CO Bar Constitutional Law Flashcards

The Anti-Commandeering doctrine prohibits the federal government from:

Answer: Directing state legislatures to enact federal regulatory programs

The anti-commandeering doctrine, established in New York v. United States and Printz v. United States, prohibits Congress from commanding state legislatures or executives to administer federal programs.

Which type of taking automatically requires just compensation under the Takings Clause without a balancing test?

Answer: Permanent physical occupation of private property

A permanent physical occupation or invasion of private property by the government is a per se taking requiring just compensation under Loretto v. Teleprompter Manhattan CATV Corp.

Under procedural due process, before the government deprives an individual of a protected property interest, it must generally provide:

Answer: Notice and an opportunity to be heard

Procedural due process requires that before depriving a person of a protected life, liberty, or property interest, the government must provide notice and a meaningful opportunity to be heard.

The Colorado Constitution's Taxpayer's Bill of Rights (TABOR) requires voter approval for:

Answer: Tax rate increases and revenue above the spending limit

TABOR, adopted in Colorado's Constitution in 1992, requires voter approval for any tax rate increase and for the state to retain revenue collected above its spending limit.

Under the Eleventh Amendment, a private citizen generally cannot sue a state in federal court unless:

Answer: The state has waived immunity or Congress abrogated it pursuant to Section 5 of the Fourteenth Amendment

The Eleventh Amendment bars suits against states by private citizens in federal court unless the state waives immunity or Congress validly abrogates it under its Fourteenth Amendment Section 5 power.

The constitutional doctrine of standing requires a plaintiff to demonstrate all of the following EXCEPT:

Answer: That the plaintiff is a citizen of the United States

Standing requires injury in fact, causation, and redressability, but there is no requirement that the plaintiff be a U.S. citizen — noncitizens may also have standing.