MCQs

Question 1

What is the taxing and spending clause?

Answer 1

Broad authority given to Congress to spend for the general welfare

Question 2

What does the Article IV privileges and immunities clause (comity clause) prohibit?

Answer 2

Discrimination against citizens of other states by denying them a right of state citizen ship. This includes the right to practice a commercial trade or business–but not to pursue a recreational activity

Question 3

When is a state law invalid under the dormant commerce clause?

Answer 3

If the challenging party shows that the laws burden on interstate commerce clearly exceeded local benefits

Question 4

When do public employees have a protected property right in their employment?

Answer 4

(1) ongoing employment contract;
(2) can only be fired for cause; and OR
(3) receive assurances of continued employment

Employees are then entitled to due process, i.e. notice and a meaningful opportunity to be heard–if the government seeks to discharge them

Question 5

What does the 13th amendment prohibit?

Answer 5

(1) prohibits all government and private entities from engaging in slavery or involuntary servitude; AND

(2) empowers Congress to enact legislation that eliminates involuntary servitude

Question 6

What is the equal protection clause of the 14th Amendment

Answer 6

Constitutional safeguard that individuals or groups can use to challenge laws that treat similarly situated people differently (discriminate)

Question 7

Content-based restrictions on speech are presumptively invalid and will only be upheld if:

Answer 7

they survive strict scrutiny–the government must prove that the restriction is necessary and narrowly tailored to achieve a compelling government interest

Question 8

What kind of forum is a courtroom?

Answer 8

Nonpublic forum because it is government property that is not held open for the free expression of ideas

Question 9

In applying the adequate and independent state grounds limitation on SCOTUS’ review of a state court decision…

Answer 9

SCOTUS will not review a state court decision when the party claiming a federal right is successful under state law.

Question 10

Colorado

Answer 10

Concurrent state and federal law

Question 11

Younger

Answer 11

Criminal

Question 12

Buford

Answer 12

Complex state regulatory scheme

Question 13

Pullman

Answer 13

Unsettled state law

Question 14

What requires a government pre-deprivation hearing?

Answer 14

Termination of welfare benefits–depends on basic need of survival

Question 15

What is an accurate description of the EPC of 14A?

Answer 15

Directly to the states and indirectly to the federal government through the 5A DPC

Question 16

14A protects _____ from infringement by states upon the privileges or immunities of _______ citizenship

Answer 16

citizens; national