Constitutional Law (from missed questions)

Question 1

Import-Export Clause

Answer 1

prohibits states from imposing any tax on an imported good or on commercial activity connected with imported goods without Congress’s consent

Question 2

You cannot limit the # of members of a religious group

Question 3

Federal courts will abstain from enjoining pending state criminal proceedings

Exception:

Answer 3

A federal court will hear the action if it is being conducted in “bad faith” (Ex. harassing the D)

Question 4

In order for a law to be invalid using the rational basis standard, the P must show:

Answer 4

the law is not rationally related to a legitimate government interest

Question 5

U.S. Government and Agencies are immune from state regulations that would interfere with federal activities, functions, and programs

Question 6

What does the judicial branch have the power to do?

Answer 6

Power to adjudicate border disputes

Question 7

Government employees cannot be required to show respect for what?

Answer 7

The flag (Ex. a person might refuse to salute to the flag)

Question 8

Mootness Doctrine: Exception

Answer 8

Controversies capable of repetition but evading review will be heard

Question 9

Charitable solicitations for funds in residential areas are protected by what amendment?

Answer 9

1st

Question 10

Class actions are moot: True or False

Answer 10

False

Question 11

SCOTUS may grant certiorari to review a case from the highest court in the state if a state statute’s validity is called into question under what?

Answer 11

The Constitution

Question 12

You need the ____ and ___ of the Senate in order to enter into a treaty

Answer 12

Advice and Consent

Question 13

There is no compelling interest served by prohibiting aliens from teaching @ a state university

Question 14

Content Neutral Regulation

Answer 14

Must be narrowly tailored to further a significant government interest

Question 15

Adequate and Independent State Grounds

Answer 15

A litigant petitions SCOTUS to review the judgment of a state court which rests upon federal and state laws; SCOTUS does not have jx if the state ground is 1) adequate to support the judgment and 2) independent of the federal law

Question 16

Supreme Court can hear an appellate case by:

Answer 16

1) Writ of Certiorari = discretionary review and court will grant if at least 4 judges vote to accept it
2) Mandatory Appeal = appeals for injunctive decisions by a 3 judge district panel

Question 17

SCOTUS is unclear whether a decision rests on independent and adequate grounds –> you hear the federal issue and remand the state issue to state court

Question 18

Abstention - Federal courts will abstain from hearing a case if:

Answer 18

1) it involves unsettled state law better left to state courts and
2) Federal courts typically decline family law cases

Question 19

Enclave Clause

Answer 19

gives Congress police and regulatory powers over the District of Columbia

Question 20

Speech and Debate Clause

Answer 20

provides immunity to members of Congress and their Congressional aides for actions related to their legislative duties

Question 21

President’s Removal Power: High level officers can be removed without cause

Exception

Answer 21

Must show cause to remove officers performing a judicial/quasi judicial role or officer appointed for a statutorily specified duration

Question 22

Executive Privilege

Answer 22

qualified privilege that protects the President from having to disclose confidential communications related to his/her presidential duties

Question 23

Strict Scrutiny is triggered when:

Answer 23

1) Suspect classification

2) Fundamental Right

Question 24

Procedural Due Process requires:

Answer 24

1) Notice
2) Opportunity to be heard
3) Decision by a neutral arbitrator

Question 25

A restriction on private contracts requires what type of scrutiny?

Answer 25

Intermediate

Question 26

Two regulations that constitute a “taking”

Answer 26

1) Permanent physical occupation or 2) Deprivation of all economically viable use of the property

Question 27

Fundamental Right –> Substantive Due Process if the right is infringed for ALL people

Question 28

Four steps to analyze an equal protection question:

Answer 28

1) Is there a classification by the government?
2) What is the classification?
3) What level of scrutiny applies?
4) Does the government action satisfy the level of scrutiny?

Question 29

Freedom of Association

Answer 29

protects the rights to participate in any club, gathering, or group and is subject to strict scrutiny and can only infringe if there is a compelling government interest

Question 30

Federal courts have jurisdiction to hear cases between 2 or more states or between a state and citizens or another state

Question 31

SCOTUS has original jurisdiction over cases:

Answer 31

1) Involving ambassadors, other public ministers, and consuls
2) Those in which a state is a party

Question 32

Exceptions to the 11th amendment:

Answer 32

1) State has consented
2) Suit is for injunctive relief against a state officer
3) U.S. or another state is the Plaintiff
4) Suit involves a violation of the 13th, 14th, and 15th amendments

Question 33

Non-Justiciable Political Questions

Answer 33

1) Impeachment procedure
2) Gerrymandering
3) Foreign Policy and War
4) Guaranty Clause
5) Amendment ratification procedure

Question 34

Congress can delegate power to appoint inferior officers to:

Answer 34

1) The President
2) The Courts
3) Heads of Executive Departments

Question 35

Congress can only remove an executive branch official by impeachment

Question 36

States can create laws that are more rigorous than federal government

Question 37

A regulation violates the Dormant Commerce Clause when it:

Answer 37

1) Discriminates against out of state commerce
2) Unduly burdens interstate commerce
3) Regulates wholly out of state activity

Question 38

Privileges and Immunities Clause under Article IV

Answer 38

mandates that states cannot discriminate against fundamental rights or essential activities against out of state residents

Question 39

The government may withhold a benefit or privilege (such as bar membership) based on the applicant’s membership in a subversive organization if he:

Answer 39

shares the specific intent to further the organization’s illegal goals

Question 40

Congress can make exceptions to the appellate jurisdiction of SCOTUS

Question 41

Congress’s power to impose taxes is plenary

Question 42

Alienage is a suspect classification

Question 43

Employees of the federal government are not immune from state taxation

Question 44

Congress cannot force a state to enact particular legislation that would violate the 10th Amendment