Constitutional Law - Review for Bar Exam MBE & MEE (Essay) Flashcards Quizlet PDF

Preview

Summary

flashcards...

Description

5/6/2021

Constitutional Law - Review for Bar Exam MBE & MEE (Essay) Flashcards | Quizlet

- Review for Bar Exam MBE & MEE (Essay)

Study

Constitutional Law - Review for Bar Exam MBE & MEE (Essay) Terms in this set (83) Con Law A1.

the plaintiff has not been harmed and there is no immediate

A case is not "ripe" for filing in federal

threat of harm

court if __________.

Con Law A2.

an issue is committed to another branch of the federal

A political question exists when __________.

government

Con Law A3.

Adequate and Independent state grounds support the state

The Supreme Court will refuse to hear a

court decision

case from a state's highest court if __________.

Con Law A4.

eliminate specific avenues of Supr

Article III, Section 2 establishes the Supreme Court's appellate jurisdiction but also provides that Congress may regulate and make exceptions to this appellate jurisdiction. Pursuant to Article III, Section 2, Congress has the power to __________.

Con Law A5.

a 3-judge federal district court panel's denial of a claim for

The Supreme Court has mandatory

injunctive relief

appellate jurisdiction in what type of case?

h

3

5/6/2021

Constitutional Law - Review for Bar Exam MBE & MEE (Essay) Flashcards | Quizlet

Constitutional Law - Review for Bar Exam MBE & MEE (Essay)

Study

court from hearing a claim for damages against a state government if __________.

Con Law A7.

1. Injury in Fact

For a plaintiff to have standing to bring

2. Causation

an action in federal court, the following

3. Redressability

are all required:

Con Law A8.

no.

Will an action against a state official seeking prospective injunctive relief be barred by the 11th Amendment?

an organization has standing if: Con Law A9. Elements of Organizational Standing?

1. there is an injury in fact to member that gives them standing to sue on their own behalf, 2. the injury is related to the organization's purpose, and 3. individual member participation in the lawsuit is not required.

Con Law 10.

the plaintiff herself has been injured and the plaintiff's injury

A plaintiff has standing to sue on behalf

adversely affects her relationship with third parties.

of third parties if _________________

Con Law A11.

the plaintiff herself has also been injured.

A plaintiff may sue on behalf of a third party who has difficulty asserting its rights, but only if:

Con Law A12.

Privileges & Immunities Clause of Article IV

What constitutional provision prevents states from discriminating against nonresident citizens in matters involving fundamental rights?

Upgrade to remove ads

h

Only $3.99/month

3

5/6/2021

Constitutional Law - Review for Bar Exam MBE & MEE (Essay) Flashcards | Quizlet

Constitutional Law - Review for Bar Exam MBE & MEE (Essay)

Study

suit against the state legislature for

1. State Governments must consent to being sued in federal court.

paying a salary to a state representative

2. Under the 11th Amendmenet federal cts are prohibited from

who is the leader of a religious cult

hearing a private persons claim against its own state or another if

claiming violation of the establishment

the state doesn't consent. Absent a federal law, States must

clause. The state legislature moves to

CONSENT to be sued.

dismiss. Should the court grant the legislature's motion?

Con LawA14.

Undue burden on Interstate Commerce

HYPOTHETICAL: State law requires truckers to use a certain tire when driving in that state. Why would the state law be unconstitutional?

Con Law A15.

1. unconstitutional

Commercial Speech Regulation:

2. reasonable.

A total ban on truthful advertising is __, but restrictions on advertising are okay so long as they are __.

Con Law A16.

Total ban on truthful advertising is unconstitutional.

What type of regulation of commercial speech is clearly unconstitutional?

Con Law A17.

Privileges & Immunities Clause of Article IV.

When a state or municipality

1. look for State disc rim against out-of state citizens as to right to

discriminates in favor of resident citizens

work (employment) or right to travel.

against non-resident (out-of state)

2. this doesn't apply to discrim of non-resident aliens. for this SS

citizens on matters of commerce and

under the EP of the 14th Amend.

civil rights, which clause is violated?

h

Con Law A18.

NO.

private organization infringement of

1. 14th Amend "Equal Protection Clause does NOT apply to

individual rights. Does the Equal

private infringement of individual rights.

Protection clause apply?

2. There must be significant state action which rarely ever shown.

3

5/6/2021

Constitutional Law - Review for Bar Exam MBE & MEE (Essay) Flashcards | Quizlet

Constitutional Law - Review for Bar Exam MBE & MEE (Essay) that discriminates against resident aliens.

Study

areas of: jury, public teachers, police, voting.

What is the exception that applies rational basis to state classifications based on alienage?

Con Law A20.

Equal Protection clause of 14th Amendment.

when you see a state law treating similarly situated people differently what constitutional principle is triggered?

Con Law A21.

1. National Origin,

State law discrim on NORA must pass

2. Race,

strict scrutiny.

3. Alienage

The acronym NORA means what?

Con Law A22.

