Con Law

Question 1

A president’s pardon power is

Answer 1

an unqualified power except as to impeachment

Question 2

blanket pardons are

Answer 2

valid

Question 3

what is Congress’s strongest power?

Answer 3

Taxing and spending

Question 4

The Commerce Clause allows Congress to regulate

Answer 4

CIA
channels
instrumentalities
activities in the aggregate that affect commerce

Question 5

when can a 3rd party have standing?

Answer 5

When a seller of goods is challenging a law that adversely affects the rights of her customers
There must be nexus

Question 6

When can the Supreme Court review state court decisions

Answer 6

When there is
- a final judgment
- coming from the highest state court
- with a substantial federal question being raised
- and the decision did not rest only on independent state grounds

Question 7

What is an advisory opinion

Answer 7

a judgment that would have no legal effect on the parties

Question 8

Can state courts administer advisory opinions

Answer 8

Yes

Question 9

Can federal courts administer advisory opinions

Answer 9

No

Question 10

What scrutiny do viewpoint/ content-based regulations on speech receive?

Answer 10

Strict scrutiny because they are presumptively unconstitutional

Question 11

What are the rights of the press in terms of publication

Answer 11

The press has a right to publish info about matters of public concern and this right can only be restricted from a narrowly tailored sanction

Question 12

Does the right of the press remain even if information is obtained unlawfully

Answer 12

Yes

Question 13

T/F: Congress’s spending power is limited for accomplishment of other enumerated powers

Answer 13

F - Congress has broad power to spend for the general welfare – public purposes

Question 14

What is the limitation to Congress’s spending power

Answer 14

Congress cannot spend for unconstitutional purposes

Question 15

T/F : Congress can attach conditions to expenditures

Answer 15

T so long as they are reasonable

Question 16

Does the President have exclusive authority over foreign affairs

Answer 16

No, Congress also plays a major role?

Question 17

What is not considered protective speech?

Answer 17

Fighting words, incitement and true threats

Question 18

What is incitement

Answer 18

speech that is intended to produce imminent lawless action and likely to produce such action

Question 19

Content-neutral regulations are subject to what scrutiny?

Answer 19

Intermediate
- must advance important interest unrelated to the suppression of speech + must not substantially burden more speech than necessary

Question 20

Content-neutral regulations are typically -

Answer 20

time, place, manner restrictions

Question 21

When can speech be restricted in a public forum

Answer 21

when there’s a serious and imminent threat to public order

Question 22

State dilution of the right to vote by malapportionment of electoral districts is a violation of what?

Answer 22

EPC

Question 23

When a local government establishes voting districts for the election of reps. what must it do?

Answer 23

Establish districts that do not have an unjustifiably large variance in the # of persons in each district

Question 24

What is the Speech or Debate Clause

Answer 24

any speech or debate in either house shall not be questioned in any other place

Question 25

Does the immunity of the Speech or Debate Clause extend to aides?

Answer 25

Yes, those who engage in acts that would be immune if performed by a legislator

Question 26

T/F: The Speech or Debate Clause creates a general privilege between a member of Congress and his aides

Answer 26

F

Question 27

Does Congress have authority to regulate federal lands?

Answer 27

Yes they have the sole power to do so

Question 28

Is forced inclusion of an unwanted person in a group a violation of the 1st amendment freedom of associtation clause?

Answer 28

yes, where inclusion would significantly affect the group’s ability to express its intended viewpoints

Question 29

what does the fair housing act prohibit?

Answer 29

advertisements that indicate any preference, limitation, or discrimination based on race, color, religion, sex, disability, familial status, or national origin
- restriction applies even when the dwelling itself is otherwise exempt from the other provisions of the act

Question 30

T/F: the president has the exclusive power to select diplomatic representatives of the US

Answer 30

T

Question 31

T/F: the Senate has the power to force ambassadors on the President

Answer 31

F

Question 32

Court buildings and their grounds are considered

Answer 32

Nonpublic or limited public forum

Question 33

how can the government regulate speech in a nonpublic or limited public forum

Answer 33

may regulate speech to reserve the forum for its intended use
those regulations will be upheld so long as they are
- viewpoint neutral
- reasonably related to a legit government purpose
- citizen has burden of proof to show there was no reasonable basis for the statute

Question 34

what is the Property Clause (ART IV)

Answer 34

gives Congress the power to make all needful rules and regulations respecting the territory or other property belonging to the United States
- permits Congress to acquire and dispose all kinds of property and protect its property

Question 35

Does Congress have the power to make exceptions to the appellate jx of the Supreme Court

Answer 35

Yes

Question 36

Can Congress appoint members of a body with administrative or enforcement powers?

Answer 36

No, they can only create agencies and delegate power to those agencies

Question 37

Enforcement is what kind of power?

Answer 37

Executive

Question 38

What standard for regulations on access to an official election ballot?

Answer 38

Narrowly tailored to promote a compelling governmental interest

Question 39

The EPC of the 14th amendment applies to actions of the federal government through what?

Answer 39

The DPC of the 5th A - substantive due process

Question 40

When can the government fire an employee because of their political views/affiliations

Answer 40

When certain political views or affiliations are required for the effective performance of the employee’s job – very hard to meet