ConLaw Deck

Question 1

The Supreme Court has original jurisdiction in all cases affecting (i) _____________, and to all cases in which a (ii) ________ is a party, but Congress has given (iii) _______ jurisdiction to lower federal courts in all cases except those between (iv) ________.

Answer 1

(i) ambassadors; (ii) state; (iii) concurrent; (iv) states

Question 2

The Supreme Court has complete (i) ________ to hear cases that come to it by (ii) _______. These cases include any case from state courts where the (iii) ______ of a federal statute, treaty, or state statute is in issue, or where a state violates (iv) _______ law. The Supreme Court may hear all cases from the federal courts of (v) ______ by certiorari.

Answer 2

(i) discretion; (ii) certiorari; (iii) constitutionality; (iv) federal; (v) appeals

Question 3

Whether a case is (i) _______ depend on whether there is a (ii) case or _________.

Answer 3

(i) justiciable; (ii) controversy

Question 4

The Federal Courts cannot issue (i) _____ opinions; there must be a (ii) ______ harm or threat of a specific future harm.

Answer 4

(i) advisory; (ii) present

Question 5

If a case has been resolved, it will be dismissed as (i) _____, except if it is a case capable of (ii) __________ evading review.

Answer 5

(i) moot; (ii) repetition

Question 6

To establish standing, a party must have (i) ______ in _____ (concrete and particularized), must show (ii) ________ and (iii) ________.

Answer 6

(i) injury in fact; (ii) causation; (iii) redressability

Question 7

Congress cannot bypass the (i) ________ requirement, though it may create new interests in legislation

Answer 7

(i) standing

Question 8

A plaintiff may have standing to enforce a federal statute if he is in the (i) _____ of ______

Answer 8

(i) zone of interest

Question 9

While a taxpayer generally cannot demonstrate standing to attack tax collections or expenditures, a citizen may rely on the first amendment and taxation to establish grounds for an (i) __________ case.

Answer 9

(i) establishment

Question 10

The Supreme Court will not exercise jurisdiction if state court judgment is based on (i) __________ and ______ state law grounds.

Answer 10

(i) adequate and independent

Question 11

Political questions will not be decided. These are issues that are (1) _______ committed to another branch of government or (2) ___________ ______ of judicial resolution

Answer 11

(1) constitutionally; (2) inherently incapable

Question 12

The Eleventh Amendment prohibits (i) _____ courts from hearing a private party’s or foreign government’s claims against a (ii) ______ government. This includes cases where the state is a (iii) _______ or where the sate will have to pay (iv) ___________. Similarly, the doctrine of sovereign immunity bars suits against a state government in state court, unless the court has (v) ______ its immunity.

Answer 12

(i) federal; (ii) state; (iii) party; (iv) damages; (v) immunity

Question 13

While states cannot be sued in federal court, there are two exceptions for a state officer, who can be sued to (i) ________ future action in violation of the Constitution or federal law or (ii) damages against the officer _______.

Answer 13

(i) enjoin; (ii) personally

Question 14

Congress has the enumerated powers in the Constitution plus all (i) _______ and ______ powers vested in the federal government. That said, Congress needs an additional authority to create a law.

Answer 14

(i) necessary and proper

Question 15

Congress has the power to tax, and most taxes will be upheld if they bear some (i) _______ relation to (ii) ______ production, or if Congress has the power to (iii) _______ the activity taxed.

Answer 15

(i) reasonable; (ii) revenue; (iii) regulate

Question 16

Congress can spend to provide for the (i) ______ ______ and (ii) ______ ______.

Answer 16

(i) common defense; (ii) general welfare

Question 17

Congress has the power to regulate (i) ______ and (ii) _______ Commerce. To be within the Commerce Clause, a federal law related to interstate commerce must either: (iii) regulate the _________ of commerce, (iv) regulate the _______ of commerce, or (v) regulate activities that have a _______ ______ on interstate commerce.

Answer 17

(i) foreign; (ii) interstate; (iii) channels; (iv) instruments; (v) substantial effect

Question 18

Under interstate activity, the Court will uphold regulation of economic or commercial activity if there is a (i) _____ _____ on which Congress could conclude that the activity substantially affects interstate commerce. But if the regulated activity is noncommercial and non-economic, Congress must show a substantial (ii) _____ effect.

Answer 18

(i) rational basis; (ii) economic

Question 19

Congressional (i) ______ must be expressly or impliedly authorized by the appropriate congressional house.

Answer 19

(i) investigation

Question 20

Under the (i) ______ power / clause, Congress has the power to dispose of and make rules for (ii) _______ and other properties of the (iii) _______ _______.

