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Constitutional Law Flashcards

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1
Q

What does Article III of the Constitution establish?

A

Federal judicial power extends to cases involving:
* Interpretation of the Constitution, federal laws, treaties, and admiralty and maritime laws
* Disputes between states, states and foreign citizens, and citizens of diverse citizenship

Article III outlines the jurisdiction of federal courts.

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2
Q

What is the 11th Amendment?

A

A jurisdictional bar that prohibits:
* Citizens of one state or a foreign country from suing another state in federal court for money damages or equitable relief
* Suits in federal court against state officials for violating state law

The 11th Amendment emphasizes state sovereign immunity.

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3
Q

What are exceptions to the 11th Amendment?

A

Exceptions include:
* Consent
* Injunctive Relief
* Individual Damages
* Congressional Authorization

These exceptions allow for certain legal actions against states.

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4
Q

What is required for a plaintiff to have standing in federal court?

A

A plaintiff must establish:
* Injury in Fact
* Causation
* Redressability

These elements ensure that the plaintiff has a concrete stake in the outcome.

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5
Q

True or False: A taxpayer has standing to challenge governmental expenditures under the Establishment Clause.

A

True

Taxpayer standing is limited but does apply in specific constitutional challenges.

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6
Q

What is the concept of ripeness in legal terms?

A

Ripeness refers to a claim that has fully developed and is ready for litigation, requiring a real injury or imminent threat thereof.

Courts will not consider claims that are not ripe.

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7
Q

What does the term ‘mootness’ mean?

A

A case has become moot if further legal proceedings would have no effect, meaning there is no longer a controversy.

A live controversy must exist at each stage of review.

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8
Q

What are the three exceptions to mootness?

A

Exceptions include:
* Capable of Repetition, Yet Evading Review
* Voluntary Cessation
* Class Actions

These exceptions allow cases to proceed despite being technically moot.

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9
Q

What is an advisory opinion?

A

Federal courts may NOT render advisory opinions; an actual case or controversy must exist.

Courts may issue declaratory judgments under certain conditions.

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10
Q

What defines a political question?

A

A political question is one that is to be resolved by the other branches of government and not subject to judicial review.

This arises when the Constitution assigns decision-making to another branch.

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11
Q

What is the Necessary and Proper Clause?

A

Congress can exercise powers enumerated in the Constitution plus all auxiliary powers necessary and proper to carry out those powers.

The clause must work in conjunction with another federal power.

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12
Q

What are the conditions under which Congress’s taxing power will be upheld?

A

Taxes will generally be upheld if:
* They bear a reasonable relationship to revenue production
* Congress has the power to regulate the activity taxed

This ensures that taxation aligns with constitutional powers.

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13
Q

Under what conditions can Congress regulate intrastate activity?

A

Congress can regulate if:
* The activity is economic or commercial
* There is a rational basis for concluding it affects interstate commerce

Non-economic activities generally require a direct substantial effect on interstate commerce.

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14
Q

What powers does Congress have under the 13th, 14th, and 15th Amendments?

A

Each Amendment authorizes Congress to pass ‘appropriate legislation’ to enforce civil rights guaranteed by those Amendments.

These include protections against slavery, equal protection, and voting rights.

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15
Q

What powers does the President have regarding domestic affairs?

A

The President can:
* Reprieve or pardon federal offenses
* Appoint officers with Senate consent
* Remove appointees without cause
* Veto bills presented by Congress

These powers are essential for the functioning of the executive branch.

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16
Q

What is the procedure for the President to act on a bill?

A

Upon presentment, the President has 10 days to act:
* Sign the bill to become law
* Do nothing for it to become law if Congress is in session
* Veto the bill, which can be overridden by Congress

The line item veto is not permitted.

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17
Q

What are the President’s foreign powers?

A

The President’s foreign powers include:
* Commander in Chief of the military
* Negotiating treaties (requires Senate approval)
* Entering into executive agreements without Senate approval

These powers are crucial for managing foreign relations.

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18
Q

What is the Supremacy Clause?

A

The Supremacy Clause states that federal law is the ‘supreme law of the land.’ Any conflicting state law is void.

This clause establishes the hierarchy of laws in the U.S.

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19
Q

What does the Supremacy Clause state?

A

Federal law is the ‘supreme law of the land.’ Any state law that conflicts with federal law is void.

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20
Q

What is Express Preemption?

A

Federal law expressly preempts state law when:
* The Constitution makes the federal power exclusive
* Congress has enacted legislation that explicitly prohibits state regulation in the same area.

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21
Q

What is Implied Preemption?

A

Federal law implicitly preempts state law when:
* Congress intended for federal law to occupy the entire field
* The state law directly conflicts with federal law
* The state law indirectly conflicts with federal law.

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22
Q

What is the State Action Requirement?

A

The Constitution protects against wrongful conduct by the government, not private parties, requiring state action to trigger constitutional protections.

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23
Q

What does the Due Process Clause guarantee?

A

No person shall be denied life, liberty, or property without due process of law.

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24
Q

What is meant by ‘liberty’ under Due Process?

A

‘Liberty’ includes:
* Freedom from bodily restraints
* The right to contract
* The right to engage in gainful employment.

