Constitutional Law Flashcards
to pass C muster under 1st A, a statute or ordinance that burdens speech based on its content generally must be
necessary to serve a compelling state interest
level of scrutiny applied to non-content based regulations of the conduct related to speech
intermediate standard
to be valid, a time, place, and manner regulation of a limited public forum must be
viewpoint neutral and rationally related to a legitimate government purpose
if a regulation of speech is found to be over broad, but judged in relation to its plainly legitimate sweep it does not prohibit a substantial amount of protected speech, may it be enforced
yes, but only against persons engaging in activities that are not C protected
commercial speech under 1st A
- protected
- but if false or misleading NOT protected
- can be regulated if the regulation serves a substantial government interest, directly advances that interest and is narrowly tailored to serve that interest
unprotected speech
- fighting words
- speech creating a clear and present danger of imminent lawless action
- obscenity
under the clear and present danger test, speech may be sanctioned whenever it
is directed to producing or inciting imminent lawless action and is likely to produce such action
deprivations of liberty under the DPC
- person loses significant freedom of action
- person denied freedom provided by C or statute
- gov acts that cause denial of right to engage in gainful employment, loss of a freedom provided by C or denial of the right to vote
for DPC purposes, a person will be deemed to have a property interest in continuation of a gov benefit if the person has
a legitimate claim or entitlement to the benefit
factors the court considers when determining the procedures required under DPC when a person faces deprivation of a protected benefit
- the importance of the individual interest
- value of specific safeguards to that interest
- government’s interest in efficiency
what standard of review is usually applied when a law involving a fundamental right is challenged
strict scrutiny and the gov has burden of proving the law is necessary
when gov classification intentionally discriminates on the basis of gender or legitimacy, the classification will be found unC unless the gov can prove the classification is at the least
substantially related to an important gov purpose
if gov action is challenged under the DPC or EPC and no fundamental right or suspect classification is involved, the law will be upheld unless…
it is arbitrary or irrational (rational basis standard)
required for federal court jurisdiction
- real, live controversy
- harm or an immediate threat of harm
- concrete stake in the outcome
for P to have standing to bring an action in federal court, what is required
injury in fact, causation, redressability
the SC can review a decision from the highest court in a state if
the state court decision turns on federal grounds
federal courts have judicial power over cases and controversies involving…
- a case arising under the C, laws, or treaties of the US
- case between citizens of different states
- case in which the US is a party
federal taxes must be ____ among the states
uniform
congress may spend to achieve any public purpose that does not…
violate the C
congress’s commerce power extends to…
intrastate activity that is economic and has a substantial effect on ISC
take care clause
provides the president shall take care that the laws be faithfully executed
the president lacks the power to declare war but may…
unilaterally commit troops in actual hostilities
in determining whether gov action is valid under the establishment clause, courts will usually consider whether…
- action has a secular purpose
- the action has a primary effect that neither advances nor inhibits religtion
- the action does not produce excessive gov entanglement with religion
the free exercise clause prohibits the courts from…
- assessing the veracity of a particular religion’s belief
- BUT a court may assess the sincerity of a person’s religious beliefs when relevant to a particular case