Answer 20

(i) property; (ii) territories; (iii) United States

Question 21

While the US Government has not federal police Power, Congress has police power of the _______ of _____.

Answer 21

District of Columbia

Question 22

Congress’s (i) _____ power is nonexclusive, and states may legislate bankruptcy law so long as it is not in conflict with federal law.

Answer 22

(i) bankruptcy

Question 23

Congress’s (i) ______ power is exclusive, and Congress cannot deprive any citizen of mail privilege.

Answer 23

(i) postal

Question 24

Aliens have no right to enter the US and can be summarily refused entry based on their (i) ______ beliefs. However, (ii) ______ aliens are entitled to (iii) _____ and ______ before deportation.

Answer 24

(i) political; (ii) resident; (iii) notice and hearing

Question 25

Congress may (i) _____ power to the executive or judicial branch so long as an (ii) _________ standard is set and the power is not uniquely Congressional (e.g., to declare war, impeach)

Answer 25

(i) delegate; (ii) intelligible

Question 26

Attempts to create laws that bypass bicameralism are (i) _______

Answer 26

invalid

Question 27

The President appoints ambassadors, justices, and other officers with the (i) ______ and ______ of the Senate. Congress itself (ii) ____ _____ appoint members of a body with administrative or enforcement powers.

Answer 27

(i) advice and consent; (ii) may not

Question 28

A veto-override is (i) ____-______ majority.

Answer 28

Two-thirds

Question 29

If the President fails to exercise a veto in 10 days, and Congress is in session, the act becomes (i) ______; if Congress is out of session, the act is (ii) ______.

Answer 29

(i) law; (ii) vetoed

Question 30

If the President acts where Congress is silent, his action will be upheld unless it (i) _____ the power of another government branch

Answer 30

(i) usurps

Question 31

The President has no power to (i) _____ to spend appropriate funds when Congress has expressly mandated that they be spent

Answer 31

(i) refuse

Question 32

A (i) _______ requires 2/3 Senate approval, and is the (ii) ______ law of the land, if it is self-executing. A conflict between a Congressional Act and a Treaty is resolved by order of adoption: the (iii) _____ in time prevails.

Answer 32

(i) treaty; (ii) supreme; (iii) last

Question 33

Executive Agreements can be used in the absence of treaties. They do not require the consent of the Senate. If a (i) ______ law conflicts with an executive agreement, the agreement prevails. If a (ii) ______ law conflicts with an executive agreement, the federal law prevails.

Answer 33

(i) state; (ii) federal

Question 34

The President has (i) ______ ______ from civil damages based on any action he took within his official responsibilities.

Answer 34

(i) absolute immunity

Question 35

The President lacks immunity from (i) _______ court criminal subpoenas

Answer 35

(i) state

Question 36

A federal law may (i) ______ provide that states may not adopt laws concerning the subject matter. (ii) _______ preemption applies with state and federal laws (iii) ______, where the state prevents the (iv) _____ of a federal objective, or where there is (v) ______ preemption. In general, there is a presumption against finding preemption for state police powers, unless there is a clear and (vi) ______ purpose of Congress

Answer 36

(i) expressly; (ii) implied; (iii) conflict; (iv) achievement; (v) field; (vi) manifest

Question 37

Congressional consent is required for (i) _____ _____ clauses, if the agreements increase state power at the expense of federal power.

Answer 37

(i) interstate compact clauses

Question 38

While the US can sue a state without its consent, a state cannot sue the (i) ____ without its consent

Answer 38

(i) US

Question 39

A law that taxes only state or local governments is likely invalid under the (i) _____ amendment

Answer 39

(i) tenth

Question 40

Limits on congressional grants must be (i) ____ stated, (ii) ______ to the purpose of the program, and (iii) not ______ ______.

Answer 40

(i) clearly; (ii) related; (iii) not unduly coercive

Question 41

Congress may not require state officials to (i) ______ federal laws (no commandeering)

Answer 41

(i) enforce

Question 42

The Article IV privileges and immunities clause prohibits state discrimination against (i) ____-______ on the subjects of fundamental rights (commercial activity, civil liberties). It still may be ok if the state can show (ii) ______ justification, and that three are no less (iii) _____ means to achieve the policy.

Answer 42

(i) non-residents; (ii) substantial; (iii) restrictive

Question 43

The Fourteenth Amendment prohibits states from denying their citizens the privileges and immunities of (i) ______ citizenship, including the right to vote and the right to travel.

Answer 43

(i) national

Question 44

When congress regulates commerce, state and local law are likely (i) _______ (unless Congress notes otherwise).

Answer 44

(i) preempted

Question 45

Congress may expressly grant states the right to create regulations that would otherwise violate the (i) ______ clause.

