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Social Science Law Constitutional Law Con Law Review questions and correct answers (elaborations) with 100% accurate , verified , latest fully updated , 2024/2025 ,already passed , graded a+, complete solutions guarantee distinctions rationales| 5-star ra
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Social Science Law
Institution
Social Science Law
Social Science Law Constitutional Law Con Law Review questions and correct answers (elaborations) with 100% accurate , verified , latest fully updated , 2024/2025 ,already passed , graded a+, complete solutions guarantee distinctions rationales| 5-star rating
STUVIA 2024/2025
1. Social Science
2. Law
3. Constitutional Law
Con Law Review
Congress's Taxing and Spending Power - Indirect Taxes
The taxing and spending clause gives Congress plenary (ie, exclusive) power to raise federal
revenue by imposing taxes. But Congress can only impose an indirect federal tax if it is:
(1) imposed identically in every state where the taxed goods are found (ie, geographically uniform)
and
(2) reasonably related to revenue production (ie, no provisions extraneous to tax purposes).
Ways to show intentional discrimination of a class (3)
face - the language of the law distinguishes between different classes (intent presumed)
application - a facially neutral law is purposefully applied differently to different classes or
motive - an otherwise neutral law was enacted to disproportionately impact a protected class.
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6 Ways to Show Appreciation for Your Child's Teacher
Standing - Individual
An individual has standing when there is (1) an actual or imminent injury, (2) the injury is caused by
the government conduct, and (3) it is likely the injury will be redressed by a favorable decision.
Standing - Organization
An organization has standing when when (1) all members have individual standing, (2) the interests
asserted are related to the organization's purpose, and (3) the case does not require participation of
individual members.
Free Exercise Clause
The Free Exercise Clause bars any law that prohibits or seriously burdens the free exercise of
religion, unless there is a compelling government interest that satisfies strict scrutiny.
However, an exception exists for a law of general applicability that does not intentionally burden
religious beliefs and advances important public interests. Such a law is permissible.
But even so, the Religious Freedom Restoration Act (RFRA) allows a person or organization to
challenge a federal law of general applicability if there is a substantial burden of religious free
exercise and the government must meet strict scrutiny.
Establishment Clause
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The Establishment Clause prohibits laws respecting the establishment of religion. The government
cannot endorse or favor specific religious groups, or religion over non-religion in general. Challenges
brought under the Establishment Clause are generally subject to the "historical practices and
understandings" test, which imposes a presumption of constitutionality for longstanding monuments,
symbols, and practices.
However, courts may choose to forego this test and apply the more stringent strict scrutiny when the
law directly impacts a specific religion.
Note that incidentally favoring one religion over another in an attempt to benefit a wide variety of
people is permissible.
First Amendment Free Speech
The First Amendment protects an individual's right to free speech and is applicable to the states via
the Fourteenth Amendment.
Content-Based Speech Regulation
Content-based speech regulations are those that forbid the communicative impact of the expression.
Strict scrutiny usually applies to content based restrictions, and are therefore rarely allowed. The
regulation must be narrowly tailored to achieve a compelling governmental interest.
Content-Neutral Speech Regulation
Content-neutral regulations are those where the regulation is aimed at something other than the
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communicative impact of the expression. Content-neutral restrictions will be upheld if they
(1) serve an important government interest,
(2) are narrowly tailored to serve that interest, and
(3) leave open alternative channels of communication.
Public Forum
A public forum is a forum that is generally open to the public. Speech restrictions in public forums
must (1) be content neutral and viewpoint neutral, (2) serve an important government interest, (3) be
narrowly tailored to serve that interest, and (4) leave open alternative channels of communication.
Designated Public Forum
A designated public forum is a forum that is not traditionally open to the public, but are opened up to
the public at large for a specific purpose.
Speech restrictions in public forums and designated public forums must (1) be content neutral and
viewpoint neutral, (2) serve an important government interest, (3) be narrowly tailored to serve that
interest, and (4) leave open alternative channels of communication.
Symbolic Speech
Symbolic speech is the freedom not to speak or the freedom to communicate an idea by use of a
symbol or communicative conduct.
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The government may restrict symbolic speech if the regulation (1) is within the constitutional power of
the government to enact, (2) furthers an important governmental interest unrelated to the suppression
of speech (content-neutral), and prohibits no more speech than is necessary.
Prior Restraint
Prior restraints prevent speech from being heard before it even occurs. These are rarely allowed and
carry a heavy presumption of unconstitutionality.
A prior restraint is only permissible where the government can show that some irreparable harm or
serious harm to the public will occur and then there must be narrowly drawn standards and a final
determination of the validity (restraining body must seek an injunction to prevent dissemination).
Overbreadth
A speech regulation is unconstitutional if it bans both protected speech and unprotected speech.
Justiciability Issues (5)
- case or controversy
- political questions
- standing
- timeliness: mootness and ripeness
- 11A sovereign immunity
Case or Controversy Requirement
There must be an actual case or controversy in dispute.
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Declaratory judgments are permitted. Declaratory judgments are those that state the legal effect of a
regulation or the conduct of parties in regard to a controversy. However, advisory opinions are not
permitted.
Political Question Doctrine
Political questions may not be heard by federal courts.
A case presents a nonjusticiable political question when (1) the Constitution has reserved
decision-making on an issue to the executive or legislative branch or (2) the matter is inherently not
one that the judiciary can decide—i.e., there is a lack of judicially discoverable and manageable
standards to resolve the issue
If the issue is committed to another branch of the federal government (president or congress) or there
are no manageable standards by which the court can resolve the issue, the federal court will not hear
it.
Standing - Third Party
Third party standing requires the plaintiff to prove he has
(1) individual standing, AND
(2)(a) a special relationship between the plaintiff and the third party, OR
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