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con law tests - Statistics

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General Stats
  • This quiz has been taken 25 times
    0 since last reset
  • The average score is 0 of 117
Answer Stats
step test % Correct
0 1A: Brandenburg test
0%
0 1A: Dennis v. US
0%
0 1A: Determining content neutrality
0%
0 1A: Masses Publishing Co. v. Patten
0%
0 1A: Public forum test
0%
0 1A: Schenck v. US
0%
0 1A: Shaffer v. US
0%
0 1A: US v. O'Brien test
0%
3 activities having a substantial relation to interstate commerce
0%
0 Activity vs. Non-activity test
0%
2 Aggregate effects of many cases
0%
3b(3) ample alternatives
0%
2 and that incitement must be in the context that something violent could likely occur
0%
2 are there judicially manageable standards?
0%
1 Ask if the speech is related to a government interest
0%
1 atypical and significant hardships
0%
3 Balancing test from Matthews v. Eldridge (Powell)
0%
1 Balancing test (Vinson)
0%
2a balancing test: weigh the local benefits with the burden on interstate commerce (Powell)
0%
0 Categories of CC regulation
0%
1 clear and present danger of substantive evils (Holmes)
0%
2 compelling government interest
0%
2a compelling govt interest (Roe v. Wade, Griswold v. Connecticut)
0%
1 concrete injury
0%
4 congress can regulate non-commercial intrastate activity if the regulation is essential to interstate commerce
0%
3 court can remedy the injury
0%
cases Craig v. Boren
0%
1 Determine if the activity is economic or non-economic
0%
1b discounted by its improbability
0%
0 Dormant Commerce Clause
0%
0 Due Process for Prisoners
0%
0 Economic vs. Non-economic activity
0%
0 EP Fundamental Interest
0%
0 EP Intermediate Scrutiny
0%
0 EP Rational basis+
0%
0 EP Rational basis test
0%
0 EP Strict Scrutiny
0%
1 Even if Congress is regulating something economic, they cannot regulate inactivity
0%
1 fundamental interest at stake (voting, criminal justice process)
0%
cases Harper v. Virginia, Kramer v. School District
0%
1 If a state statute is facially discriminatory
0%
2 If a state statute is not facially discriminatory
0%
2 If economic, use the rational basis test
0%
2 if no, go to Brandenburg strict scrutiny
0%
3a If non-economic, you cannot aggregate the impact of the case
0%
2 If no, use a rational basis test
0%
3a If no, use Brandenburg strict scrutiny
0%
2 If so, what process is due?
0%
3b If yes, intermediate scrutiny
0%
3 If yes, is the reason for stopping content neutral?
0%
2 If yes, see if there has been selective enforcement
0%
3 if yes, use an intermediate scrutiny
0%
2 | 3a important government interest
0%
1 incite or urge an immediate evil (Hand)
0%
2 Is it a fundamental right? look to history and societal views
0%
3 Is it an ordinary liberty interest? (economic regulations)
0%
1 Is it a public forum?
0%
3 Is it impossible to decide without using policy outside of judicial discretion?
0%
1 Is the government taking away life, liberty, or property?
0%
1 is there a constitutional commitment to a different political department?
0%
created by Jackson concurrence in Youngstown Sheet and Tube
0%
1c justifies an invasion of free speech as is necessary to avoid danger
0%
2 | 4 legit government interest
0%
cases Lopez, Morrison
0%
1 Must be inciting
0%
2c | 3 | 3b | 3b(2) narrowly tailored
0%
1 No distinction between production/trade or direct/indirect effect
0%
2b no undue burden (Casey)
0%
cases NYC Transit v. Beazer
0%
1 ordinary class
0%
1 ordinary+ classes (disability, sexual preference)
0%
0 political question doctrine
0%
1b presumed invalid
0%
1 probable and natural tendency is to cause bad action
0%
0 Procedural Due Process
0%
3 rational basis for deciding if the activity has a substantial effect on interstate commerce
0%
0 Rational basis test for CC
0%
3 | 5 rationally related
0%
3 reasonably related
0%
cases Romer v. Evans, Cleburne v. Cleburne Living Center
0%
cases Sebelius
0%
1 See if it is facially neutral
0%
3b see if there is a jurisprudential nexus
0%
1 semi-suspect class (gender)
0%
0 Separation of Powers test
0%
cases SFFA v. Harvard, Parents Involved v. Seattle School District
0%
3b(1) significant government interest
0%
0 Standing
0%
0 State Action
0%
3 substantially related
0%
0 Substantive Due Process
0%
1 suspect class (race)
0%
2 the instrumentalities of interstate commerce
0%
2b the state has approved, encourage, or facilitated a private conduct
0%
2a the state has become entangled with a private entity
0%
1 the state has delegated a traditional state function to a private entity
0%
1 the use of the channels of interstate commerce
0%
1a they must have a compelling and state specific interest to allow it
0%
2 traceable to defendant's conduct
0%
3c What is the government’s interest in the function and the burden? (Most important)
0%
1 what is the liberty interest involved?
0%
3b What is the risk of an erroneous deprivation of the interest through the procedures used?
0%
3a what private interest is impacted?
0%
3 When Congress has explicitly or implicitly denied authorization to POTUS = POTUS is acting at his lowest levels of powers
0%
1 When Congress has explicitly or implicitly granted authorization to POTUS = POTUS is acting at his highest powers
0%
2 When Congress is silent on a matter = POTUS can only act on his independent powers
0%
1a whether the gravity of the evil
0%
cases Wickard, Katzenbach, Raich
0%
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