Constitutional Law

Question 1

The Requirements for Cases and Controversies (Justiciability Requirements)

Answer 1

1. Standing (Most important)
2. Ripeness
3. Not Moot

Question 2

Standing

Answer 2

Standing is the issue of whether the plaintiff is the proper party to bring a matter to the court for adjudication.

1. Injury
2. Causation
3. Redressability
4. No Third Party Standing
5. No Generalized Grievances

Question 3

Injury

Answer 3

The plaintiff must allege and prove that he or she has been INJURED or IMMINENTLY will be injured.

Plaintiff may only assert injuries that they personally have suffered.

Plaintiff seeking injunctive or declaratory relief must show a likelihood of future harm.

Question 4

Causation and Redressability

Answer 4

The Plaintiff must allege and prove that the defendant caused the injury so that a favorable court decision is likely to remedy the injury.

Question 5

What about third Party Standing?

Answer 5

A plaintiff cannot assert claims of others, of third parties, who are not before the court.

Question 6

Exceptions to Third Party Standing

Answer 6

1. If there is a close relationship between the plaintiff and the injured third party.
2. If the injured third party is unlikely to be able to assert his or her own rights.
3. An organization may sue for its members if:
   - members would have standing
   - the interest are germane to the organization’s purpose
   - Neither the claim nor relief requires participation of the individual members

Question 7

What about generalized grievances for meeting the Standing requirements?

Answer 7

The Plaintiff must not be suing solely as a “citizen” or as a “taxpayer” interested in having the government follow the law.

Look for this to render it generalized.

Question 8

What is the exception to the generalized grievances?

Answer 8

Taxpayer have standing to challenge government expenditures pursuant to federal, state, or local statutes as violating the Establishment Clause.

Question 9

Ripeness

Answer 9

The question whether a federal court may grant pre-enforcement review of a statute or regulation.

Case or Controversies

Tip: Whenever you have a request for declaratory judgment, look for a ripeness issue.

Question 10

What are the factors to consider for Ripeness?

Answer 10

1. The hardship that will be suffered without pre-enforcement review;
   AND
2. The fitness of the issues and the record for judicial review.

Question 11

Mootness

Answer 11

If events after the filing of a lawsuit end the plaintiff’s injury, the case must be dismissed as moot.

Question 12

Exceptions to Mootness

Answer 12

1. Wrong capable of repetition but evading review.
2. Voluntary cessation. If the D voluntarily halts the offending conduct, but is free to resume it at any time, the case will not be dismissed as moot.
3. Class action suits.
   - so long as a member is still being injured.

Question 13

Political Question Doctrine

Answer 13

Refers to constitutional violations that the federal courts will not adjudicate.

Question 14

Examples of Political Question Doctrine and Dismissed

Answer 14

1. The Republican Form of Government Clause
   - look for this language, answer is it is not justiciable
2. Challenges to the President’s conduct of foreign policy
3. Challenges to the impeachment and removal process
4. Challenges to partisan gerrymandering.

Question 15

What do you do for questions that ask about standing?

Answer 15

Look for the one that was injured directly.

The correct answer the is the plaintiff that suffered a monetary harm.

Question 16

What type of cases are available for Supreme Court Review?

Answer 16

1. All cases from state courts come to the Supreme Court by Writ of Certiorari.
2. All cases from the United States courts of appeals that come from Writ of Certiorari
3. Appeals exist for decisions of three-judge federal district courts
4. Original and Exclusive jurisdiction for suits between state governments.

**After final judgment from the three mentioned venues - FINAL JUDGMENT RULE - exhaust state and federal appeals

Question 17

Lower Federal Court Review

Answer 17

1. Federal Courts (and state courts) may not hear suits against state governments. (Sovereign Immunity)
2. Abstention. Federal Courts may not enjoin pending state court proceedings.

**All justiciability requirements need to be met.

Question 18

The Principle of Sovereign Immunity

Answer 18

1. The 11th Amendment bars suits against states in federal court.
2. Sovereign immunity bars suits against states in State Courts or federal agencies.