Answer 45

Commerce

Question 46

A state cannot regulate commerce that is (i) __________ against, or (i) _______ burdens, interstate commerce

Answer 46

(i) discriminatory; (ii) unduly

Question 47

Under the ________- Amendment's Enabling Clause, Congress can prohibit racially discriminatory action by anyone (the government or private citizen).

Answer 47

Thirteenth

Question 48

Congress may prohibits racial discrimination in activities that have a (i) _______ effect on interstate commerce

Answer 48

(i) effect

Question 49

In general, to allege a constitutional violation, a plaintiff must show (i) _____ action. This can extend to situations where private organizations (ii) ______ as the government and where the government is (iii) _____ involved.

Answer 49

(i) state; (ii) function: 9iii) substantially

Question 50

The Contracts Clause limits the ability of (i) ______ to pass laws that retroactively impact contracts. If the legislation impairs private contracts, the courts apply (ii) ______ scrutiny, meaning that the legislation must serve an (iii) ______ state interest and be (iv) _________ tailored to promote the interest. Legislation that impairs a contract to which the state is a party is tested on (v) _____ scrutiny, especially if the legislation reduces the burden on the state.

Answer 50

(i) states; (ii) intermediate; (iii) important; (iv) narrowly; (v) strict

Question 51

The state or federal government may not pass an (i) __ ____ law that alters criminal offenses.

Answer 51

(i) ex posto

Question 52

Bills of Attainder are legislative acts that inflict (i) _______ on (ii) _______ without a (iii) ______.

Answer 52

(i) punishment; (ii) individuals; (iii) trial

Question 53

Procedural due process refers to an individual's (i) ______, (ii) ___________ (including the right to work and contract), and (iii) ______ (including welfare entitlements).

Answer 53

(i) life; (ii) liberty; (iii) property

Question 54

Procedural due process always requires fair (i) _____ and an (ii) _____ decision maker. (iii) _______ and the chance to (iv) ________ are usually required. Thereafter, the government will balance the process against the important of the interest to the individual, the value of procedural safeguards, and the government interest in efficiency.

Answer 54

(i) process; (ii) unbiased; (iii) notice; (iv) respond

Question 55

For (i) _________ rights (e.g, marriage license), the government must (ii) ____ fees for indigent citizens.

Answer 55

(i) fundamental; (ii) waive

Question 56

The Fifth Amendment provides that (i) ______ property may not be taken for (ii) _____ use without (iii) _____ compensation. The use must be (iv) ______ related to a (v) _________ public purpose (including economic development).

Answer 56

(i) private; (ii) public; (iii) just; (iv) rationally; (v) legitimate

Question 57

A "taking" is liekly to be found (more than mere regulation) if there is an (i) ______ or _______ appropriation of property, or if the regulation denies all (ii) ____ value to the land. However, emergency or temporary takings are not takings.

Answer 57

(i) actual or physical; (ii) economic

Question 58

For strict scrutiny, the burden is on the (i) ________. It relates to regulations on (ii) _______ rights (interstate travel, privacy, voting, and First Amendment rights) and to laws relating to (iii) ______ classes (race, national origin, and alienage). The government must show the law is (iv) ______ to achieve a (v) _______ government purpose, and will be invalidated if there is a (vi) less ________ alternative to achieve the goal.

Answer 58

(i) government; (ii) fundamental; (iii) suspect; (iv) necessary; (v) compelling; (vi) burdensome

Question 59

For intermediate scrutiny, the burden is on the (i) _____ . (ii) _____-_________ classifications (gender and legitimacy) are reviewed under this standard. The law will be upheld if it is (iii) ____________ related to an (iv) _________ government interest.

Answer 59

(i) government; (ii) quasi-suspect; (iii) substantially; (iv) important

Question 60

For rational basis, the burden is on the (i) _______. This is most laws, and includes classes like age, disability, economic condition. The law will be upheld unless the challenger can show it is not (i) _______ related to a (ii) _________ government interest. Must show it is arbitrary and capricious.

Answer 60

(i) rationally; (ii) legitimate

Question 61

The Due Process Clause of the Fifth Amendment applies to the (i) _______ government; the Due Process Clause of the Fourteenth Amendment applies to the (ii) ____ and local governments.

Answer 61

(i) Federal; (ii) State

Question 62

When a (i) ______ right is limited and challenged under due process, the court will apply the (ii) ________ scrutiny standard. All other cases will use (iii) _____ basis.

Answer 62

(i) fundamental; (ii) strict; (iii) rational

Question 63

If a regulation affects a specific class of people, it should be evaluated under the (i) __________ protection regime of the (ii) ________ amendment. Consider non-suspect, (iii) _____-suspect, and (iv) ________ class methods of analysis. If, instead, the regulation affects everyone, it should be examined as a (v) _____ ____ violation. If it's a (vi) ________ right, use (vii) _____ scrutiny. If it's not a fundamental right, use (viii) _____ ______.

