Amendment

Answer 24

My move from CA to TX violates 14th P&I, “not from here”
Rights of U.S. citizenship

State can’t impair right to travel
1. transient movement, enter state and leave another
2. temporarily present, treated as welcomed visitor, not hostile
3. entering seeking residency (new resident), treated equally as native-born state citizen

Question 25

Powers - State - Dormant Commerce Clause

Answer 25

Prohibit State protectionism statutes Classification/Discriminate 1. Facial or Purpose - discriminate interstate commerce (burden out of state to benefit in state) Test: State burden, necessary to legit local benefit not preferential commercial benefit AND no non-discriminatory means Equal application for in and out state commerce 2. Burden - incidental v. unduly burden Test: burden outweighs benefits, look to nature of benefit (public safety) and alternate means that get benefit and reduce burden Exc. market participant can favor local over other Exc. Congressional action in area moves to preemption analysis

Question 26

Rights - State Action through Private Action

Answer 26

1. private excercise traditional state function, e.g. police, prison, school 2. state pervasively entwined with private through association, funding

Question 27

Suspect Class Qualifications

Answer 27

1. historical discrimination, prejudice, stigma, stereotyped 2. unchangeable trait 3. highly visible trait 4. in minority, political powerless 5. distinguishing character no affect on societal contribu.

Question 28

Rights - Equal Protection Review

Answer 28

no fundamental right/not suspect class(Age, disability, wealth, pols)/discriminatory intent = P burden not rational basis = action not rational related to legit interest quasi-suspect class (gender, illigit children) = gov burden intermediate = action sub. related (or narrowly tailored not overbroad) to important (significant) interest suspect class (Race, Naty, Alienage, Religion)/fundamental right = gov burden strict scrut = action nec. to compelling interest

Question 29

Rights - Due Process - Procedural

Answer 29

5th = federal 14th = state right to notice that reason calcul notice of adverse impact interest, right to hearing after balance interest and gov. practical efficiency right to neutral d-m'er no bias risk of bias b4 intentional/reckless deprivation life liberty - phys./legal freedom, excer. rights property - real/personal, reas continued receipt of gov. ben tenured employ welfare

Question 30

Right -