Con Law

Question 1

Under the third-party standing doctrine

Answer 1

An injured party may assert a third party’s rights when they share a special relationship (eg, retailer-consumer).

Question 2

Laws that substantially impair a fundamental right are

Answer 2

Almost always unconstitutional under strict scrutiny.

Question 3

Federal officers are persons who hold _____________ AND ________________________ (ie, executive powers). They can only be appointed by the ___________ or in a manner otherwise consistent with the Article II appointments clause—never by ____________.

Answer 3

A continuing public office
Have significant discretionary authority to administer and/or enforce laws
President
Congress

Question 4

The Article I, section 8 commerce clause vests Congress with ____________ to regulate interstate commerce (ie, activities affecting two or more states). This includes:

Answer 4

Broad authority
The channels of interstate commerce (eg, railroads)
The instrumentalities of interstate commerce (eg, trains)
Persons or things moving in interstate commerce (eg, cargo) and
Any activities that, singly or in the aggregate, substantially affect interstate commerce.

Question 5

A person may not be deprived of

Answer 5

Liberty or property without procedural due process

Question 6

Although the Supreme Court has held that nude dancing is

Answer 6

Expressive conduct product by the First Amendment, the Court nevertheless has upheld bans on nude dancing in particular and public nudity more generally

Question 7

The Supremacy clause

Answer 7

Prohibits states from interfering with federal detention by issuing habeas writs

Question 8

Congressional Veto’s are

Answer 8

Always invalid

Question 9

Article III gives the U.S Supreme Court original jurisdiction over cases

Answer 9

That affect an ambassador, public minister or consul

In which a state is party

Question 10

Congress can not

Answer 10

Alter SCOTUS’s original jurisdiction

Question 11

The dormant commerce clause prohibits states from

Answer 11

Discriminating against or unduly burdening interstate commerce

Question 12

The U.S Supreme Court has discretionary jurisdiction to review

Answer 12

Final State court decisions that involve Federal law.

Question 13

Adequate and independent state grounds occurs

Answer 13

When state grounds completely resolve the matter and the court does not rely on federal law to reach that decision

Question 14

The state-action doctrine makes the government

Answer 14

Liable for private conduct that it affirmatively facilities or authorizes. As a result, a court-judgment must comply with the Constitution.

Question 15

Congressional law must

Answer 15

Stem from congress’s enumerated powers

Question 16

Though Congress does not have an enumerated power over marriage and divorce- matters traditionally left to the state the ________ gives congress plenary legislative power the District of Columbia

Answer 16

Enclave Clause

Question 17

Equal Protection principles apply to the federal government through the

Answer 17

5th amendment due process clause

Question 18

Government displays of religious symbols violate the 1st amendment establishment clause unless they satisfy the endorsement test. Under this test, a display is

Answer 18

Prohibited when its overall context would cause a reasonable observer to conclude that the display endorses or disapproves of religion

Question 19

A private actor can be treated as a government actor and be subject to the Constitution under the________.

Answer 19

State action doctrine

Question 20

The state action doctrine applies when

Answer 20

A private actor performs a traditional and exclusive government function or

The government is significantly involved in the private actors activities

Question 21

The taxing and spending clause grants Congress

Answer 21

Exclusive spending power, which allows it to require that the federal funds be spend as directed in duly enacted appropriations statutes.

Question 22

Once the plaintiff’s harm is resolved, his/her claim becomes moot and should be dismissed unless the harm is capable of repetition yet evading review due to a reasonable chance that the same harm will

Answer 22

Affect the plaintiff again and not last long enough to be fully litigated or
The defendant voluntarily stops the challenged action but can resume it at any time

Question 23

The First Amendment protects the right to freely communicate information and ideas, including those transmitted by cable television. As a result, government regulation of cable television is subject to_________ if it is content-based

Answer 23

Strict scrutiny

Question 24

The First Amendment protects the right to freely communicate information and ideas, including those transmitted by cable television. A regulation is subject to _________ if it is content-neutral.

Answer 24

Intermediate Scrutiny

Question 25

Intermediate Scrutiny

Answer 25

Directly advances an important government interest and

Is not substantially more restrictive than necessary to serve that interest

Question 26

There is _______ right to access government information

Answer 26

Constitutional Right

Question 27

There is First Amendment right to publish truthful information, any government restriction on this right is

Answer 27

Unconstitutional unless it survives strict scrutiny