Constitutional Law & Civil Rights Flashcards

A state-owned cement plant sells its output only to in-state residents. An out-of-state buyer challenges the policy under the dormant Commerce Clause. What is the most likely result?

Answer: The policy is upheld under the market participant exception

Under Reeves, Inc. v. Stake, a state acting as a market participant may favor its own residents without violating the dormant Commerce Clause.

Under Flast v. Cohen, federal taxpayer standing is recognized for which type of claim?

Answer: Establishment Clause challenges to congressional taxing and spending legislation

Flast allows taxpayer standing only for Establishment Clause challenges to exercises of Congress's taxing and spending power, not executive discretionary spending (Hein).

A citizen sues her own state in federal court over an ongoing violation of federal law. Absent waiver or valid abrogation, what relief may she obtain?

Answer: Prospective injunctive relief against the responsible state official

Ex parte Young permits suits against state officials for prospective injunctive relief, while state sovereign immunity bars retroactive monetary relief from the treasury.

A coastal regulation prohibits all construction on an owner's beachfront lots, leaving them with no economically beneficial use. Under Lucas v. South Carolina Coastal Council, the regulation is:

Answer: A per se taking unless background principles of nuisance or property law already prohibited the use

Lucas holds that a regulation eliminating all economically beneficial use is a categorical taking, subject to a background-principles exception.

The Contracts Clause of Article I, Section 10 limits which governmental actor?

Answer: Only the states

The Contracts Clause states that 'No State shall' impair the obligation of contracts, so it restricts states, while federal action is reviewed under Fifth Amendment due process.

A city ordinance bans amplified sound in residential neighborhoods after 10 p.m., regardless of message. Which standard applies?

Answer: Narrowly tailored to a significant government interest, leaving open ample alternative channels

Content-neutral time, place, and manner restrictions receive intermediate scrutiny under Ward v. Rock Against Racism.

A plaintiff sues a city under 42 U.S.C. § 1983 after a police officer used excessive force. To hold the city liable, the plaintiff must show:

Answer: The violation resulted from an official municipal policy or custom

Under Monell, municipalities are liable under § 1983 only for their own policies or customs, not on a respondeat superior basis.