1. Strict Scrutiny.

What standard applies to state discrim

2. State must show necessary to further COMPELLING state

based on National Origin, Race, or

interest.

Alienage?

Upgrade to remove ads

Only $3.99/month

Con Law A23.

1. Intermediate Scrutiny.

What standard applies to state discrim

2. State must show furthers IMPORTANT state interest

based on Sex (gender), Illegitimacy, or Children of undocumented immigrants?

Con Law A24.

1. Sex (gender)

State law discrim on SIC must pass strict

2. Illegitimacy

scrutiny.

3. Children of undocumented immigrants

The acronym SIC means what?

h

3

5/6/2021

Constitutional Law - Review for Bar Exam MBE & MEE (Essay) Flashcards | Quizlet

Constitutional Law - Review for Bar Exam MBE & MEE (Essay)

Study

age, wealth, disability, etc., what level of scrutiny applies?

Con Law A26.

rational

CongreSs' power to tax and spend is NOT plenary, there must be a __ basis.

Con Law A27.

Bill of attainder

Legislative punishment of a named individual w/out notice and a hearing violates what?

1. US Const Con Law A28.

2. Acts of Congress & Treatise

What is the hierarchy of laws?

3. Executive Orders & Executive Agreements 4. State Law

Con Law A29.

the most recent prevails.

Where an act of conger conflicts with a treaty, which prevails?

Con Law 30.

!. President:

Congress and the President have

.....a. direct troops where to go

concurrent control over the armed

.....b. commander-in-chief

forces.

2. Congress:

What powers solely belong to the

.....a. raise the militia

president?

.....b.declare war

What powers solely belong to congress?

Con Law A31.

(i) injury in fact;

What are the 'standing' requirements for

(ii) causation

federal court?

(iii) redressibility

Con Law A32.

limited federal police power for DC (as well as military bases and

Source of Congressional Power?

federal lands)

enact divorce laws for DC

h

3

5/6/2021

Constitutional Law - Review for Bar Exam MBE & MEE (Essay) Flashcards | Quizlet

Constitutional Law - Review for Bar Exam MBE & MEE (Essay)

Study

conditions aid to states for medical research on state funding of AIDS research

Con Law A34.

16th Amendment Taxing Power

Source of Congressional Power? federal income tax

Con Law A35.

13th Amendment

Source of Congressional Power? outlaw badges of slavery

Con Law A36.

Commerce clause

Source of Congressional Power? law requires all employers including state governments, to comply with fed minimum wage and overtime provisions

Con Law A37.

Property Power

Source of Congressional Power? law prohibits hunting on federal lands

Con Law A38.

Power to coin money

Source of Congressional Power? Congress adopts a tax to regulate banknotes rather than to raise revenue

Con Law A39.

Commerce Clause

Source of Congressional Power? Congress bars racial discrimination at places of local accommodation

Con Law A40.

Spending power & Commerce clause

Source of Congressional Power? Congress pays for highways

h

3

5/6/2021

Constitutional Law - Review for Bar Exam MBE & MEE (Essay) Flashcards | Quizlet

Constitutional Law - Review for Bar Exam MBE & MEE (Essay)

Study

public ministers and consuls, justices of the supreme court?

Con Law A42.

Congress

who may vest the appointment of inferior officers in the Pres only, the courts, or heads of departments?

Upgrade to remove ads

Only $3.99/month

Con Law A43.

enforcement

Congress may NOT appoint members of

NOTE: enforcement power = executive act

a commission with administrative or __ powers.

Con Law A44. congressional veto of executive actions INVALID

Con Law A45.

1. a leg veto is an attempt by Congress to overturn an executive agency action WITHOUT bicameralism. 2. Bicameralism? passage by both houses OR presentment of bill to prez

2/3

if the president vetoes an act by Congress, the act can still become law if the veto is overridden by __ vote of EACH house.

Con Law A46.

Prez pardon power cannot be limited by Congress

President cannot pardon impeachment or civil contempt.

Con Law A47.

Private

Congress may regulate or tax state and local governments so long as the law or tax applies to both the public sector and the __ sector. h

3

5/6/2021

Constitutional Law - Review for Bar Exam MBE & MEE (Essay) Flashcards | Quizlet

Constitutional Law - Review for Bar Exam MBE & MEE (Essay)

Study

IV: if state/local action denies an out-ofstate citizen important economic interests or civil liberties---the law is invalid unless:

Con Law A49.

outweighs legitimate local interests

a state/local action that does NOT discriminate may still be invalid if---the law burdens interstate commerce and the burden:

Con Law A50.

1. substantial nexus,

State taxes that do NOT discriminate

2. fair apportionment,

against interstate commerce (e.g., taxes

3. Fair relationship

out-of-sate business same as in-state business) will be valid if:

Con Law A51.

Are Valid.

Use taxes imposed on goods purchased

NOTE: if use tax is higher than sales tax invalid under commerce

out of state but used by buyer within the

clause

state [are] or [are not] valid.

