Constitutional Law

Question 1

What scrutiny is applied to Congress’ taxing and spending?

Answer 1

Rational Basis

Question 2

Can Congress condition grants of money under its spending power?

Answer 2

Yes

Question 3

What are two powers of congress that you should never mix together?

Answer 3

Commerce V. Taxing/Spending

Question 4

What is Congress’ most powerful power?

Answer 4

Taxing/Spending

Question 5

The Contracts Clause

Answer 5

Only applies to state laws that retroactively invalidate already existing contracts.
- unless important govt interest, narrowly tailored (intermediate scrutiny)
- 10th amendment usually beats the contracts clause.

Question 6

Is a one time gift or fund or donation by the state government to a private entity enough to deem that private entity a state actor?

Answer 6

NO. The private actor must provide SIGNIFICANT state function, and continuing function to be a state actor.

Question 7

What level of scrutiny is given to age discrimination?

Answer 7

rational basis

Question 8

In a rational basis level case, who has the burden?

Answer 8

The plaintiff (not the state) has the burden to prove the state action was not rationally related to a legit govt interest.

Question 9

What is preemption?

Answer 9

When state and fed laws address the same issue. No actual conflict is needed to trigger preemption. Supremacy clause comes in.

Question 10

What if there is no actual conflict between a state and federal laws? Which one wins?

Answer 10

Ask, did Congress intend to occupy the field? If so, then Fed law wins.

Question 11

When state law is stricter than fed law,

Answer 11

state law is ok. It can stay

Question 12

When state law is looser/less-strict than fed law

Answer 12

Fed law destroys the state law because of supremacy clause.

Question 13

What does the Establishment Clause ask for?

Answer 13

Neutrality towards religion. The Govt cannot coerce anyone to exercise or refrain from the exercise (direct or indirect). Cannot aid, sponsor, establish religion.

Question 14

What is an exception to the Establishment Clause?

Answer 14

If the action is supported by History and Tradition and Founder’s Opinion.

Question 15

What is the procedural due process balancing test?

Answer 15

If no hearing is granted for the rights/interests, we balance it with state/govt interests. Look for words like “outweighs”.

Question 16

How can the press’ right to publish matters of public concern be restricted if at all?

Answer 16

Their right to publish matters of public concern can only be restricted with a narrowly tailored sanction designed to further state interest of highest order.

Question 17

For what restrictions can the Free Exercise Clause not be used to challenge?

Answer 17

Cannot be used to challenge neutral, generally applicable laws that are not motivated by a desire to interfere with religion.

Question 18

When is the ONLY time “general welfare” the correct answer choice for a question regarding CONGRESS?

Answer 18

When General Welfare is paired with taxing and spending!!! Pick it, always.

Question 19

Explain the Commerce Clause

Answer 19

An absolute plenary power for interstate and foreign commerce. Channels, Instrumentalities, Activities. Substantially affects interstate commerce.

Question 20

Can Congress tell troops where to go?

Answer 20

NO NEVER. That would infringe on the president’s authority as commander in chief.

Question 21

What if Congress specifically allows a state to enact legislation around a type of interstate commerce thing?

Answer 21

Then the state may place burdens on that area of interstate commerce as it pleases.

Question 22

If the state is acting as a market participant in interstate commerce but Congress wants to stop them, can Congress do so?

Answer 22

Yes, Congress can stop a state even if they are being a market participant.

Question 23

Can state appellate courts provide advisory opinions?

Answer 23

yes.

Question 24

Can US supreme court provide advisory opinions?

Answer 24

No

Question 25

What are the requirements for US Supreme Court Review of a case? (Judicial Review)

Answer 25

(1) Final judgement was made in (2) the highest court of the state, (3) and substantial federal question exists, and (4) it was not founded on adequate or independent state grounds.

Question 26

Does entering into contracts in reliance on a promise constitute injury in fact?

Answer 26

Yes!

Question 27

Can the president pardon people convicted in state court?

Answer 27

NO. The president can only pardon those convicted of federal offenses in federal court.

Question 28

What level of scrutiny is given to Gender and who carries the burden?

Answer 28

Intermediate. State has burden to prove substantially related to important govt interest.

Question 29

When CAN'T Congress make conditions on money grants?

Answer 29

If the conditions on money grants are UNDULY COERCIVE to states. Example: Make all college tuition free and then we will give you some money. Some states would go bankrupt.

Question 30

Does the EPC apply to federal laws?

Answer 30

NO

Question 31

How to evaluate a state law that raises bus fares that disproportionately impact poor people?

Answer 31

Ask, did the law act irrationally or was it motivated by an intent to discriminate based on race? If not, it is rationally related to legit govt interest of upholding good public transportation.