MBE CON LAW

Question 1

What is executive privilege?
Vs what is presidential privilege?

Answer 1

Exec- protects disclosure of confidential info by the executive to another branch of govt
Pres- protects communication made in performance of presidential duties for decisions/policy

Question 2

If Congress passes a statute authorizing the president to appoint a director w/ senate approval, may the president unilaterally remove?

Answer 2

Yes (presidential authority to remove = strict)

Question 3

An exaction is…

Answer 3

A taking through a CONDITION to obtain a building permit
*always consider PROPORTIONALITY and remember that a taking is ANY physical and permanent occupation of private property w/o just comp (ex prohibiting the ability to transfer even 0.01% of a rightful interest in natural resources)

Question 4

Distinguish who do these apply to: (individuals/groups or everyone)
Equal Protection claims?
Due Process claims?

Answer 4

EP - individuals/groups
DP - everyone

Question 5

A state tax is valid if___________________ and _________________

Answer 5

It is nondiscriminatory and does not tax the federal govt