Thirteenth Amendment
Congress to regulate both private and government action, including racial discrimination by private housing sellers, private schools, and private employers.
Fourteenth Amendment—Equal Protection and Due Process

Congress may pass laws that enforce EP and DP but may not expand those right and create new ones.


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Congruence and proportionality between the injury and the means adopted.



An answer choice only says Neccessary and Proper clause

 it is not a correct answer choice by itself 

How long does the president have to act (veto) on a proposed legislattion?
10 days. Must veto the whole bill, not portions.
Can congress give an official executive powers.

No congress may not control or appoint a memeber of a body with administrative or enforcement powers. 



Can a President remove any executive appointee without cause?
Yes, and Congress may not shiled removal by imposing a mutli tiered system that requires good cause.

When will a treaty be valid?

When president negotiates. Congress ratifies with 2/3 vote. And does not conflict with the Constitution.
Who can Impeach?

The House of Representatives may impeach (i.e., bring charges) by a majority vote. 

Only president, VP, and civil officers must be impeached.

Who tries the Impeachment case?

The Senate tries the impeached official, and a two-thirds vote is necessary for conviction.


Removal is the only remedy

If Congress does not explicitly mandate an expenditure of funds must the President spend them?
if Congress fails to mandate that the funds are to be spent, then impoundment is not a separation of powers violation.
Can congress repeal legislation by veto?
No, congress must change the law by adopting a new statute. Legislative veto is unconstitutional.
Can Congress delegate its authority to the executive branch?

ONLY if Congress specifies an “intelligible principle” to guide the delegate.

No power to impeach or declare war

Judicial Immunity

Judge is immune from civil laibility for damages from her judicial acts.


Not immune from nonjudicial activites such as hiring and firing employees. 

Legislative Immunity

 Immune for statements and conduct made in the regular course of the legislative process, including a speech given on the floor of Congress, committee hearings, and reports.

Not crimes (can’t use actual voting recored)

Executive privilege

privilege with respect to the disclosure of confidential information by the executive branch to the judiciary or Congress. (Crime/Civil/Preservation- need)

Executive immunity

 may not be sued for civil damages with regard to any acts performed as part of the President’s official responsibilities. 

 May face civil action based occurred before the President took office 

With regard to the appointment of certain high- level federal officials (e.g., cabinet officers, judges) by the president, the approval of the _______________ is required.

In federal court a citizen may a citizen sue a State officials for violation of state law.





No, the 11th Amendment bars this. 

May a citizen sue a state official for the violation of federal law and enjoin him or her from enforcing state law or compel.





yes, a citizen may sue such in federal court

John is a state police officer. Sue claims John was negligent under at state law, and caused her injuries at bar when they were both out with friends. Is John immune from prosecution in federal court? What this change if John was on duty and trying to detain Sue? 







Yes, because a citizen sue an state official in federal court if it is as an individual not in his representative capacity.

No, because a person cannot sue a state official for a state law in federal court. 

Does a person have standing if its injury is a future one?

Can the person recover damages? 




Yes, but it must be immenent danger. The person’s only remedy is injunction.
Generally, does a person have standing as a tax payer to sue a government enity?

  No, unless her suit is dealing with how much she owes or her tax return. 





When does a person, as a tax payer, have satnding to challenge the governments expenditures?
When it challenges specific governmental expenditures as violating the Establishment Clause. 
When is a claim moot?

At ANY TIME if the facts change to render the proceeding to have no effect, then it is moot.  


Unless, capable of repetition, yet evading review

How do we judge interstate commerce?
Any activity that substantially affects interstate commerce (aggregation- if all of use did it at once). 
When exercising its power of interestate commerce when must the effect of the activity of be actually proved?
If not economic/commercial activity 
When does an employee have a liberty interest entitling them to due process rights?

  • When there is an employment contract or clear understanding that the employee may only be fired for cause
  • When an any employee is discharged for reasons that violate consitutional gurantees 


When is a formal hearing not required for an employee whom may be discharged only for cause?
when there is a pre-termination notice an opportunity to respond and a post termination hearing.
What due process rights does a student removed for disciplinary reasons have?

  • Notice of the charges
  • explanation of the evidence 
  • opportunity to present his side


For which of the following is the government required to provide a pre-deprivation hearing?