Question 19

Exceptions to when States may be sued

Answer 19

1. Waiver
2. States may be sued pursuant to federal laws adopted under Section 5 of the 14th Amendment.
3. The federal government may sue state governments.
4. Bankruptcy proceedings

Question 20

What about suits against State officers?

Answer 20

They are allowed:

1. Sued for injunctive relief
2. Sued for money damages to be paid out of their own pockets.

**May not be sued if it is the state treasury that will be paying retroactive damages.

Question 21

Federal Legislative Power

Answer 21

Federal Legislative Power

Question 22

Congress’s Authority to Act

Answer 22

1. There must be express or implied Congressional power.
   - MILD (Military, Indian, Land, DC)
2. The necessary and proper clause
3. The taxing/spending power.
4. Commerce power

Question 23

Taxing and Spending Clause

Answer 23

Congress may tax and spend for the general welfare.

Question 24

The Commerce Power

Answer 24

1. Congress may regulate the channels of interstate commerce.
2. Congress may regulate the instrumentalities of interstate commerce and persons or things in interstate commerce.
3. Congress may regulate economic activities that have a substantial effect on interstate commerce.
   -

Question 25

Is there any limit on Congressional Powers?

Answer 25

1. 10th Amendment. (most important) AND 2. Section 5 of The 14th Amendment

Question 26

10th Amendment Limit on Congressional Powers

Answer 26

All powers not granted to the United States, nor prohibited to the states, are reserved to the states or the people. - Congress cannot compel state regulatory or legislative action. CAN PUT STRINGS ON GRANTS AS LONG AS NOT UNDULY COERCIVE. **Congress may prohibit harmful commercial activity by state governments.

Question 27

Section 5 of the 14th Amendment Limit on Congressional Powers

Answer 27

Congress may not create new rights or expand the scope of rights. Congress may act only to prevent or remedy violations of rights recognized by the courts and such laws must be "proportionate" and "congruent" to remedying constitutional violations.

Question 28

Delegation of Powers

Answer 28

1. No limit exists on Congress' Ability to delegate legislative power. 2. Legislative vetos and line-item vetos are unconstitutional - Must go through Bicameralism and Presentment (i.e. checks and balances **Obviously cannot delegate executive or judicial power to itself.

Question 29

The Federal Executive Power

Answer 29

1. Foreign Policy | 2. Domestic Affairs

Question 30

What does Foreign policy contain?

Answer 30

1. Treaties 2. Executive Agreements 3. Broad powers as Commander-in-Chief to use American troops in foreign countries.

Question 31

Treaties

Answer 31

Agreements between the US and a foreign country that are negotiated by the President and are effect when RATIFIED by the Senate.

Question 32

Effectiveness of Treaties

Answer 32

1. Treaties prevail over conflicting state laws. 2. If a treaty conflicts with a federal statute, the one adopted last in time controls. GOING TO BE ON EXAM 3. If a treaty conflicts with the US Constitution, it is invalid.

Question 33

Executive Agreements

Answer 33

An agreement between the US and a Foreign Country that is effective when signed by the President and the head of the foreign nation. No need for Senate Ratification

Question 34

Effectiveness of Executive Agreements

Answer 34

1. Executive Agreements can be used for any purpose. 2. Executive Agreements prevail over conflicting state laws, but never over conflicting federal laws or the Constitution.

Question 35

What domestic affairs are handled by the Executive Branch?

Answer 35

The appointment and removal power. Power to pardon those accused or convicted of federal crimes. - NOT STATE LAW CRIMINAL CONVICTIONS - ONLY FOR CRIMINAL Privilege for presidential papers and conversations.

Question 36

The Appointment Power under Executive Branch

Answer 36

The president appoints ambassadors, federal judges and officer of the US. Congress may vest the appointment of inferior officers in the President, the heads of departments or the lower federal courts. Congress may not give itself or its officers this power.

