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Flashcards in Constitutional law Deck (41)
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When will speech w/ a profit motive (TV commercial) be given 1st amendment protection?

If the regulation is narrowly tailored to protect a substantial state interest


What types of immunity are granted to a state via the 11th ammendment?

Immunity from suits in federal court by a citizen of the state when citizen seeks damages


What 2 types of immunity are NOT granted to a state via the 11th ammendment?

1. suits for injunctive relief
2. suits against state officials in their individual capacity


What is the political question doctrine?

fed cts will not hear case involving political questions because they should be solved by another branch of government (ex. challenge to president's conduct on foreign policy)


What aspects to campaign funding can and cant be limited by government?

campaign expenses cannot be limited

Campaign contributions can
-exception: corporate expenditures may be limited


What 2 types of suits against federal officers are allowed?

1. suits for injunctive relief
2. suites for $ damages where officer pays from their own funds (not the state treasury)


What are the 3 exceptions to the sovereign immunity doctrine?

1. state voluntarily waives the immunity
2. a 14th amendment equal protection suit brought against the state (state may be sued in Fed. court)
3. federal government vs. state government (allowed)


What are the 3 levels of scrutiny used by USSC?

1. rational basis
2. intermediate
3. strict


What is rational basis scrutiny?

rationally related to legit government interest


What is intermediate scrutiny?

substantially related to important government purpose


What is strict scrutiny?

necessary to achieve a compelling government purpose


In what 2 instances will a non-discriminatory regulation of interstate commerce by a state be valid? (commerce)

1. when the burden the regulation places on commerce doesnt outweigh the states interest
2. and there are no less restrictive alternatives (balancing test)


Under what 2 conditions may government "take" property?

1. when the taking is for public use (broad)
2. and just compensation is given (fair market value based on owner)
- taking could be based on effect of regulation/ substantial de-valuing of property


What 3 things must government prove to punish a person for membership of group carrying out illegal activities?

1. active affiliation with the group by the person
2. person's knowledge of groups illegal activities
3. person's specific intent to further group's illegal activities


What 4 exceptions allow a D to be tried twice for same crime?

1. jury unable to agree on a verdict
2. mistrial
3. re-trial after successful appeal
4. D's breach of agreed plea bargain


What are ex post facto laws?

laws that retroactively change the legal consequences of acts committed prior to their enactment (unconstitutional)


What level of scrutiny is applied to cases involving right of assembly?



What 5 areas may congress regulate under commerce clause?

1. channels of commerce
2. instruments (ex. trucks, internet, people)
3. activities that have substantial effect on commerce (ex personal wheat growing)
4. dormant commerce clause
5. taxation of commerce


What happens of a state-tax discriminates against interstate commerce?

it will be held invalid


What 3 step test must a non-discriminate state tax that affects interstate commerce pass?

1. substantial nexus
2. fair apportionment
3. fair relationship to services/ benefits provided by state


What 3 part test must a government regulation pass when attempting to regulate speech in a public forum?

1. regulation must be neutral in terms of subject matter & viewpoint
2. narrowly tailored to serve important govt interest (intermediate)
3. and leave open alternative channels of speech
-ex: streets, sidewalks, parks, school rooms


What is the general rule regarding regulation of speech? (content v. conduct)

Generally, regulations of content are less likely to be upheld then regulations of conduct. Law gives time, place. and manner regulations.


When will a discriminatory regulation of interstate commerce by a state be valid?

1. if the regulation furthers an important state interest
2. and no reasonable non-discriminatory alternatives exist


What are the 3 exceptions to the mootness ban?

1. wrong capable of repetition -- may be moot currently but could be valid in the future (ex abortion, elections)
2. D voluntarily ceases activity (ex: settlement)
3. class action suits (will proceed even if moot for 1 named P)


What level of scrutiny is applied to requirements limiting campaign contributions?



What makes a claim ripe?

There is an imminent threat of harm


How will a court determine what types of procedures are sufficient under procedural due process?

the court uses a balancing test that weighs the importance of a given interest to an individual & the ability of additional procedures to increase the accuracy of fact finding against the govt's interests in administrative efficiency.


What 7 fundamental rights does the 14th amend due process clause protect w/ strict scrutiny review?

1. right to marry
2. right to procreate/ use contraceptives
3. right to custody of your children
4. right to raise family together
5. right to raise children
6. right to an abortion
7. right to refuse medical treatment


What 4 part test is used to determine if a trial is speedy under 6th amendment?

1. length of delay (over 1 yr bad)
2. reason for delay (cant be unreasonable/ to gain undue advantage)
3. time & manner D asserted her right to extend/delay proceedings (did D use right to purposely delay the process)
4. degree of prejudice to D


Under the 14th amendment E P clause, what 2 things must a challenger show if a law is facially- neutral?

1. discriminatory impact (application)
2. AND discriminatory intent (motive- hard to show)