rule statements Flashcards

Question

unfettered discretion

Answer 1

if permitting or licensing process allows govt officials to regulate or restrict speech, then officials cannot have unfettered discretion need definite standards

Answer 2

content-based restrictions: -narrowly tailored -necessary to achieve govt interest -compelling govt interest content-neutral, time/place/manner: -narrowly tailored -significant government interest -leave open ample alternative channels for communications

Answer 3

-regulation must be viewpoint neutral (can be content based) -reasonably related to -legit govt interest

Answer 4

not protected if false/misleading protected otherwise, regulations must be: -govt interest is substantial -regulation directly advances interest -narrowly tailored

Answer 5

-appeal to prurient interest -depict sexual content in patently offensive way -lack serious literary, artistic, political, scientific value (LAPS)

Answer 6

facially religious preference: religion over another, religion over nonreligion --> strict scrutiny no facially religious preference: impact of favoring religion -long standing practice, historical practices and understanding -strict scrutiny

Answer 7

religion: can assess genuineness belief: absolutely protected, can only assess if genuine conduct: intentionally targeting religious conduct. then strict scrutiny neutral: rational basis

Answer 8

nonconforming use may continue until (1) the owner enlarges, changes, or abandons that use or (2) if provided in the zoning law, an amortization period has passed or the use has not been registered.

Answer 9

a showing of a unique hardship by the owner and it is not contrary to the public welfare or it doesn't deviate from zoning plan The hardship must arise from the characteristics of the property itself (such as the size, shape, location, topography, or surroundings), not the financial circumstances of the owner, and the owner may not have created the need for the variance. hardship not created by owner unusual situation?

Answer 10

when a local government conditions the issuance of a building or construction permit on a landowner's promise to dedicate part of the property for public use, the government must show: (1) an essential nexus between the imposed condition and a legitimate government interest and (2) a rough proportionality between the condition's impact on the landowner and the proposed development's impact on the community.

Answer 11

For a person to challenge a governmental action as an unconstitutional taking, the person must have a property interest. Property interest is liberally construed but typically must be vested examples: 1) A property owner who applies for a building permit under the existing regulations is entitled to consideration under that ordinance according to the vested rights doctrine 2) allows projects to be completed in accordance with land use plans and regulations in effect when the projects were approved.

Answer 12

Article III grants Congress the power to regulate and make exceptions to SCOTUS's appellate jurisdiction. But when exercising this almost unlimited power, Congress cannot violate: the separation-of-powers doctrine—usurping judicial power to decide cases other constitutional provisions—eg, giving only men the right to appeal, in violation of the equal protection component of the Fifth Amendment.

Answer 13

Article IV, Section 3 gives Congress the “power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States.”

Answer 14

Under the contracts clause, state laws that substantially impair existing private contracts are valid if the impairment is (1) reasonable and narrowly tailored (2) to achieve an important state interest

Answer 15

To determine if Congress can regulate, consider whether: activity is economic in nature (then substantial effect presumed) jurisdictional element limits reach to activities with direct connection to interstate commerce express congressional findings that activity substantially affects interstate commerce and strong link between activity & effect on interstate commerce

Answer 16

A federal officer is someone who (1) holds a continuing public office and (2) has significant discretionary authority to administer or enforce laws. Principal federal officers are supervised solely by the President and must be appointed by the President, with the Senate's advice and consent.

Answer 17

Cumulative zoning: The traditional approach in which residential use is permitted everywhere, commercial use is restricted to some areas, and industrial use is allowed in the fewest areas. o Mutually exclusive zoning: Some jurisdictions have developed an approach where only one type of use is permitted by zone.

Answer 18

SCOTUS can't review if AISG but can review to determine if there is an AISG

Answer 19

A congressional committee seeking the President's personal information must provide detailed evidence that a subpoena (1) is necessary to obtain the information, (2) is limited in scope to a valid legislative purpose, and (3) does not unduly burden the President's time and attention.

Answer 20

While reasonable residency restrictions may be imposed on the receipt of some governmental benefits, durational residency requirements burden the right to interstate travel when they deny basic necessities of life to newcomers of the state

Answer 21

Although Congress, acting pursuant its Article I powers, generally cannot abrogate state immunity, the Bankruptcy Clause gives Congress the power to subject states to its provisions.

Answer 22

When a public employee can only be fired for cause, procedural due process generally requires that the employee receive (1) notice of any alleged misconduct, (2) a pre-termination hearing to respond to the allegation, and (3) a post-termination evidentiary hearing to determine if the dismissal was warranted.

Answer 23

Origination Clause of Article I, Section 7 requires that a bill for raising revenue originate in the House, rather than the Senate.

