Power

Question 1

Federal Government Powers

Answer 1

Judicial power, legislative power, and executive power

Question 2

State or Local Government Powers

Answer 2

State and local governments have the police power to protect health, safety, welfare, and morals

Question 3

Federal Judicial Power Requirements

Answer 3

Article III Case and Controversy Requirement, Jurisdiction, Creation, Eleventh Amendment Immunity

Question 4

Ripe

Answer 4

Must be an immediate threat of harm

Question 5

Moot

Answer 5

Must be a live controversy at all stages of litigation unless controversy capable of repetition yet evading review, defendant voluntarily ceases, or class action representative claim moot with class member claims still viable

Question 6

Standing

Answer 6

Litigant myst have a concrete stake in the outcome

Question 7

Individual Standing

Answer 7

Requires an: (1) injury in fact; (2) causation; and (3) redressability

Question 8

Organizational Standing

Answer 8

(1) Individual member standing; (2) germane to organizational purpose; and (3) individual member participation is not required

Question 9

Taxpayer Standing

Answer 9

No general citizenship standing unless challenging government tax and spending measures under the Establishment Clause

Question 10

Third-Party Standing

Answer 10

(1) claimant must have standing on his or her own; and (2) it must be difficult for the third-party to assert rights or there must be a special relationship

Question 11

Pullman Abstention

Answer 11

Federal court can abstain based on unsettled state law

Question 12

Younger Abstention

Answer 12

Federal court will not enjoin pending criminal proceedings absent proven harassment or bad faith

Question 13

Political Question

Answer 13

Constitutional commitment to another branch and lack of judicially manageable standards

Question 14

Original Jurisdiction

Answer 14

Supreme Court has original jurisdiction affecting ambassadors, public ministers, consuls, and party states

Question 15

Appellate Jurisdiction

Answer 15

Supreme Court has appellate jurisdiction in all federal power cases subject to congressional exceptions and regulations

Question 16

Writ

Answer 16

Discretionary review, petition request for all cases from federal courts of appeals and only state courts involving constitutional or federal law

Question 17

Appeal

Answer 17

Mandatory review, three-judge district court panels

Question 18

Adequate and Independent State grounds

Answer 18

State decision based on state law grounds such that decision by U.S. Supreme Court would constitute an advisory decision on US law and thus not change the outcome of the case, the Supreme Court will not here the case

Question 19

Creation

Answer 19

Congress can establish lower courts (i.e., limits on subject matter jurisdiction) and congress can broadly regulate subject to Article III requirements

Question 20

Eleventh Amendment

Answer 20

Prohibits federal courts from hearing private party or foreign government claims against states

Question 21

Eleventh Amendment Exceptions

Answer 21

Local municipalities, actions by United States or other states, state officer suits to enjoin future constitutional or federal law violations or actions for damages against officer personally payment, state consent (must be unequivocal and express), or Congressional abrogation

Question 22

Interstate Commerce Power

Answer 22

Congress may enact legislation the regulates channels, instrumentalities, or activities that have a substantial effect on interstate commerce

Question 23

Taxing Power

Answer 23

Congress can enact legislation if there is some reasonable relationship to revenue production or independent congressional power to regulate

Question 24

War

Answer 24

Congress can declare war, raise armies and provide for navy, and U.S. citizens have a meaningful opportunity to contest the detention of enemy combatants before a neutral decision-maker

Question 25

Other Legislative Powers

Answer 25

Implied investigator power, property power, postal power, bankruptcy, plenary neutralization/citizenship, admiralty power, coin money and fix weights and measures, parent and copyright power, Thirteenth Amendment power, Fourteenth Amendment Power, Fifteenth Amendment, delegation power, speech and debate clause, no legislative veto without bicameralism and presentment, and necessary and proper clause

Question 26

Fourteenth Amendment

Answer 26

Congress can enforce, by appropriate legislation (congruent and proportional), to remedy rather than create constitutional rights against states

Question 27

Thirteenth Amendment

Answer 27

Congress can outlaw badges and incidents of slavery

Question 28

Fifteenth Amendment

Answer 28

Congress can enact legislation to enforce voting rights

Question 29

Appointment Power

Answer 29

The executive branch may appoint ambassadors, public ministers, consuls, justices, and officers with advice and consent of the Senate

Question 30

Removal of Superior Officers

Answer 30

Superior officers can be removed by the executive branch without congressional interference

Question 31

Removal of Inferior Officers

Answer 31

Inferior officers can be removed only for good cause if provided by statute

Question 32

Pardon Power

Answer 32

The executive branch can pardon for all federal offenses but not if impeached or held in contempt

Question 33

Veto Power

Answer 33

The executive branch has veto power; Congress may override veto by 2/3 vote in each house, there will be an automatic veto if Congress is not in session during the 10 day veto review period; there cannot be any line item vetoes

Question 34

Foreign Affairs

Answer 34

The executive branch does not have the power to declare ware but has military power in actual hostilities, has the power to represent the U.S. in foreign relations, has treaty power to enter into a treaty with advice and consent of 2/3 senate, and may make executive agreements without consent of the senate

Question 35

Executive Privilege

Answer 35

The executive branch is given great deference unless a demonstrated need in criminal proceedings

Question 36

Executive Immunity

Answer 36

The executive branch has absolute immunity from civil damages based on action within the executive’s official responsibilities

Question 37

Impeachment Limits

Answer 37

To impeach there must be treason, high crimes, bribery, and misdemeanors with majority of house to impeach and 2/3 of senate to convict and remove from office