Constitutional Law Flashcards

Under the political question doctrine, a court will decline to hear a constitutional challenge when:

Answer: The issue is textually committed to another branch of government

Under Baker v. Carr, the political question doctrine applies when there is a textually demonstrable constitutional commitment of the issue to a coordinate political department, among other factors.

Congress enacts a law that delegates broad regulatory authority to an executive agency to regulate 'in the public interest.' Under the non-delegation doctrine, this delegation is most likely:

Answer: Constitutional as long as it contains some intelligible principle guiding the agency

The non-delegation doctrine requires that Congress provide an intelligible principle to guide executive discretion; historically, courts have upheld very broad delegations so long as some guiding standard exists.

A state law requires all out-of-state wine sellers to use in-state distributors, while allowing in-state wineries to sell directly to consumers. Under Granholm v. Heald, this law is:

Answer: Unconstitutional because it discriminates against interstate commerce in violation of the Commerce Clause

Granholm v. Heald held that the Twenty-First Amendment does not immunize state alcohol regulations from Commerce Clause scrutiny, and discriminatory direct-shipping laws violate the dormant Commerce Clause.

A government employee is fired for making statements to a supervisor about office budget mismanagement in the course of performing official duties. Under Garcetti v. Ceballos, this termination is:

Answer: Constitutional because speech made pursuant to official duties is not protected by the First Amendment

Garcetti v. Ceballos held that when public employees make statements pursuant to their official duties, they are not speaking as citizens for First Amendment purposes, and the government may discipline them for such speech.

A state court issues an injunction prohibiting a newspaper from publishing information about an ongoing criminal trial to protect the defendant's right to a fair trial. Under Nebraska Press Ass'n v. Stuart, this injunction is:

Answer: Presumptively unconstitutional as a prior restraint that must meet a very heavy burden of justification

Nebraska Press Ass'n v. Stuart held that prior restraints on the press come to court with a heavy presumption against constitutional validity, and gag orders on the media require an extraordinary showing of necessity.

Which of the following actions by a state is most clearly prohibited by the Contract Clause of Article I, Section 10?

Answer: Passing a law that substantially impairs existing private contractual obligations without adequate justification

The Contract Clause prohibits states from passing any law impairing the obligation of existing contracts, and substantial impairment of private contracts is subject to heightened scrutiny under Home Building & Loan Ass'n v. Blaisdell.

Under the Supremacy Clause, a state law is preempted by a federal statute when:

Answer: Congress expressly states its intent to preempt, state law conflicts with federal law, or Congress occupies the field

Federal preemption occurs in three forms: express preemption (Congress explicitly preempts state law), conflict preemption (compliance with both is impossible or state law obstructs federal objectives), and field preemption (Congress occupies the entire regulatory field).