Termination of disability benefits or termination of welfare benefits.

Termination of welfare benefits
Strict scrutiny
the burden is on the govenment to prove that the law is necessary to achieve a compelling governmental interest by the least restrictive means. 
Rational Basis
the burden is on the challenger to etsablish that the law is NOT rationally related to a legitimate state interest.

Which of the following restrictions on the fudnamental to vote may the govenment impose?

  • require a person be a resident to vote
  • require a present government ID
  • payment of a fee
  • prohibit felon from voting 

  • require a person be a resident to vote
  • require a present government ID
  • payment of a fee

which of the following is not a fundamental right?


  • parental rights to send chidl to public school
  • posses obscene material in the privacy of the home
  • right to refuse medical treatment 
  • Right to marry 

all of them are fundamental rights to privacy that require strict scrutiny to restrict.

Under the right to abortion which of the following is an undue burden?

  • requirment to wait 24 hours
  • requirment for minors to give parents notice or seek judical approval. 
  • require a woman to notify her husband 
  • Restrictions once the fetus reaches viability.

  • require a woman to notify her husband 

Intermediate scrutiny
substantially related to an important govenrment interest.
which standard of review will the court use concerning a law that limits rights based on gender or a non-martital child?
intermediate scrutiny
There is a law limiting rights based on sexual orientation, which standard of review should the court use? Is it likely it passes?
Rational basis test; no becuase there is legitimant interest in restricts because of animus toward or fear of a particular group.

Which of the following does not prove discrimination that triggers intermediate scrutiny?


  • ordinance that is dicrimantory on its face
  • a disparate impact on people if a different race or sex
  • a law that is applied in a discriminatory fashion


  • a disparate impact on people if a different race or sex, wihtout intent is insufficient. 

affirtmative action is subject to which standard of review?
strict scrutiny
True or false: A governmental affirmative action program survives Strict Scrutiny if  the relevant governmental entity shows a history of societal discrimination?

False, the government must itself be

1. guilty of specific past discrimination against the group it is seeking to favor, and

2. the remedy must be narrowly tailored to end that discrimination and eliminate its effects

Can the use of racial quotas or of race as a determinative criterion be used under affiramtive action? 
 No violates equal protection and is unconstitutional, however, race may be used as one of a range of factors to consider.
May a school district may assign students to schools on the basis of race if it is necessary to accomplish a compelling interest?
Yes, this does not violate equal protection
Are Classifications based on status as a lawful resident of the United States (as opposed to a citizen) subject to strict scrutiny?
No, instead a federal alienage classification is likely valid unless it is arbitrary and unreasonable.
True or False: States and loaclaities can require US citizenship for acess to private employement or government benefits
False, can require citizenship for public employment and things like voting, jury, or police offer.

Maryland requires citizenship and requires residency for in state tuition?


Any violations 

Yes, may not require citizenship for state benefits. Can require residency.
 May a state deny primary or secondary public education benefits to undocumented aliens
No, although aliens are not a suspect class, a state may not deny these rights
Two types of laws based on gender that pass the intermidate stanard of review?

  1. statutory rape (risk of pregnancy)
  2. The draft 

Which one these is not a subject strict scrutiny under the EP Clause? 

  • Age (rational basis)
  • Wealth 
  • Government-imposed fee on constitutional righ

Welath and age
To exercise authority under the Taking clause the government must provide _____ __________ and the taking must be ______ _________ to a concievable public purpose.
just compensation; Must be reationally related to a concievable public purpose.
True or False: when a regulation results in a dramatic decline in the value of the regulated property there is a taking?
False: When a regulation results in a permanent total loss of the property’s economic value, a taking has occurred.

A law requiring a landlord to permit a cable company to install equipment on the landlord’s property that would remain indefinitely but there is a minimal economic impact on the landlord.

Is this a taking?

Yes, becuase there is a permanent physical occupation of the property.

Zoning ordinance precluding owner of coastal property from erecting any permanent structure on the land, is this a taking? 
Yes, because there is permanent total loss of the property’s economic value.
When the govenrment takes property, the phrase “just compensation” has been interpreted to mean?
Fair market value, which is the reasonable value of the property at the time of the taking

A particular program violates the Establishment Clause if it does not have a ______ puspose. Its prinicple or primary effect must niether advance nor inhibit________. And it must not result in excessive government _____________ with religion.

 secular purpose;  neither advances nor inhibits religion; and It does not result in excessive government entanglement with religion.

