Glossary of Con Law-Multistate
Other Decks By This User
- what is a bill of attainder?
- any form of legislative punishment of a named group or individual without judicial trial
- may the government adjudicate or resolve intrachurch disputes?
- No, that would be a violation under the Free Exercise and Establishment clause of the First Amendment
- when an ordinance is void on its face, does a person still need to apply for a permit (such as in the case of picketing)?
- No, as a general rule, whenever an ordinance is void on its face, the D need not apply for a permit
- is the government allowed to give parents of children in parochial schools tuition reimbursements or tax benefits if the program is part of a larger one for all private school children?
- No, the SC has invalidated under the Establishment Clause of the First Amendment parental tution reimbursements or tax benefits for children in paraochial schools even as part of a broader program for all private school children
- is a statute which provides for salary supplements to parochial school teachers who taught solely secular subjects valid?
- No, the SC concluded that the degree of government surveillance necessary to insure that the supplements would be restricted to teachers of secular subjects would entangle the government excessively
- when a person claims that he is being punished for his religious beliefs, may the court considere whether the person challenging the law sincerely holds those beliefs?
- Does the commerce clause ever allow a state to prefer its own citizens?
- Yes, the Commerce Clause does not prevent a state from preferring its own citizens when the state is acting as a market participant (buying or selling products, hiring labor, giving subsidiaries, etc.)
- If the SC grants certiorari to a review a case from the highest court in a state, may the court rule on the state law issues as well as the federal issues?
- No, the court may decide the federal issues, but cannot rule on the state law issues. The SC will refuse to hear the case only if the state ground is adequate by itself to support the decision as well as independent , so that the courts review of the federal ground would have no effect on the outcome of the case
- Does the constitution grant Congress a monopoly over the delivery of mail?
- Yes, no ther systen for delivering mail-public or private- can be established absent Congress's consent
- Does the president have the power to decline to spend funds specifically appropriated by congress when congress has expressly mandated that they be spent
- No, the president has no "legislative" power in internal affairs
- is a zoning ordinance that prohibits the location of adult bookstores and theaters close to residential zones unconstitutional?
- No, the SC has held that businesses selling material that is sexual explicit, althout not necessarily obscene, may be regulated through land ordinances designed to reduce the secondary effects of such businesses
- must a person be afforded a fair hearing before a government agency may revoke his license to practice a profession?
- Yes, SC held that if the gov't terminates an individuals ability to engage in a profession, it must grant that individual a procedure to determine his fitness to be a member of the profession
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