Question 37

The Removal Power

Answer 37

Unless removal is limited by statute, the President may fire any executive branch office.

Question 38

How can Congress limit the Removal Power?

Answer 38

1. It must be an office where independence from the President is desirable - Independent Counsel, Prosecutor - Not cabinet members AND 2. Congress cannot prohibit removal, it can limit removal to where there is good cause.

Question 39

Impeachment and Removal

Answer 39

``` The President, the VP, Federal judges and officers of the US can be impeached and removed for: 1. Treason 2. Bribery 3. High crimes AND 4. Misdemeanors ```

Question 40

Impeachment

Answer 40

Does not remove a person from office. Impeachment by the House of Representatives requires a majority vote. Conviction in Senate requires a 2/3 vote.

Question 41

Presidential Immunity

Answer 41

Absolute immunity to civil suits for money damages for any actions while in office. No immunity for actions that occurred prior to taking office.

Question 42

FEDERALISM

Answer 42

FEDERALISM

Question 43

Preemption (4-6 questions on Multistate)

Answer 43

The Supremacy Clause of Article 6 provides that the Constitution and laws and treaties made pursuant to it, are the supreme law of the land. 1. Express preemption 2. Implied preemption 3. States may not tax or regulate federal government activity (Inter-governmental immunity - refers to immunity federal government from unwanted state taxation) - Can tax mom and pop store - Cannot tax federal army surplus stores

Question 44

Express Preemption

Answer 44

If a federal statute explicitly says that federal law is exclusive in a field.

Question 45

Implied Preemption

Answer 45

1. If the federal and state laws are mutually exclusive, federal law preempts state law. - not possible to simultaneously comply 2. If state law impedes the achievement of a federal objective, federal law preempts state law. 3. If Congress evidences a clear intent to preempt state law, federal law preempts state law. - * *Environmental standards can be stricter unless clearly preempted by Congress. * *Federal Government does not have to comply with State Pollution Laws.

Question 46

Dormant Commerce Clause

Answer 46

Negative implications of the commerce clause. The principle that a State or local law is unconstitutional if it places an excessive burden on Interstate Commerce. Limit on what a State or Local government can do.

Question 47

The Privileges and Immunities of Clause of Article 4

Answer 47

No State may deny citizens of other States of the privileges and immunities that it accords its own citizens. Anti-discrimination provision.

Question 48

The Privileges and Immunities Clause of the 14th Amendment

Answer 48

Must involve the right to Travel. No State shall deprive any Citizen of United States Citizenship.

Question 49

Question to Ask when dealing with a law's application to citizens of a different state

Answer 49

Does the state law discriminate against out-of-states?

Question 50

Analysis if the law does NOT discriminate

Answer 50

1. The privileges and immunities clause of the Article 4 does not apply. 2. If the law burdens interstate commerce, it violates the dormant commerce clause if its burdens exceed its benefits. - If the benefit exceeds the burden, the law is upheld

Question 51

Analysis if the Law Discriminates against out-of-staters

Answer 51

1. If the law burdens interstate commerce, it violates the dormant commerce clause unless it is necessary to achieve the important government purpose. Exceptions: - Congressional Approval, - Market Participant Exception - No other less restrictive way. 2. If the law discriminates against out-of-staters with regard to their ability to earn their livelihood, it violates the privileges and immunities clause of Article 4 UNLESS it is necessary to achieve important government purpose. **Corporations and Aliens cannot use the privileges and immunities and clause.

Question 52

GREAT COMPARISON CHARTS ON PAGE 16, 17

Answer 52

GREAT COMPARISON CHARTS ON PAGE 16, 17

Question 53

Market Participant Exceptions

Answer 53

A state or local government may prefer its own citizens in recieving benefits from government programs or in dealing with government programs or in dealing with government owned business. Examples: 1. The University of California can charge less to admission for instaters. Public 2. State owned cement factory charging more for out of staters, it was a state owned business. Government Owned.