Which of the following is a violation of Establsihement Clause?

  • Indirect aid to parochial schools
  • grants to religiously affiliated colleges and hospitals used only for nonreligious purposes
  • Posting the Ten Commandments on public-school classroom walls
  • Nondenominational prayer led by a cleric at graduation ceremonies
  • Public school allowing private individuals and a religious organization to use those facilities
  • display of a Christmas tree, Chanukah menorah, and other seasonal symbols 

  • Posting the Ten Commandments on public-school classroom walls
  • Nondenominational prayer led by a cleric at graduation ceremonies

Generally, only state laws that________ target religious conduct are subject to strict scrutiny. _________ laws of general applicability that have an impact on religious conduct are subject only to the rational basis test
 intentionallyNeutral laws 
Under the Religious Freedom Restoration Act, which is applicable only to _______ government, even neutral laws of general applicability are subject to ______ they substantially_______the free exercise of religion.
federal; strict scrutiny; burden
The Establishment and Free Exercise Clauses of the First Amendment_______ suits brought on behalf of ______ against their churches, claiming termination in violation of employment discrimination law
 bar suits brought on behalf of ministers 
Governmental regulation of expressive conduct is upheld if the regulation is_______ government’s power to enact; The regulation furthers an _________governmental interest; The governmental interest is unrelated to the ______________; and the burden on speech is _______than necessary.

i) The regulation is within the government’s power to enact (e.g., through a local government’s police power);

ii) The regulation furthers an important governmental interest;

iii) The governmental interest is unrelated to the suppression of ideas; and

iv) The burden on speech is no greater than necessary.

A federal prohibition may become a violation of free speech if  the law was intended to suppress messages __________, rather than any

__________related consequences of action 

content, rather than any conduct-related consequences of action 
An administrative rule bans “all First Amendment activities” in a large airport terminal to prevent incidment of dangerous actitvity. Does this violate freedom of speech? 
Yes, because a law that burdens substantially more speech than is necessary to protect a compelling governmental interest is “overbroad” and therefore void.
Suit to force the private organizers of a parade to include in the parade a group that espouses a message of same sex marriage. Does this violate freedom of speech? 
No, because the First Amendment protects not only freedom of speech, but also the freedom not to speak. 

In a public forum, the government may impose__________ restrictions on the time, place, or manner of protected speech, provided the restrictions: Are _________as to both subject matter and viewpoint; are _____________to serve a _________ governmental interest; and Leave open ample _________ channels for communication of the information.

Are content-neutral as to both subject matter and viewpoint; are narrowly tailored to serve a significant governmental interest; and Leave open ample alternative channels for communication of the information.

The government may regulate speech-related activities in non-public forums as long as the regulation is:
 (i) viewpoint-neutral and (ii) reasonably related to a legitimate governmental interest.

Which of the following content based regulations do not violate freedom of speech.

  • Obsence (sexy, sick, serious value). 
  • speech is directed to inciting or producing imminent lawless action
  • Fighting words aim at some one 
  • Child P
  • Zoining of adult theaters 
  • Banning Zone theater 
  • Hate speech 
  • Defamaing statement of opinion 

  • Banning Zone theater 
  • Hate speech 
  • Defamaing statement of opinion 
  • Hate speech (too vague)

Commerical speech that are_______ and ____ must be allowed, under the ______ standard of review.


_______ commercial speech may be supressed.

truthful and informational; intermediate scrutiny – reasonbly related to a substantial state interest 



Freedom of the press
Although the First Amendment specifically mentions freedom of the press, the media has no greater First Amendment rights than the general public.

The government may limit _________ to individual candidates.

No restrictions on ___________ by individuals and entities 

so long as the source of the funding is disclosed

 contributions; expenditures by individuals and entities 

A tenured professor at a state university was summarily dismissed by the university president after it came to light that she had engaged in plagiarism. Shortly following her dismissal, the professor contested her termination in a post-termination evidentiary hearing, at which her termination was upheld.  

