Constitutional Law

Question 1

For purposes of the political question doctrine, when does a case present a nonjusticiable political question?

Answer 1

(1) the Constitution has reserved decision-making on an issue to the executive or legislative branch
and/or
(2) matter is inherently not one that the judiciary can decide; lack of judicially discoverable and manageable standards

Question 2

For purposes of the commerce clause, what 4 factors are used to determine if activities have a substantial effect on interstate commerce that warrants Congress’ regulation?

Answer 2

(1) activity is economic in nature

(2) regulation has a jurisdictional element that limits its reach to activities with direct connection to or effect on interstate commerce

(3) express congressional findings concerning the activity’s effect on interstate commerce

(4) strong link between regulated activities and effect on interstate commerce

Question 3

What are 3 exceptions to a state’s ability to tax federal government affiliates?

Answer 3

(1) Congress granted the affiliate immunity

(2) tax discriminates against the federal government or affiliate

(3) tax substantially interferes with affiliate’s ability to accomplish its federal purpose or duties

Question 4

In what 2 instances is a private actor considered a government actor?

Answer 4

(1) private actor performs traditional and exclusive government function
OR
(2) government is significantly involved in private actor’s activities

Question 5

What are the 3 requirements for standing

Answer 5

(1) injury in fact

(2) causation

(3) redressability

Question 6

What does the Federal Property Clause of the US Constitution give Congress the power to do?

Answer 6

Power to dispose of and make all necessary rules and regulations respecting the territory or other property of the United States

Question 7

What standard is used to determine whether a tax by Congress should be upheld?

Answer 7

The tax only need be rationally related, or have a reasonable relationship, to the revenue production

Question 8

What are 3 instances when federal preemption is implied?

Answer 8

(1) Congress intended for federal law to occupy the field

(2) state law directly conflicts with federal law

(3) state law indirectly conflicts with federal law by creating an obstacle or frustrating the accomplishment of that law’s purpose

Question 9

What standard of review is used for challenges to statutes limiting campaign contributions?

Answer 9

Intermediate scrutiny

Statute must be closely drawn to correspond with a sufficiently important interest

Question 10

What 3 things does the Dormant Commerce Clause prohibit?

Answer 10

(1) states from discriminating against out of state commerce

(2) unduly burdening interstate commerce

(3) regulating extraterritorial activity

Question 11

Under the Dormant Commerce Clause, when does a state discriminate against out-of-state commerce?

Answer 11

State discriminates when it protects local economic interests at the expense of out-of-state competitors

Question 12

What does the Appointments Clause of the US Constitution provide?

Answer 12

President has power to appoint ambassadors, Supreme Court justices and other principal federal officers w/ the Senate’s advice and consent

Congress cannot limit President’s power in selecting nominees

Question 13

Pursuant to procedural due process, what is a state required to do before terminating welfare benefits?

Answer 13

The state must grant notice and hearing BEFORE terminating the person’s welfare benefits