Question 54

State Taxation of Interstate Commerce

Answer 54

1. States may not use their tax systems to help in-state businesses. 2. A state may only tax activities if there is a substantial nexus to the state. 3. State taxation of Interstate businesses must be fairly apportioned.

Question 55

What is a States requirement in regards to Full Faith Credit to Other States Judgments?

Answer 55

Courts in one state MUST give full faith and credit to judgments of courts in another state so long as: 1. The court that rendered the judgment had jurisdiction over the parties and the subject matter. 2. The judgment was on the merits 3. The judgment was final.

Question 56

Limitations of the Constitution and Congress Over Individuals

Answer 56

1. The Constitution applies only to government action. Private conduct need not comply with the Constitution. 2. Congress, by statute, may apply constitutional norms to private conduct. - The 13th Amendment can be used to prohibit private race discrimination: slavery, indentured servitude. - The Commerce power can be used to apply constitutional norms. **No used of Sec. 5 of 14th Amendment to regulate private behavior.

Question 57

Exceptions to the Limitations of Congress and the Constitution (Where Private Conduct Must Comply with Constitution)

Answer 57

1. Public Function Exception | 2. The Entaglement exception

Question 58

Public Function Exception

Answer 58

The Constitution applies if a private entity is performing a task traditionally, exclusively done by the government - Voting companies holding elections - Company owned town

Question 59

Entanglement Exception

Answer 59

The Constitution applies if the government affirmatively authorizes, encourages, or facilitates unconstitutional activity.

Question 60

Examples of Entanglement Exception

Answer 60

1. Courts cannot enforce racially restrictive covenants. 2. There is state action when the government leases premises to a restaurant that racially discriminates. 3. There is state action when a state provides books to schools that racially discriminate. 4. There is no state action when a private school that is over 99% funded by the government fires a teacher because of her speech. 5. There is no state action when the NCAA orders the suspension of a basketball coach at a state university. 6. There is state action when a private entity regulates interscholastic sports within a state. 7. There is not state action when a private club with a liquor licences from the state racially discriminates.

Question 61

The Application of the Bill of Rights

Answer 61

1. The Bill of Rights applies directly only to the federal government. 2. The Bill of Rights is applied to state and local governments through its incorporation into the due process clause of the 14th Amendment.

Question 62

Exceptions to the Application of the Bill of Rights

Answer 62

1. The 3rd right to no have a soldier quartered in a person's home; 2. The 5th right to grand jury indictment in criminal cases; 3. The 8th right against excessive fines.

Question 63

Contract Clause

Answer 63

Limits the ability of States to enact laws that retroactively impair contract rights. **Only applies to States

Question 64

Impairment Levels and Standards Applied

Answer 64

1. Private Contracts - Intermediate Scrutiny - important and legitimate public interest - Reasonable and narrowly tailored means. 2. Public Contracts - Stricter Scrutiny

Question 65

Ex Post Facto Laws

Answer 65

A law that retroactively alters criminal offenses or punishments in a substantially prejudicial manner for the purpose of punishing a person for some past activity. 1. Makes criminal an act that was innocent when done; OR 2. Prescribes greater punishment for an act than was prescribed for the act when it was done; OR 3. Reduces the evidence required to convict a person of a crime from what was required when the act was committed. **Only applies to CRIMINAL CASES

Question 66

Bills of Attainder

Answer 66

Legislative acts that inflict punishment on individuals without a judicial trial. Federal and State Government are prohibited from passing bills of attainder.