Con Law A52.

exempt

commodities in interstate transit are

NOTE: interstate transit ends when goods reach destination-only

entirely __ from state taxation.

then are the goods subject to local tax

Con Law A53.

15th

federal or state government denial of a citizen the right to vote on account of race or color is invalid under the __ Amendment.

Con Law A54.

PRIVATE

under the broadly construed commerce power, Congress may prohibit __ racial discrimination in activities that might have a substantial effect on interstate commerce.

https://quizlet.com/24797405/constitutional-law-review-for-bar-exam-mbe-mee-essay-flash-cards/

8/13

5/6/2021

Constitutional Law - Review for Bar Exam MBE & MEE (Essay) Flashcards | Quizlet

Constitutional Law - Review for Bar Exam MBE & MEE (Essay) Symbolic Speech Regulation

Study

3. not less restrictive than necessary

permissible if: 1. important government interest, 2 .UNRELATED to suppression of ideas, and 3. Impact is not greater than necessary to achieve goal.

Con Law A56.

1. Substantial

Regulation of truthful and non-

2. Narrowly

misleading commercial speech: 1. __ interest, 2. __ tailored, and directly advance that interest

Con Law A57.

Viewpoint neutral & Rationally related

To be valid, a time, place, and manner regulation of a limited public forum must be __________.

Con Law A58.

Notice & Hearing

Procedural Due Process: What procedures are required before welfare benefits terminated?

Con Law A59.

POST-termination hearing

Procedural Due Process: What procedures are required for social security benefits to be terminated?

Con Law A60.

Notice of charges & Opportunity to explain

Procedural Due Process: What procedures are required for a public school to discipline a student?

Con Law A61.

Notice & Hearing

Procedural Due Process: What procedures are required before child custody terminated?

https://quizlet.com/24797405/constitutional-law-review-for-bar-exam-mbe-mee-essay-flash-cards/

9/13

5/6/2021

Constitutional Law - Review for Bar Exam MBE & MEE (Essay) Flashcards | Quizlet

Constitutional Law - Review for Bar Exam MBE & MEE (Essay)

Study

What procedures are required for American citizen held by government as enemy combatant?

Con Law A63.

jury instruction and judicial review

Procedural Due Process: What procedures are required before punitive damages can be awarded?

Con Law A64.

congruent

Laws enacted under the Enabling Clause of the Fourteenth Amendment must be ____ and proportional to preventing or remedying the violation in question.

Con Law A65.

STATE legislation

The Contract Clause applies only to

NOTE: prohibits a state from passing legislation that retroactively

__________.

impairs contract rights.

Con Law A66.

Due Process (substantive)

The idea that laws be reasonable and not arbitrary is the province of the [Due Process] or [Equal Protection] Clause.

Con Law A67.

14th Amendment - Privileges and Immunities Clause

The constitutional provision that states may not discriminate against residents of other states is within the province of the ____________.

Con Law A68. A ____ law which denies government benefits to an individual based on alienage is subject to strict scrutiny.

h

STATE NOTE: 1. Compare 2. Federal classifications based on alienage generally are tested under the 'Rational Basis Test.

3

5/6/2021

Constitutional Law - Review for Bar Exam MBE & MEE (Essay) Flashcards | Quizlet

Constitutional Law - Review for Bar Exam MBE & MEE (Essay)

Study

constitutionality in age-based equal protection cases?

Con Law A70.

NO; it is an invalid promotion of religion.

Is a voluntary moment of silent prayer or

NOTE: Violates the Establishment Clause regardless of whether

meditation at the beginning of the

the exercise is voluntary or silent.

schoolday valid?

Con Law A71.

narrowly tailored to serve a compelling government interest

A law or government program that contains a preference for one or some religious groups over others will be invalid unless __________.

Con Law A72.

when it's a COMPACT

When must an agreement between

NOTE: A compact increases the political power of the states at

states be approved by congress?

the expense of federal supremacy.

Con Law A73.

unreasonably burden

States may impose nondiscriminatory, indirect taxes on the federal government or its property as long as they do not ______________ the federal government.

Con Law A74.

narrowly

Courts construe express preemption clauses [narrowly] or [broadly]?

Con Law A75.

NO.

May a state require federal employees

NOTE: States may NOT regulate the federal government without

to have a valid driver's license to drive

the federal government's consent.

within the state while performing job duties?

h

3

5/6/2021

Constitutional Law - Review for Bar Exam MBE & MEE (Essay) Flashcards | Quizlet

Constitutional Law - Review for Bar Exam MBE & MEE (Essay) power to regulate interstate commerce

Study

substantially affects interstate commerce.

was found by the Supreme Court to extend to local activities that by themselves or in combination with other activities have a "substantial economic effect upon," or "effect on movement in," interstate commerce. Under the "substantial economic effect" test, may Congress regulate local economic or commercial local activities?

Con Law A77.

If Congress can factually show a substantial economic effect on

When will Congress's regulation of

interstate commerce

nonc...