Constitutional Law

Question 1

What type of speech restriction requires strict scrutiny?

Answer 1

Content-based restriction

Viewpoint-based restrictions also require strict scrutiny unless exempted.

Question 2

What is symbolic speech?

Answer 2

Regulating conduct that places an incidental burden on speech, allowable if narrowly tailored to an important governmental interest

Example includes laws regulating nudity.

Question 3

What are the two types of public forums?

Answer 3

• Traditional public forum (e.g., streets, sidewalks, parks)
• Designated or limited public forum (e.g., schools with after-school clubs)

Private forums include military bases, airports, and prisons.

Question 4

What must a regulation in a public forum demonstrate?

Answer 4

Must be viewpoint neutral and have a reasonable relation to a legitimate government interest

Question 5

What is prior restraint?

Answer 5

When the government prevents speech before it is communicated; strict scrutiny applies

Laws that impose prior restraint are usually struck down.

Question 6

What does overbreadth mean in the context of law?

Answer 6

A law is unconstitutional if it prohibits substantially more expression than necessary

Question 7

What defines vagueness in a statute?

Answer 7

A statute is vague if a reasonable person cannot tell what speech is prohibited or allowed

Question 8

What does the Establishment Clause require?

Answer 8

Laws must be neutral; favoring one religion over another triggers strict scrutiny

Question 9

What is absolutely protected under the Free Exercise Clause?

Answer 9

Beliefs are absolutely protected; conduct is not

Neutral laws of general applicability are permissible.

Question 10

What rights does the freedom of the press encompass?

Answer 10

The right to publish true information on public concern; no greater freedom than others

Question 11

What is the focus of procedural due process?

Answer 11

The right being burdened must not deprive someone of life, liberty, or property without notice and opportunity to be heard

Question 12

What is the burden of proof for substantive due process regarding fundamental rights?

Answer 12

The government must show the law is necessary for a compelling interest

Question 13

Under what standard does rational basis scrutiny operate?

Answer 13

The plaintiff must show the law is not rationally related to a legitimate government interest

Question 14

What is the Equal Protection Clause’s focus?

Answer 14

The class being discriminated against

Question 15

What is required for strict scrutiny under the Equal Protection Clause?

Answer 15

The government must show the law is necessary for a compelling government interest

Question 16

What classification is subject to intermediate scrutiny?

Answer 16

Gender and illegitimacy

The burden is on the government to show substantial relation to an important interest.

Question 17

What does the Contracts Clause prohibit?

Answer 17

States may not pass legislation that substantially impairs preexisting contracts unless serving an important public interest

Question 18

What are ex post facto laws?

Answer 18

Laws that retroactively alter criminal law in a prejudicial manner for punishment

Question 19

What is a bill of attainder?

Answer 19

Legislation that specifically identifies people to be punished without a judicial trial

Question 20

What is meant by unconstitutional conditions?

Answer 20

The government cannot condition receipt of a benefit on waiving a constitutionally protected right

Question 21

What constitutes a taking under the Takings Clause?

Answer 21

Taking private property for public use without just compensation; can be physical or regulatory

Question 22

What is the state action requirement?

Answer 22

Plaintiffs must show state action when suing under the First, Fourteenth, or Fifteenth Amendments

Question 23

What types of cases can federal courts hear?

Answer 23

Federal courts can hear cases based on a federal question, diversity cases, and admiralty and maritime cases.

Question 24

What are the three criteria needed for an individual to have standing in a lawsuit?

Answer 24

An individual needs an injury in fact, causation, and redressability.

Question 25

What must a case be in order for a court to render a decision?

Answer 25

The case must be ripe and cannot be moot.

Question 26

What does it mean for an organization to have standing?

Answer 26

An organization must show that a member has standing, the member's injury is related to the organization's purpose, and individual members are not required to participate in the lawsuit.

Question 27

What are adequate and independent state grounds?

Answer 27

The Supreme Court can review cases from state courts if they involve federal law, are final judgments from the highest state court, and have no adequate and independent nonfederal grounds.

Question 28

What is a political question that federal courts will not hear?

Answer 28

Federal courts will not hear political questions given to another branch of government by the Constitution.

Question 29

When should federal courts not enjoin pending state court proceedings?

Answer 29

Federal courts should not enjoin pending state court proceedings unless the case is brought in bad faith or for harassment purposes.

Question 30

What does the Eleventh Amendment state about suing states?

Answer 30

A private individual cannot sue a state for money damages in federal court.

Question 31

What type of jurisdiction does the Supreme Court have over cases between states?

Answer 31

The Supreme Court has original and exclusive jurisdiction for cases between states.

Question 32

What is necessary for Congress to pass a law?

Answer 32

Congress needs bicameralism (approval by both houses) and presentment (approval by the president).

Question 33

What is the Necessary and Proper power?

Answer 33

It must be combined with another power to be exercised.

Question 34

What powers does Congress have related to taxation?

Answer 34

Congress may tax and spend for the general welfare, but cannot act for the general welfare.

Question 35

What is the scope of Congress's commerce power?

Answer 35

Congress can regulate anything economic and anything noneconomic that substantially affects interstate commerce.

Question 36

What does Congress's enforcement power relate to?

Answer 36

It relates to enacting legislation that is congruent and proportional to the Thirteenth, Fourteenth, and Fifteenth Amendments.

Question 37

What are some other powers of Congress?

Answer 37

* Admiralty and maritime power * Property power * Investigatory power * Postal power * Copyright and patent power * Power to coin money * Power to impeach * Power to delegate powers

Question 38

What is a legislative veto and why is it unconstitutional?

Answer 38

A legislative veto occurs when Congress tries to overturn action by the executive branch without bicameralism and presentment.

Question 39

What is the President's veto power?

Answer 39

The President can veto a law, but this can be overridden by a 2/3 majority vote by Congress.

Question 40

What power does the President have regarding appointments?

Answer 40

The President can appoint federal judges, ambassadors, and principal officers with the advice and consent of the Senate.

Question 41

What is the President's power related to pardons?

Answer 41

The President may grant pardons for federal crimes.

Question 42

What is the President's role in war powers?

Answer 42

The President can respond to attacks or emergency situations, but cannot declare war.

Question 43

What is the President's power in foreign affairs?

Answer 43

The President has broad foreign affairs powers.

Question 44

What is required for the President to enter into treaties?

Answer 44

Treaties require 2/3 Senate approval.

Question 45

What is the Full Faith and Credit Clause?

Answer 45

States must enforce judgments of other states if the court that rendered the judgment had jurisdiction and the judgment was a final judgment on the merits.

Question 46

What does the Tenth Amendment state regarding powers not given to the federal government?

Answer 46

Any powers not given to the federal government are reserved for the states.

Question 47

What does the Article IV Privileges and Immunities Clause prohibit?

Answer 47

States may not discriminate against out-of-state citizens with respect to fundamental rights without substantial justification.

Question 48

What are the two types of discrimination under the Dormant Commerce Clause?

Answer 48

* Laws that expressly discriminate for in-state commerce * Laws that discriminate against interstate commerce under the guise of promoting health, safety, or welfare

Question 49

What test is used for non-discriminatory laws that burden commerce?

Answer 49

A balancing test weighing the effects of the law on interstate commerce against the state's interest served by the law.

Question 50

What is an exception where a state can discriminate against commerce?

Answer 50

When the state acts as a market participant.