Question 67

Takings Clause

Answer 67

"Nor shall private property be TAKEN for PUBLIC USE without JUST COMPENSATION" Rational Basis

Question 68

Takings Clause: Private Property

Answer 68

Owned by an individual under State Law

Question 69

Two Types of Takings

Answer 69

1. Physical Invasion | 2. Regulatory

Question 70

Takings Clause: Just Compensation

Answer 70

Fair Market value Termination of regulation and pay temporary taking damages. **Loss determined by LOSS TO THE OWNER

Question 71

Takings Clause: Physical Invasion

Answer 71

The government takes the property from you and title has been transferred OR Government mandates access to the property. * *Per se - a taking and compensable and taking can be de minimis * *Eminent Domain

Question 72

Takings Clause: Regulatory

Answer 72

The government has regulated your use of your property leaving no reasonable economic viable use of the property. Zoning, Destruction of Trees Compensation: Reciprocity of advantage.

Question 73

Factors to Consider Constitutionality of Regulatory Taking

Answer 73

1. Economic impact of the regulation on the claimant. 2. Extent to which the regulation has interfered with distinct, REASONABLE, investment backed expectations. 3. Character of the governmental action. Others. Degree of harm to land, social value of wanted activities AND the ease the alleged harm can be avoided by other means.

Question 74

Three Ways Individual Rights are Protected

Answer 74

1. Procedural Due Process 2. Substantive Due Process 3. Equal Protection

Question 75

Procedural Due Process

Answer 75

Procedures Government must follow when taking away life, liberty, property. - Notice, type of hearing

Question 76

Substantive Due Process

Answer 76

Government has an adequate reason to take away life, liberty, property. - Depends on relationship between Right and Scrutiny

Question 77

Equal Protection

Answer 77

Government distinction drawn on how it treats people. - type of discrimination

Question 78

Process for Procedural Due Process Question

Answer 78

1. Has there been a deprivation of life, liberty, or property? 2. What procedures are required?

Question 79

Deprivation of Life

Answer 79

Obvious

Question 80

Deprivation of Liberty

Answer 80

If there is the loss of a significant freedom provided by the Constitution or a Statute. **Not reputation, prisoners lose these. Examples: - Adults being institutionalized without hearing/notice

Question 81

Deprivation of Property

Answer 81

If there is entitlement and that entitlement is not fulfilled. Examples: - Government worker fired middle of term, need due process - Contract said no expectation, no due process.

Question 82

An answer choice that is always wrong???

Answer 82

"... as the rights and privileges distinction." "government negligence is not enough for deprivation of the process. failure to protect people from privately inflicted harms

Question 83

Deprivation

Answer 83

1. Intentional government action OR 2. At least reckless action for liability to exist.

Question 84

What about deprivation under emergency?

Answer 84

Government only liable for conduct that "shocks the conscience"

Question 85

What procedures are required?

Answer 85

Judicial Discretion in determining using these factors: 1. The importance of the interest to the individual 2. The ability of additional procedures to increase the accuracy of the fact-finding 3. The government's interest. **Notice and Hearing

Question 86

Examples of Procedural Due Process Being Required

Answer 86

1. Welfare termination 2. Social Security Disability 3. Child at Public School 4. Custody of Child Termination 5. Punitive Damages 6. American Citizen Held Enemy Combatant 7. Pre-Judgment attachment/ Government Seizure

Question 87

Levels of Scrutiny

Answer 87

1. Rational Basis 2. Intermediate Scrutiny 3. Strict Scrutiny

Question 88

Rational Basis

Answer 88

Minimal Scrutiny Upheld if law is RATIONALLY RELATED to a LEGITIMATE government purpose. BOP on Challenger **Classes - Age, Disability, Poverty, Sexual Orientation

Question 89

Intermediate Scrutiny

Answer 89

Regulations involving quasi-suspect classifications Upheld if law SUBSTANTIALLY RELATED to an IMPORTANT government purpose. BOP on Government (probably but unclear) **Classes - Gender and Legitimacy