Answer 63

(i) equal; (ii) fourteenth; (iii) quasi; (iv) suspect; (v) due process; (vi) fundamental; (vii) strict; (viii) rational basis

Question 64

Discriminatory intent (for equal protection violations) can be shown by a (i) ______ discriminatory law, a law that is (ii) _________ in application but facially neutral, or a law that has a discriminatory (iii) ________. A facially neutral law cannot merely have a discriminatory effect -- there must be motive or discriminatory application.

Answer 64

(i) facially; (ii) discriminatory; (iii) motive

Question 65

The government has a (i) _______ state interest in remedying past (ii) ___________ against a racial or ethnic minority, where the past discrimination was (iii) _______ and identifiable.

Answer 65

(i) compelling; (ii) discrimination; (iii) persistent

Question 66

A state may discriminate against alien participation in state government and the (i) _____-______ process. This includes voting, jury service, serving in elected officer, being a police officer, and a secondary schoolteacher.

Answer 66

(i) self-government

Question 67

The right to privacy includes the right to (i) _____, (ii) ________, (iii) ________, and (iv) child-______.

Answer 67

(i) marriage; (ii) procreation; (iii) contraception; (iv) child-rearing

Question 68

Abortion: before viability, a state may adopt a regulation protecting the mother's health and the life of the fetus if the regulation does not place an (i) ____ ______ or substantial obstacle on access to abortion. Post-viability, the state cannot prohibit abortion if it is necessary to protect the women's (ii) ______.

Answer 68

(i) undue burden; (ii) health

Question 69

The right to privacy includes the right to (i) _______, but not the right to sell, purchase, or distribute pornography.

Answer 69

(i) pornography

Question 70

There is no privacy right that prohibits the state from gathering citizen (i) ______

Answer 70

(i) data

Question 71

States must use almost (i) _______ mathematical equality to design congressional districts (though not required of the census allocation). For state districts, the variance in population must not be unjustifiably large (>16%).

Answer 71

(i) exact

Question 72

An individual has a fundamental right to (i) ______ from state to state and to be treated equally after moving into a new state. Short residency requirements (30 days) may be ok, but generally a 1-year residency requirement will not work.

Answer 72

(i) migrate

Question 73

The first amendment restricts government regulation of (i) _______ speech.

Answer 73

private

Question 74

The government cannot (i) __________ first amendment activities of fund recipients through conditional grants

Answer 74

(i) limit

Question 75

A government's placement of a (i) ________ in a public park is government speech, and thus is not subject to the free speech clause scrutinty

Answer 75

monument

Question 76

When the government chooses to fund private organizations, it must be viewpoint neutral, except when it chooses which (i) ______ to fund

Answer 76

(i) artists

Question 77

It is presumptively unconstitutional to place burdens on speech (i) ______. This is subject to intermediate scrutiny

Answer 77

content

Question 78

Limits on the (i) ______ of free speech can be regulated by content-neutral (ii) _____, place, and manner restrictions.

Answer 78

(i) conduct; (ii) time

Question 79

(i) __________ regulation of free speech is usually invalid (e.g., banning all public speech at the airport)

Answer 79

(i) overbroad

Question 80

If a criminal law or regulation fails to give persons reasonable (i) ______ of what is prohibited, it may violate Due Process, and be (ii) _____ for _______.

Answer 80

(i) notice; (ii) void for vagueness

Question 81

Rules that give officials (i) _______ over deciding which speech to allow are generally invalid.

Answer 81

(i) discretion

Question 82

Government regulation of speech in public forums and designated public forums will be held to (i) _____ scrutiny, unless the time, place, and manner limitations are (ii) ______ neutral and (iii) ______ tailored to serve an important government interest (but need not be the most restrictive means), and leave open (iv) ________ channels of communication.

Answer 82

(i) strict; (ii) content; (iii) narrowly; (iv) alternative

Question 83

Obscene speech is not protected. Obscene speech describes or depicts sexual conduct that as a whole, by the average person, (i) _______ to the prurient interest (using a community standard), (ii) is _______ offensive, and (community standard) (iii) lacks ________ value (literary, artistic, political, scientific) (national standard)

Answer 83

(i) appeals; (ii) patently; (iii) serious

Question 84

Government action under the establishment clause will be invalid unless it has a (i) _______ purpose, has a primary effect that neither advances nor inhibits (ii) _____, and does not produce (iii) excessive government ________ with religion.

Answer 84

(i) secular; (ii) religion; (iii) entanglement