Constitutional Law Rules Flashcards
(19 cards)
If a rule applies how you speak and not what you say… what level of scrutiny is being applied?
Intermediate scrutiny
The extent to which government may regulate speech-related conduct, including signs and writing, depends on the
__________________.
The extent to which government may regulate speech-related conduct, including signs and writing, depends on the forum.
Restriction of expression in public forums requires courts to apply an ________ scrutiny standard of review.
Restriction of expression in public forums requires courts to apply an intermediate scrutiny standard of review.
Under the intermediate scrutiny standard, a law will be upheld if it is: (i) content-_____________ (regarding both subject matter and viewpoint); (ii) ____________ tailored to serve an important governmental interest; and (iii) leaves open alternative avenues of ________________.
Under the intermediate scrutiny standard, a law will be upheld if it is: (i) content-neutral (regarding both subject matter and viewpoint); (ii) narrowly tailored to serve an important governmental interest; and (iii) leaves open alternative avenues of expression.
Content neutral restriction of expression must satisfy what level of scrutiny?
Intermediate scrutiny.
If the government must prove that a ordinance satisfies intermediate scrutiny, what is the government required to prove?
The ordinance is substantially related to further an important government interest & that is leaves open alternative channels of communication.
The fourteenth amendment only limits the power of states and ___________ ___________(s)
The Fourteenth Amendment only limits the power of states and state actors.
A baseball franchise can
only be a state actor if it performs some ______________ governmental function or if the government has become very involved in the ______________ of the franchise.
A baseball franchise can
only be a state actor if it performs some traditional governmental function or if the government has become very involved in the management of the franchise.
If a statute is content- based restriction, it is subject to ___________________ scrutiny.
If the statute is a content-based restriction, it is subject to strict judicial scrutiny.
Speech restrictions
rarely survive strict scrutiny; the government must prove that the restriction is _______________ to further a compelling government interest.
Speech restrictions
rarely survive strict scrutiny; the government must prove that the restriction is necessary to further a compelling government interest.
A law that infringes upon parents fundamental right to raise their children will trigger ____________ scrutiny.
A law infringes upon parents’ fundamental right to raise their children will triggers strict scrutiny
Strict scrutiny requires proof that the law is _______________ to further a ____________ state interest, which it cannot do here.
The state must prove that the law is necessary to further a compelling state interest.
To establish a violation of the Free Exercise Clause the challenger must show ______________ to ___________ religion by the _____________.
To establish a violation of the Free Exercise Clause, the challenger must show intent to target religion by the government.
In order for a federal court to hear a case or determine the merits of a suit plaintiffs bringing the suit must have ________ which is a imminent or actual injury.
In order to have standing, a party must have an imminent or actual injury.
States do not have _____________ authority to construct their tax system in any manner they choose.
States do not have plenary authority to construct their tax system in any manner they choose.
Where Congress has not regulated a subject, a state’s
regulation of local aspects of interstate commerce is valid if the regulation: (i) does not _______________ against out-of-state parties to benefit __________ economic interests; and (ii) is not unduly burdensome.
Where Congress has not regulated a subject, a state’s
regulation of local aspects of interstate commerce is valid if the regulation: (i) does not discriminate against out-ofstate parties to benefit local economic interests; and (ii) is not unduly burdensome.
a statute which prohibits the parking of automobiles manufactured outside of the
United States in any parking lot or parking structure that is owned or operated by the state or any of its
instrumentalities is in effect. What is the best constitutional challenge to this statute?
A restriction on owners of
foreign cars constitutes an undue burden on the congressional power to regulate foreign commerce.
