Con Law

Question 1

What is the source of judicial power?

Answer 1

Article III

Question 2

Who does the 11th amendment protect?

Answer 2

It protects states and government agencies; not local governments

Question 3

Can congress override 11th amendment immunity?

Answer 3

Yes, when enforcing individuals rights; it can force states to pay money damages but it must say so expressly

Question 4

What are the two ways to establish appellate jurisdiction in the Supreme Court?

Answer 4

Certiorari and Direct Appeal

Question 5

When does adequate and independent state grounds arise? (AISG)

Answer 5

It arises only in the US Supreme Court and it arises only when the Supreme Court reviews a state court judgment

Question 6

What is the rule governing AISG?

Answer 6

The Supreme Court can review a state court judgment only if it turned on federal grounds. The court has no jurisdiction if the judgment below rested on an adequate and independent state ground.

Question 7

What is required in order to have standing?

Answer 7

Standing requires injury, causation, and redressability

Question 8

Standing: Injury?

Answer 8

Must be concrete and not economic

Question 9

Standing: Causation?

Answer 9

A defendants act must have caused or will cause the injury

Question 10

Standing: Redressability?

Answer 10

A court can remedy or redress the injury–if the injury is in the past the redress is damages; if the future injury is threatened the redress is an injunction

Question 11

When do taxpayers have standing? When do they not have standing?

Answer 11

Taxpayers always have standing to challenge their own tax liability; however, taxpayers do not have standing to challenge government expenditures

Question 12

What is the exception to taxpayer standing?

Answer 12

An establishment of religion challenge to a specific congressional appropriation can be challenged by an tax payer

Question 13

What are three commonly wrong answers on the MBE in regards to a federal statute?

Answer 13

1) Promoting the general warfare is not a power of congress; 2) The federal government does not have police power; 3) Necessary and proper clause is not free standing power of congress; it only works as an add on to some other legislative power

Question 14

Under the commerce clause, what congress regulate?

Answer 14

The channels of interstate commerce, the instrumentalities of interstate commerce; and intrastate activity that has a substantial effect on interstate commerce

Question 15

What is anti commandeering?

Answer 15

When Congress cannot force states to adopt or enforce regulatory programs. “It cannot commandeer state and local officers to carry out federal programs”

Question 16

What is the Comity Clause?

Answer 16

Forbids serious discrimination against out of state individuals, absent substantial jsutificaton

Question 17

When is a case ripe?

Answer 17

A case will not be heard if there is not yet a live controversy or immediate threat of harm

Question 18

What is moot

Answer 18

A case will not be heard if a live controversy existed at the time the complaint was filed but has since been eliminated. The exception is if the controversy is capable of repetition yet evading review or voluntary cessation of the activity by the defendant

Question 19

What is state action

Answer 19

For an action to violate the constitution there must be government action. A private person can be considered a government actor if the state is so entangled in the activity or performing functions that are traditionally public functions.