Question 90

Strict Scrutiny

Answer 90

Regulations involving fundamental rights OR involving suspect classifications Upheld if the law is NECESSARY to achieve a COMPELLING government purpose. BOP on Government **Classes- race, national origin, and alienage

Question 91

Rights Triggering Strict Scrutiny

Answer 91

1. Marry 2. Procreate 3. Custody of Children 4. Keep Family Together 5. Control Raising of Children 6. Purchase and Use Contraceptives 7. Travel (not Foreign) 8. Vote (excluding residence, age, and citizenship restrictions) 9. Freedom of Speech 10. Freedom of Association 11. Free Exercise of Religion

Question 92

Rights Triggering "Undue burden test"

Answer 92

Right to abortion. Viability Analysis

Question 93

Not a Fundamental Right (Rational Basis Review)

Answer 93

1. Right to practice a trade or profession 2. Right physician-assisted death 3. Right to education

Question 94

Situations Where Level of Scrutiny is Unknown

Answer 94

1. Right to engage in private consensual homosexual activity. 2. Right to refuse medical treatments 3. Right to possess firearms

Question 95

Approach to Equal Protection

Answer 95

1. What is the classification? 2. What level of scrutiny should be applied? 3. Does this law meet the level of scrutiny?

Question 96

Constitutional Provisions Concerning Equal Protection

Answer 96

1. 14th amendment - only to state and local governments | 2. 5th Amendment - Federal Government

Question 97

How is the existence of a classification proven?

Answer 97

1. The classification is on the face of the law; OR 2. If the law is facially neutral, proving a racial classification requires demonstrating both: - Discriminatory impact AND - Discriminatory intent. **Education may use race as A FACTOR in admissions to help minorities PLUS no other neutral alternative.

Question 98

Valid or Invalid? Gender-based death benefits

Answer 98

Invalid

Question 99

Valid or Invalid? Gender-based peremptory strikes

Answer 99

Invalid

Question 100

Valid or Invalid? Alimony for women only

Answer 100

Invalid

Question 101

Valid or Invalid? State-supported all-mall or all-female schools

Answer 101

Invalid

Question 102

Valid or Invalid? Discriminatory minimum drinking age (women 18, men 21)

Answer 102

Invalid

Question 103

Valid or Invalid? Discriminatory statutory rape laws

Answer 103

Valid

Question 104

Valid or Invalid? All-male draft

Answer 104

Valid

Question 105

Valid or Invalid? Requiring American fathers (not mothers) to prove their parentage of nonmarital children born abroad in order to obtain U.S. Citizenship for them.

Answer 105

Valid

Question 106

THE FIRST AMENDMENT

Answer 106

THE FIRST AMENDMENT

Question 107

General Rules of Constitutional Protection Found in the 1st Amendment

Answer 107

1. Content based v. content-neutral restrictions 2. Prior Restraints 3. Vagueness and overbreadth (fighting words) 4. Symbolic Speech (flag burning, contribution limits, non-threatening cross burning) 5. Anonymous Speech 6. Speech by Government 7. Profane and indecent speech (not schools or broadcast media)

Question 108

Content Based Restrictions

Answer 108

Must meet Strict Scrutiny 1. Subject matter (topic) 2. Viewpoint (ideaology)

Question 109

Content Neutral Laws

Answer 109

Must meet intermediate scrutiny

Question 110

Prior Restraints

Answer 110

Before it occurs Court orders suppressing must meet Strict Scrutiny (Collateral bar rule) Valid IF: 1. The standards must be narrowly drawn, reasonable, and definite; 2. Injunction must promptly be sought; AND 3. There must be prompt and final determination of the validity of the restraint.

Question 111

Restraints Through Licenses

Answer 111

Valid IF: 1. Important reason 2. Clear criteria 3. Judicial Review available

Question 112

Limit on Symbolic Speech

Answer 112

Valid if: 1. Important interest unrelated to suppression of the message AND 2. impact on communication is no greater than necessary to achieve the government's purpose.

Question 113

What speech is unprotected or less protected by the First Amendment?

Answer 113

1. Nude Dancing 2. Draft Card Burning 3. Expenditure limits 4. Incitement of illegal activity 5. Obscenity and Sexually-Oriented speech 6. Commercial Speech 7. Defamation 8. Speech by Government employees on the job in the performance of duties