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25
What is the three-part balancing test for procedural due process?
The test weighs: * The importance of the individual’s interest * The value of specific procedural safeguards * The government interest in fiscal and administrative efficiency.
26
What standard of review applies to governmental regulations infringing fundamental rights?
Strict scrutiny standard applies.
27
What must the government prove under strict scrutiny?
The regulation is the least restrictive means to achieve a compelling government interest.
28
What are some fundamental rights recognized by substantive due process?
Fundamental rights include: * The right to interstate travel * The right to vote * The right to privacy (including marriage, contraception, etc.).
29
What does the Equal Protection Clause prohibit?
It prohibits the government from denying citizens equal protection of the laws.
30
What is the standard applied for suspect classifications?
Strict scrutiny standard applies.
31
What is a quasi-suspect classification?
Classifications based on gender or legitimacy, subject to intermediate scrutiny.
32
What must be shown for strict or intermediate scrutiny to apply?
There MUST be intent on the part of the government to discriminate.
33
What is the rational basis standard?
The challenger must prove that the regulation is NOT rationally related to any legitimate government interest.
34
What is the Takings Clause?
It allows the government to take private property for public use with just compensation.
35
What must be proven to challenge a taking as not for public use?
The challenger must prove that the transfer of property is NOT rationally related to any conceivable public purpose.
36
What is a regulatory taking?
A governmental regulation that adversely affects a person’s property interest may constitute a taking requiring just compensation.
37
What are the Penn Central factors for determining regulatory takings?
Factors include: * The economic impact on the property owner * The extent of interference with reasonable investment-backed expectations * The character of the regulation.
38
What is the Privileges and Immunities Clause?
It prohibits one state from discriminating against the citizens of another state regarding fundamental rights.
39
What does the Contracts Clause limit?
It limits states' ability to enact laws that retroactively impair contract rights.
40
What is an ex post facto law?
A law that retroactively alters criminal offenses or punishments in a prejudicial manner.
41
What are bills of attainder?
Legislative acts that inflict punishment on individuals without a judicial trial.
42
What does the freedom to speak include?
The freedom not to speak, including the government cannot require people to salute the flag.
43
What is the Overbreadth Doctrine?
A regulation that punishes a substantial amount of protected speech is facially invalid.
44
What is a prior restraint?
A regulation of speech that occurs before its expression, generally presumed to be unconstitutional.
45
What are Content-Based Restrictions?
Regulations forbidding communication of specific ideas, presumptively unconstitutional unless falling under certain exceptions.
46
What are Time, Place, and Manner Restrictions?
Regulations that govern the conduct associated with speech, subject to specific criteria depending on the forum.
47
What are Conduct-Based Restrictions?
Regulations related to speech that can be enforced based on time, place, and manner ## Footnote These restrictions must be content-neutral.
48
Define a Public Forum.
Public property historically open to speech-related activity, such as streets and parks ## Footnote Examples include sidewalks and public parks.
49
What is a Designated Public Forum?
Public property not historically open for speech but opened by the government for such activities ## Footnote Example: schoolrooms for after-school use.
50
List the three criteria for regulating speech in Public and Designated Public Forums.
* Content-neutral * Narrowly tailored to serve an important government interest * Leave open alternative channels of communication
51
What is a Limited Public Forum?
Government property opened for specific speech activity, not historically linked with speech ## Footnote Example: a school gym opened for a community debate.
52
Define a Nonpublic Forum.
Government property not historically linked with speech and not opened for specific speech activity ## Footnote Examples include military bases and government workplaces.
53
What are the two criteria for regulating speech in Limited Public and Nonpublic Forums?
* Viewpoint neutral * Reasonably related to a legitimate government purpose
54
What constitutes Unprotected Speech?
Speech categories that can be restricted to achieve a compelling government interest, including: * Inciting imminent lawless action * Fighting words * Obscenity * Defamatory speech * Some commercial speech
55
What must be shown for speech to be restricted due to Inciting Imminent Lawless Action?
* Imminent illegal conduct is likely * The speaker intended to cause it
56
What are Fighting Words?
Personally abusive words likely to incite immediate physical retaliation ## Footnote Merely insulting or annoying words do not qualify.
57
Is true threats protected by the 1st Amendment?
No, true threats are not protected ## Footnote Example: cross-burning intended to intimidate.
58
What characterizes Obscene Speech?
Speech that: * Appeals to prurient interest in sex * Is patently offensive * Lacks serious value
59
What are the criteria for Commercial Speech to be protected under the 1st Amendment?
Commercial speech is protected if it is truthful, but restrictions apply if it: * Proposes unlawful activity * Is false, misleading, or fraudulent
60
What is the standard for regulating truthful advertising of lawful products?
Complete bans are unlikely to be upheld due to lack of narrow tailoring ## Footnote Regulations must serve a substantial government interest.
61
What does Freedom of Association protect?
The right to form or participate in groups without government interference ## Footnote The government can infringe upon this right if strict scrutiny is satisfied.
62
Under what conditions can a person be punished for association in public employment?
* Active member of a subversive organization * Knowledge of illegal activity * Specific intent to further those objectives
63
What does the Free Exercise Clause prohibit?
The government from punishing or interfering with religious beliefs and practices ## Footnote Examples include prohibiting religious oaths for office holders.
64
What is the Lemon Test?
A test for Establishment Clause challenges that requires: * Secular purpose * Primary effect neither advancing nor inhibiting religion * No excessive government entanglement with religion
65
What is the Establishment Clause's requirement regarding government action?
Government action must have a secular purpose, not advance or inhibit religion, and avoid excessive entanglement ## Footnote This is assessed through the Lemon Test and other neutrality standards.

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