Where her due process rights violated? 

Yes, a public employee who may be discharged only for cause has a property interest in her job and therefore is entitled to notice of termination and a pre-termination opportunity to respond.
A a person may be punished or deprived of public employment based on their political affiliation when it is an _______ member of a subversive organization, has _______ of the organization’s_________ activities, and has a specific ___________ to further those illegal objectives.

  •  is an active member of a subversive organization, 
  •  has knowledge of the organization’s illegal activities, and 
  •  has a specific intent to further those illegal objectives.

Can the threat of future injury can give a plaintiff standing to seek damages?
No, the plaintiff may seek injunction relief but it does not have standing to seek damages.
May Congress limit or expand The Supreme Courts jurisdiction? 
No, Article III of the U.S. Constitution fixes the original jurisdiction of the Supreme Court, Congress lacks the authority to limit or expand that jurisdiction. 
Can Congress tax goods exported to foreign countries? 
No, Congress may not tax goods exported to foreign countries.
Which one takes precedence, treaties or executive agreements 
 Federal statutes and treaties take precedence over executive agreements 
Does Congress has the power to override a presidential decision regarding the recognition of a foreign country? 
No, because the President has exclusive power over the recognition of a foreign country. 
The Supreme Court found that a state statute violated the Dormant Commerce Clause of the U.S. Constitution. Can Congress pass a legislation that authorizes the scheme adopted by the state in the form of a federal statute? 
Yes, because Congress has exclusive authority over interstate commerce, it may explicitly permit states to act in ways that would otherwise violate the Dormant Commerce Clause.
 Can a state’s legislature enact legislation that increases the tax on produce purchased from the foreign country?
No, because the Import-Export Clause of Article I, Section 10 prohibits the states from imposing any tax on any imported or exported goods, or on any commercial activity connected with imported goods. 
The __________ Amendment, in addition to repealing prohibition, specifically gives states the authority to prohibit the ______________ of alcoholic beverages into the state for delivery or use within the state
Twenty-First Amendment; transportation or importation
A federal act provides that specific provisions of the Act “supersede any and all State laws insofar as they may now or hereafter relate to any employee benefit plan.”Prior to the enactment Federal statute, a state statute is created that imposes a similar requirement within the state. What is the effect of the federal provision on the state statute?
It is ineefective even though the state law is consistent with the federal provision because the federal law expressly preempts the state law. 
 A private person’s action may constitute state action if a private person performs a _____ ___________ function or there is ______ _________involvement. 
 traditional governmental function; significant state involvement. 
A student is not entitled to a hearing with regard to dismissal for _______ reasons from a ______ institution of higher learning. 
A student is not entitled to a hearing with regard to dismissal for academic reasons from a publci institution of higher learning. 
An ordinances was enacted by the city to encourage current city-dwellers to relocate without the challenges of overcrowding and traffic. At Trial, the city defends the application of the ordinances on the basis that busier areas, including commercial districts, are generally much safer. Must the city rely on its initial reasons
No, because the government interest need not be stated when the law was passed, as long as the stated interest is legitimate
Age discrimination does not provoke __________. ; laws and other governmental actions classifying on the basis of age are reviewed under the ___________ standard.  
 heightened scrutiny; rational basis 
The __________ Cause of the Fourteenth Amendment prohibits ________ action that denies natural persons of the privileges or immunities of national _____.
 Privileges or Immunities Cause; state action; national citizenship 
the Supreme Court has held that the ______ Clause of the Fifth Amendment, which applies to the federal government, incorporates the __________ Clause of the Fourteenth Amendment, which applies to the states 
Due process; equal protection
Generally, a governmental regulation that adversely affects a person’s property interest is not a taking, but when a regulation so substantially hinders a person’s property interest as to make it virtually valueless, that law may be considered a “regulatory taking.” In determining whether a regulation constitutes a taking, the court will consider: (1) the economic impact of the regulation on the property owner; (2) the extent to which the regulation interferes with the owner’s reasonable, investment-backed expectations regarding his use of the property; and (3) the character of the regulation, including the degree to which it will benefit society, how the regulation distributes the burdens and benefits among property owners, and whether the regulation violates any of the owner’s essential attributes of property ownership, such as the right to exclude others from the property