Answer 24

The Presentment Clause requires any bill that has been passed by Congress to be presented to the President. line item vetoes

Answer 25

EOs: can do so within scope of presidential power Domestic affairs: appointment/removal powers, pardon power, commander in chief power, duty to execute the law Foreign affairs: power to conduct foreign negotiations, to deploy troops overseas, executive agreements by himself

Answer 26

Less protections: C FIDO: Commercial Speech, Fighting words/threats, Inciting crime, Defamation, Obscenity

Answer 27

The Elections Clause of Art. I explicitly empowers Congress to override state laws concerning federal elections. This express provision makes irrelevant general principles of federalism embodied in the “commandeering” cases

Answer 28

The following implied causes of action permit the recovery of damages against a federal official: (1) a Fourth Amendment claim for unlawful search and seizure, (2) a Fifth Amendment claim for sex-based employment discrimination, and (3) an Eighth Amendment claim for failure to provide medical treatment.

Answer 29

The First Amendment protects political speech, including campaign contributions and expenditures. A government restriction on campaign expenditures is unconstitutional unless the government satisfies strict scrutiny by showing that the restriction is the least restrictive means to serve a compelling government interest. ex: support/opposition of candidate or candidate for themselves contributions --> intermediate scrutiny direct $ to candidates

Answer 30

“All cases affecting ambassadors, other public ministers and consuls and those in which a State shall be a party

Answer 31

1. Provide for the national defense—in both wartime and peacetime (e.g., military draft and selective service) 2. Military courts and tribunals—to try enemy soldiers, enemy civilians, and current members of the U.S. armed forces; no jurisdiction over U.S. civilians; not all constitutional protections apply (e.g., right to jury trial or grand jury indictment) 3. National guard—power to authorize the president to call National Guard units to execute federal laws, suppress insurrections, and repel invasions; constitutional authority extends to use of National Guard units in domestic situations and non-emergency circumstances (but limited by statute)

Answer 32

act within 10 days or becomes law unless congress not in session --> pocket veto

Answer 33

prohibit a sitting president from receiving a change in compensation or receiving compensation from state, federal, or foreign governments

Answer 34

he president has the exclusive power to negotiate treaties; a treaty may only be ratified by approval of two-thirds vote of Senators present

Answer 35

the House of Representatives may impeach (i.e., bring charges) by a majority vote; the Senate tries the impeached official (two-thirds vote is necessary for conviction)

Answer 36

o The president may not be sued for civil damages with regard to any acts performed as part of the president’s official responsibilities o Civil action—no immunity from a civil action based on conduct alleged to have occurred before the president took office or completely unrelated to carrying out his job; the president may be subject to such a suit even while in office o Criminal proceedings—no immunity from compliance with a subpoena in federal or state proceedings o Congressional subpoena—executive privilege when the subpoena regards official duties; when the subpoena involves personal matters it is at the court’s discretion and subject to restrictions

Answer 37

Substantial nexus—between the activity being taxed and the taxing state; o Fair apportionment—such that interstate commerce does not pay total taxes greater than local commerce; o Nondiscrimination—no direct commercial advantage to local businesses over interstate competitors (even if neutral on its face); and o Fair relationship—the tax must be fairly related to the services provided by the taxing state.

Answer 38

must honor outside ct judgments if * The court rendering judgment had jurisdiction over the parties and subject matter; * The judgment was on the merits; and * The judgment was final.

Answer 39

1. Prohibits state discrimination against nonresident citizens—applies only to “citizens” (i.e., not corporations or noncitizens) 2. Rights protected—prohibits one state from discriminating against citizens of another state with respect to fundamental rights or essential activities (e.g., pursuit of employment, transfer of property, access to state courts)

Answer 40

Bills of attainder—a legislative act that declares a person or group of persons guilty of some crime and punishes them without a trial; applies only to criminal or penal measures Ex post facto laws—(i) criminalizes an act that was not a crime when it was originally committed; (ii) authorizes a more severe penalty after an act was committed; (iii) deprives D of a defense available when the act was committed; or (iv) decreases the prosecution’s burden of proof below that required when the act was committed

Answer 41

* The First Amendment protects not only freedom of speech, but also the freedom not to speak * However, a state can compel a private entity (e.g., a shopping mall) to permit individuals to exercise their own free-speech rights when the private entity is open to the public and the message is not likely to be attributable to the private entity * Although one may be compelled to join or financially support a group with respect to one’s employment, one cannot be forced to fund political speech by that group

Answer 42

1. General considerations—regulation of the right to publish about matters of public concern is subject to strict scrutiny * Gag orders—subject to prior-restraint analysis; rarely upheld * Attending trials—the right to attend trials may be outweighed if the judge finds an overriding interest that cannot be accommodated by less restrictive means * Illegally obtained private info—permitted to publish if third party (unknown to publisher) obtained info and involves matter of public concern * No constitutional privilege to protect sources 2. Broadcast * Radio and television broadcasters are said to have a greater responsibility to the public; they can be more closely regulated than print and other media * Broadcasters may be sanctioned for airing “patently offensive sexual and excretory speech,” even if such speech does not qualify as obscene * Public access stations are not considered to be state actors 3. Cable television—content-based regulations of cable broadcasters are subject to strict scrutiny 4. Internet—any regulation of Internet content is subject to strict scrutiny

rule statements Flashcards

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