CONSTITUTIONAL LAW

Question 1

Standing

Answer 1

In order to have standing to bring suit in federal court, a plaintiff must have:

1) an injury-in-fact, must be concrete;

2) causation, a causal link between the plaintiff’s harm and the defendant’s actions; AND

3) redressability, the plaintiff would have a remedy if they prevailed.

Question 2

Justiciability

Answer 2

For a case to be justiciable:

1) cannot be moot;

2) must be ripe (the court must have a live case or controversy);

3) Not an advisory opinion;

4) No political questions (it would encroach into another branch of government)

Question 3

Adequate and Independent state grounds

Answer 3

The Supreme Court cannot hear a case that rests solely on adequate and independent state grounds.

Test: If the reversal of the federal decision would not change the outcome of the state decision, the Court cannot hear the case.

Question 4

Abstention

Answer 4

Generally, a federal court shall not enjoin pending state court proceedings unless the case is brought in bad faith or for harassment.

Question 5

Necessary and Proper Clause

Answer 5

Congress has the ability to pass laws that would assist in the carrying out of their other enumerated powers. This clause must be used in conjunction with another power and cannot stand alone.

Question 6

Taxing Clause

Answer 6

Congress is vested with the power to tax for the general welfare if the tax is reasonably related to revenue generation.

Question 7

Spending Clause

Answer 7

Congress may spend for the general welfare.

Congress can condition the receipt of funds as long as it is 1) reasonably related, and not 2) unduly coercive.

Question 8

Anti-Commandeering Principle

Answer 8

Congress may not force a state to act or enforce federal legislation.

Exception: may incentivize with federal funding.

Question 9

Commerce Clause

Answer 9

Congress has the plenary power to regulated interstate commerce. This includes (CIA):

C: Channels of interstate commerce;

I: Instrumentalities; AND

A: Anything that has a substantial effect on interstate commerce.

Question 10

Delegation

Answer 10

Congress may delegate legislative power to another branch of government as long as it provides intelligible standards to do so and it is not uniquely delegated to Congress by the Constitution.

Question 11

Does Congress have a police power?

Answer 11

No. Congress has a MILD police power to control.

M: Military Bases;

I: Indian Reservations;

L: Federal Land; AND

D: D.C.

Question 12

Legislative Veto

Answer 12

Unconstitutional exercise of overturning an action by the executive branch.

Question 13

President’s Veto Power

Answer 13

The President has the power to veto prospective legislation, but this can be overriden by a 2/3 majority vote by Congress.

Question 14

Line Item Veto

Answer 14

An act of crossing certain portions of a bill by the President that has been deemed unconstitutional.

Question 15

Foreign Affairs

Answer 15

The President has broad control over foreign affairs.

Question 16

Treaties and Executive Agreements

Answer 16

The President may enter into a treaty with 2/3 Senate vote.

The President may enter into agreements with heads of foreign nations.

Question 17

Presidential Immunity

Answer 17

The President is free from civil liability for actions taken in their official capacity.

Question 18

11th Amendment State Sovereignty

Answer 18

Citizens of a state may not sue another state in federal court.

Exceptions:

1) the state waives sovereignty;

2) the suit seeks injunctive relief from a state official;

3) the state official is named personally liable; AND

4) Congress expressly waives sovereignty for the state.

Question 19

Original Jurisdiction of the Supreme Court

Answer 19

The Supreme Court has original jurisdiction over cases involving (APS), ambassadors, public ministers, and where the state is a party.

Question 20

Appellate Jurisdiction of the Supreme Court

Answer 20

The Supreme Court has appellate jurisdiction over final judgments of the highest court in the state if the case has a federal issue and there are no independent and adequate state grounds.

Question 21

Supremacy Clause

Answer 21

Under the Supremacy Clause, federal law is supreme and prevails over conflicting state law.

Question 22

Preemption

Answer 22

Express Preemption: States may not pass laws where Congress has expressly prohibited.

Implied Preemption: States may not pass laws that:

a) conflict with federal law;

b) interferes with a federal objective; OR

c) Congress intended to “occupy the field.”

Question 23

Can a State regulate or tax the federal government?

Answer 23

NO!

Exception: State may tax federal employees.

Question 24

10th Amendment and Federalism

Answer 24

Any powers not given to the federal government are reserved for the states.

States may not compel states to enforce federal legislation, but they may incentivize through federal funding.

Question 25

Article IV Privileges and Immunities Clause

Answer 25

States may not discriminate against out-of-state citizens with respect to fundamental rights. Discriminatory legislation may be upheld if there is a substantial justification and no less restrictive means.

Question 26

The Fourteenth Amendment Privileges and Immunities Clause

Answer 26

States may not pass laws that would restrict access to vital governmental services to newcomers because it would interfere with the fundamental right to interstate travel.

Question 27

Dormant Commerce Clause

Answer 27

A state may not pass laws that discriminate against out-of-state commerce, unduly burden interstate commerce, or wholly regulate out-of-sate activity. *These laws are subject to strict scrutiny. *Most tested exception: a state may discriminate against interestate commerce when it is acting as a market-participant.

Question 28

Full Faith and Credit Clause

Answer 28

States must enforce judgment of other states if the rendering court had jurisdiction and the judgment was final and on the merits.

Question 29

The Due Process Clause

Answer 29

The Due Process Clause is contained in the Fifth Amendment of the U.S. Constitution and applies to the States through the Fourteenth Amendment.

Question 30

Procedural Due Process

Answer 30

The government may not intentionally deprive someone of life, liberty, or property without notice and an opportunity to be heard. *Property includes public education and employment that is not at-will employment.

Question 31

Substantive Due Process Standards? Rights?

Answer 31

When the government seeks to infringe on a fundamental right, the burden is on the government to demonstrate the law is necessary to compelling interest. Privacy Rights (MCSOF - Marriage, contraception, sexual relations, obscenity, and family), Right to Vote, Interstate travel, and to refuse medical treatment. Rational basis will apply to everything else (rationally related to a legitimate government interest). The burden is on the challenger.

Question 32

The Equal Protection Clause

Answer 32

Applies to the States through the Fourteenth Amendment and the Fifth Amendment Due Process Clause. When the government seeks to create a regulation on a certain class of individuals, the law must pass Constitutional muster. Classification: Fundamental Rights: Strict Scrutiny (necessary to acheive a compelling interest); Gender and Legitimacy: Intermediate Scrutiny (substantially related to an important government interest); Everything else (i.e., age, education, and socioeconomic status): Rational Basis (rationally related to a legitimate interest).

Question 33

The Contracts Clause

Answer 33

The government may not pass legislation that that substantially impairs preexisting contracts unless it serves an important and legitimate public interest and is narrowly tailored.

Question 34

Ex Post Facto Laws

Answer 34

The government may not pass legislation that retroactively alters a criminal law in a substantially prejudicial manner for the purpose of punishment.

Question 35

Bill of Attainder

Answer 35

The government may not pass legislation that seeks to punish a specified group without a trial.

Question 36

Unconstitutional conditions

Answer 36

The government may not condition the receipt of government benefits on the waiver of a constitutionally protected right.

Question 37

Takings Clause

Answer 37

The government may not take private property for public use without just compensation. A taking can be physical or through a regulation that deprives the property of all economic value.

Question 38

State Action Requirement

Answer 38

The protections afforded through the federal constitution are only triggered by state action. State action is present when a private actor is performing a traditional and exclusive government function, or if the action is so intertwined with the federal government, it is an extension of federal operation.