Federal Constitutional Law

Question 1

Pardon power belongs to the

Answer 1

executive

Question 2

Commerce clause falls under

Answer 2

legislative branch

Question 3

Veto power belongs to

Answer 3

executive

Question 4

Taxing power belongs to

Answer 4

legislative branch

Question 5

Appointment power belongs to

Answer 5

executive

Question 6

Spending power belongs to

Answer 6

legislative branch

Question 7

The commander in chief is the

Answer 7

executive

Question 8

Coin money falls under

Answer 8

legislative branch

Question 9

Executive orders and agreements are made by

Answer 9

executive

Question 10

Federal lands are overseen by

Answer 10

legislative branch

Question 11

War is declared by

Answer 11

legislative branch

Question 12

The difference between executive order and agreements is __-

Answer 12

executive orders are domestic and agreements are international

Question 13

Executive orders/agreements cannot conflict with

Answer 13

federal law

Question 14

President can appoint ___

Answer 14

anyone with executive power

Question 15

Executive power means someone has the power to

Answer 15

make rules, regulations, or prosecute

Question 16

Congress cannot ____ to the S. Ct

Answer 16

send an original case

Question 17

What types of courts can congress create

Answer 17

lower federal courts

Question 18

Congress has jurisdiction over ____ cases

Answer 18

appellate

Question 19

Supremacy clause

Answer 19

when federal law conflicts with state law. federal law wins

Question 20

State laws can be ____ than federal law, but not less

Answer 20

more restrictive

Question 21

State’s rights (10th amendment)

Answer 21

When there is no federal law on a subject, states can exercise police power to provide for the health, safety, and welfare of their citizens

Question 22

Congress does not have ____ power

Answer 22

federal police

Question 23

Congress cannot pass a law for the _____

Answer 23

general welfare

Question 24

Congress can ___ and ____ for the general welfare

Answer 24

tax and spend

Question 25

Commandeer rule

Answer 25

congress shall not require a state to do anything

Question 26

Privileges & Immunities Clause

Answer 26

when one state discriminates against residents of another state (non-residents) BECAUSE they are not residents

Question 27

Equal Protection

Answer 27

When a statute treats people differently from other people

Question 28

If people are race, alienage, national origin we apply

Answer 28

strict scrutiny

Question 29

With strict scrutiny, the govt. has burden to prove ___

Answer 29

law is necessary to achieve compelling interest

Question 30

If people are gender, illegitimacy we apply

Answer 30

intermediate scrutiny

Question 31

With intermediate scrutiny, govt. has burden to prove ___

Answer 31

law substantially related to important interest

Question 32

If people are anyone else we apply

Answer 32

rational basis

Question 33

With rational basis, plaintiff has burden to ___

Answer 33

show that the law is not rationally related to legitimate interest

Question 34

Due process

Answer 34

no person shall be deprived of life, liberty, and property without due process of law

Question 35

Two types of DP

Answer 35

``` liberty = substantive property = procedural ```

Question 36

Procedural DP rights

Answer 36

If property is taken away, person has right to notice and hearing

Question 37

Property right questions often involve losing ___

Answer 37

job, license, benefits (public)

Question 38

Substantive DP is when a statute

Answer 38

deprives all people of doing something

Question 39

If fundamental right is restricted we apply

Answer 39

strict scrutiny

Question 40

Fundamental rights are

Answer 40

right to vote, right to free speech, right to interstate travel, contraception, abortion (undue burden), marriage, procreation, education (private), right to raise your family

Question 41

If non fundamental right is restricted we apply

Answer 41

rational basis

Question 42

Free exercise of religion

Answer 42

INDIVIDUAL has right to exercise their religion any manner they choose, as long as they do not violate Law. Look for INTENT behind the law govt is making.

Question 43

Establishment clause

Answer 43

Government is making a law that is too closely related to religion

Question 44

Lemon test for establishment clause Q's

Answer 44

1) Statute has secular purpose-- why is govt. doing this? 2) Govt. cannot promote or inhibit particular religion 3) Govt. cannot get too "entangled" with religion

Question 45

First amendment

Answer 45

right to free speech

Question 46

Govt. cannot ban speech, but they can

Answer 46

regulate speech

Question 47

Content based regulation

Answer 47

Govt. is regulating the words people are saying and we apply strict scrutiny

Question 48

Content neutral regulation

Answer 48

Govt. is regulating the time, place, and manner and we apply intermediate scrutiny. As long as the message gets out, it is reasonable

Question 49

Limitations on bringing cases to court

Answer 49

- Standing - State action - D must be state actor - 13th amendment- exception to state action - Mootness - Ripeness

Question 50

13th amendment exception to state action

Answer 50

allows for a private individual or company to be held liable if the discrimination is based on race. Must be EXPLICIT racial discrimination.

Question 51

Mootness, ripeness are also called

Answer 51

no case or controversy

Question 52

Dormant commerce clause

Answer 52

State is passing a law that discriminates against out of state businesses – generally unconstitutional – exception is if the state who passed the law is acting as market participant which means that the state runs the business (there are no private companies the state runs the whole industry)

Question 53

Bill of Attainder

Answer 53

law that names an individual or group of people and punishes them with civil or criminal penalties – unconstitutional

Question 54

Ex-Post Facto

Answer 54

– a law that makes contact that was legal retroactively illegal – unconstitutional

Question 55

14th amendment applies to

Answer 55

states

Question 56

5th amendment applies to

Answer 56

federal government