Question 114

Test for "Incitement of Illegal Activity"

Answer 114

Not protected IF: 1. Substantial likelihood of imminent illegal activity AND 2. If the speech is directed to causing imminent illegality.

Question 115

Test for "Obscenity and Sexually-oriented speech"

Answer 115

Not Protected IF: 1. The material must appeal to the prurient interest 2. The material must be patently offensive under the law prohibiting obscenity 3. Taken as a whole, the material must lack serious redeeming artistic, literary, political or scientific value.

Question 116

Test for "Commercial Speech"

Answer 116

1. Commercial Speech with inherently risk of deception can be prohibited. 2. Intermediate scrutiny for the rest. Upheld IF: 1. Serves a substantial government interest 2. Directly advances that interest AND 3. Is narrowly tailored to serve that interest.

Question 117

Defamation of Public Official

Answer 117

Liability Standard: Actual Malice Damages: Compensatory Presumed/Punitive BOP: Plaintiff must prove falsity

Question 118

Defamation of Public Figure

Answer 118

Liability Standard: Actual Malice Damages: Compensatory Presumed/Punitive BOP: Plaintiff must prove falsity

Question 119

Defamation of Private Figure, Matter of Public Concern

Answer 119

Liability Standard: Negligence and Actual Injury Damages: Compensatory for Actual Injury; Presume or Punitive Damages Require Actual Malice BOP: Plaintiff must prove falsity

Question 120

Defamation of Private Figure, Matter of Private Concern

Answer 120

Liability Standard: Unclear - Negligence Damages: Compensatory for Actual Injury; Presumed or Punitive Damages Do Not Require Actual Malice BOP: Unclear - Burden on Defendant to Prove Truth

Question 121

What places are available for speech?

Answer 121

1. Public Forums 2. Designated Public Forums 3. Limited Public Forums 4. Non-public forums **No first amendment right to use private property for speech purposes.

Question 122

Restrictions On Speech in Public Forums

Answer 122

Must be: 1. Subject matter neutral 2. Viewpoint neutral 3. Method of time, place manner 4. Serve important government purpose 5. Leaves open adequate alternative places for communication Examples: sidewalks, parks

Question 123

Restrictions on Speech in Designated Public Forums

Answer 123

Must be: 1. Subject matter neutral 2. Viewpoint matter neutral 3. Method of time, place, and manner 4. Serve important government purpose 5. Leaves open adequate alternative places for communication Examples: non-public forums that the government opens to speech

Question 124

Restrictions on Limited Public Forums

Answer 124

Must be: 1. Viewpoint neutral 2. Method of reasonable regulation 3. Legitimate government purpose

Question 125

Restriction on Non-Public Forums

Answer 125

Must be: 1. Viewpoint neutral 2. Method of reasonable regulation 3. Legitimate government purpose

Question 126

Freedom of Association

Answer 126

Laws that prohibit or punish group membership must meet strict scrutiny. Laws that require disclosure of group membership, where such disclosure would chill association, must meed strict scrutiny. Laws that prohibit a group for discriminating are constitutional unless they interfere with intimate associate or expressive activity.

Question 127

How to punish membership in a group?

Answer 127

``` Must be proven that the person: 1. Actively affiliated with the group; 2. Knowing of its illegal activities; AND 3. With the specific intent of furthering those illegal activities. ```

Question 128

Aspects of Freedom of Religion

Answer 128

1. The Free Exercise Clause | 2. The Establishment Clause

Question 129

Free Exercise Clause Prohibits

Answer 129

1. State governments from requiring office holders or employees to take a religious oath. 2. State from excluding clerics from holding public office 3. Courts from declaring a religious belief to be false. Exceptions: Picking a Minister, Unemployment Compensation Cases after quitting b/c religion, Right of Amish no to educate children)

Question 130

Establishment Clause

Answer 130

Government action challenged under the Establishment Clause will be found invalid UNLESS: 1. has a secular purpose 2. Has a primary effect that neither advances nor inhibits religion; AND 3. Does not produce excessive government entanglement with religion.