Constitutional Law MBE

Supremacy Clause

a local body may not regulate any part of the federal government. A federal agency's activities supersede any inconsistent local law. A city may not prohibit a federal function without the consent of Congress

Standing

P can show that they have suffered or may presently suffer a direct impairment with their own rights only if she can show:

(a) an injury in fact

(b) caused by the defendant

(c) that. will be remedied by a decision in her favor

Supreme Court Jurisdiction

Under Article III, the U.S. Supreme Court shall have original jurisdiction in cases involving ambassadors, ministers and consuls, and cases in which a state is a party.

What is not a taking?

If a regulation merely decreases the value of the property, it will not necessarily result in a taking as long as an economically viable use for the property remains.

Take Care Clause

requires the President to take care that the laws be faithfully executed.

Under the First Amendment, Speech generally cannot be regulated or punished unless

the regulation or punishment is necessary to achieve a compelling government interest

Ex Post Facto

Under Article I, Section 10 of the Constitution, states are prohibited from passing ex post facto laws. Ex post facto law punishes conduct that occured before the law became effective. It only applies to criminal or penal measures

If there is a federal question in a state court case, when will the Supreme Court not review it?

If there is an independent and adequate state ground for the state court’s decision.

Independent and Adequate

the same result would be reached even if the state court made a different decision on the federal question.

Bill of Attainder

Under Article I, Section 10, Clause 1 of the Constitution, a bill of attainder is an unconstitutional law or legislative action that punishes specifically-named individuals or groups for past or future conduct without a trial

Due Process Clause of the Fifth Amendment

applies to the federal government states that "No person shall be deprived of life, liberty or property without due process of law."

What necessarily occurs if the federal government takes action that would violate the Equal Protection Clause of the Fourteenth Amendment

This amounts to a violation of the Due Process Clause of the Fifth Amendment

Privileges and Immunities Clause of Article IV

does not govern the actions of the federal government. It only applies to states. It prohibits states from denying their citizens the privileges and immunities of national citizenship

Appellate Jurisdiction

"in all cases not falling within the Supreme Court's original jurisdiction, such as "arising under the Constitution, Act of Congress, or treaty, the Supreme Court shall have appellate jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make."

Congress Supreme Court Jurisdiction Power

Congress has the general power to decide what type of cases the Supreme Court may hear, as long as it doesn’t expand the Court’s jurisdiction beyond the federal judicial power as established under Article III, Section 2

How does the Supreme Court handle durational residency requirements?

The Supreme Court has held that durational residency requirements generally violate the right to travel protected by the Privileges or Immunities Clause of the 14th Amendment

Contracts Clause

limits the ability of states to enact laws that retroactively impair contract rights

Can the President direct the actions of federal agencies?

President has the authority to direct the actions of federal agencies as long as those directives are not inconsistent with congressional actions.

Is nxde dancing protected by the First Amendment?

nxde dancing is an expressive conduct protected by by the First Amendment but the Court has upheld bans on nxde dancing and public nxdity. It was content neutral and an ordinance banning nude dancing does not violate the First Amendment

Are interbranch disputes involving foreign affairs subject to the political question doctrine?

The political question doctrine does not bar the Court from deciding cases involving sensitive issues of foreign affairs when the case concerns the constitutionality of a statute. Interbranch disputes involving foreign affairs are not subject to the political question doctrine when they concern the validity of a federal statute

Does Congress play a role in removal of executive officers?

President may constitutionally remove a director who is appointed by the President without the consent of Congress. Congress shall not play any role in the removal of executive officers

Appropriations Clause of Article I

states that federal spending must be authorized by Congress. A president is violating the appropriations clause when they make the decision to spend on something different then what was authorized by Congress

Content Neutral Restriction on speech is upheld when:

it satisfies intermediate scrutiny meaning it is narrowly tailored and serves a substantial government interest

Does Strict Scrutiny apply to alienage regarding jury service?

Strict Scrutiny does not apply to alienage regarding jury service. a law excluding aliens from jury service is rationally related to the state's legitimate interest in ensuring that only citizens perform functions that are central to self-government

What is the appropriate test for alienage classifications restricting the right to participate in functions that are central to self-government

Rational basis is appropriate when alienage classifications restrict the right to participate in functions that are central to self-government, such as voting, state troopers, public school teachers, running for office, or serving on a jury

When is a hearing required for an individual?

Due Process obligates agencies to provide an individual with an opportunity for a hearing only when the agency makes an adjudicatory decision that deprives the individual of a property or liberty interest that is protected

Congress Power under the Commerce Clause

federal law must regulate one of the four categories:
(1) channels of interstate commerce;

(2) instrumentalities of interstate commerce and persons and things in interstate commerce;

(3) articles moving in interstate commerce; or

(4) activities that have a substantial effect on interstate commerce

Congress Tax Power

Congress may Spend for the general welfare

Congress may Tax for the general welfare

Congress may not regulate the general welfare

Congressional veto requirements regarding a federal agency’s actions requires

a majority vote by both house of Congress, but it also must be presented to the President for the opportunity to exercise his veto power.