Con Law

Question 1

What is the primary function of Judicial Review in constitutional law?

Answer 1

To determine if the matter can be addressed by the court.

Question 2

What are the requirements for a case to be justiciable under Article III?

Answer 2

Must be a case or controversy, ripe for adjudication, and capable of being redressed.

Question 3

What does the term ‘ripeness’ refer to in legal context?

Answer 3

An issue when there is no actual or imminent threat of harm.

Question 4

What does ‘mootness’ mean in legal proceedings?

Answer 4

An issue when legal proceedings will have no effect.

Question 5

What is required for a plaintiff to have standing in a case?

Answer 5

The plaintiff must have a concrete stake in the outcome.

Question 6

What constitutes ‘injury’ for standing purposes?

Answer 6

The injury must be both concrete and particularized.

Question 7

What does ‘causation’ mean in the context of standing?

Answer 7

The injury must be fairly traceable to the challenged action.

Question 8

What is ‘redressability’ in standing analysis?

Answer 8

The requested relief must be likely to redress the injury.

Question 9

What are the exceptions to the Eleventh Amendment limitation?

Answer 9

Consent by state, injunctive relief against a state official, money damages against a state officer personally.

Question 10

What is the ‘Commerce Power’?

Answer 10

Congress can regulate channels, instrumentalities, and any activity that substantially affects interstate commerce.

Question 11

What is the Necessary and Proper Clause?

Answer 11

Enables Congress to legislate to execute its powers.

Question 12

What does the Dormant Commerce Clause rule entail?

Answer 12

State regulation of commerce is valid if there is no discrimination against out-of-state commerce or an undue burden on interstate commerce.

Question 13

What is the Privileges and Immunities Clause of Article IV?

Answer 13

No state may deprive a citizen of another state the privileges and immunities it accords its own citizens.

Question 14

What is the standard for state taxation of interstate commerce?

Answer 14

A state may tax if it is nondiscriminatory and does not place an undue burden on interstate commerce.

Question 15

What is the Supremacy Clause?

Answer 15

Federal law overrides inconsistent state law.

Question 16

What is required for a government action to infringe upon a fundamental right?

Answer 16

It is subject to strict scrutiny.

Question 17

What does the Takings Clause of the Fifth Amendment state?

Answer 17

Private property may not be taken for public use without just compensation.

Question 18

What does the Establishment Clause of the First Amendment prohibit?

Answer 18

The government can make no law respecting the establishment of religion.

Question 19

What is the standard for evaluating freedom of speech regulations?

Answer 19

The regulation must not be a prior restraint and must not be content-based unless it passes strict scrutiny.

Question 20

What does ‘substantive due process’ protect?

Answer 20

It protects against government action that infringes upon fundamental rights.

Question 21

What is the burden of proof for laws affecting non-fundamental rights?

Answer 21

The burden is on the challenger to show the law is arbitrary or irrational.

Question 22

Fill in the blank: The powers of Congress are limited to those __________ by the Constitution.

Answer 22

[enumerated]

Question 23

True or False: The Eleventh Amendment allows suits by private citizens against their own state.

Answer 23

False

Question 24

What is the rule for Procedural Due Process?

Answer 24

An individual may not be deprived of life, liberty, or property without due process of law.

Question 25

What protections apply to individuals and corporations?

Answer 25

Scope—protections apply to both individuals and corporations ## Footnote This indicates that both entities are afforded similar rights under the law.

Question 26

What level of scrutiny is applied to campaign contribution regulations?

Answer 26

Regulations subject to intermediate scrutiny ## Footnote Intermediate scrutiny requires that the law serves an important government interest and is substantially related to that interest.

Question 27

What level of scrutiny is applied to campaign finance regulations on expenditures?

Answer 27

Regulations are subject to strict scrutiny ## Footnote Strict scrutiny is the highest standard of review used by courts to evaluate the constitutionality of laws.

Question 28

Under what conditions can commercial advertising speech be suppressed?

Answer 28

Can suppress speech if false or misleading ## Footnote This applies to advertisements that contain false statements or mislead consumers.

Question 29

What is the definition of obscenity?

Answer 29

Appeals to prurient interest, is patently offensive (community standard), and lacks serious literary, artistic, political, or scientific value (national standard) ## Footnote This three-pronged test is used to determine whether material is obscene.

Question 30

What standard applies to content-based restrictions on pornography?

Answer 30

Strict scrutiny generally applies ## Footnote This means any law restricting pornography must serve a compelling state interest and be narrowly tailored.

Question 31

What is a characteristic of laws that forbid 'fighting words'?

Answer 31

Often vague/overbroad ## Footnote This can lead to challenges on the grounds of First Amendment violations.

Question 32

What must be considered to determine if a regulation is lawful?

Answer 32

Is the regulation content and viewpoint neutral? ## Footnote This assesses whether the law discriminates against particular messages or viewpoints.

Question 33

What is a public forum?

Answer 33

(e.g., streets and parks or designated public forum) ## Footnote In public forums, speech regulations must be content and viewpoint neutral.

Question 34

What standards apply to a nonpublic forum?

Answer 34

Permitted if viewpoint neutral and reasonably related to a legitimate governmental interest ## Footnote Nonpublic forums include government properties like offices and prisons.

Question 35

What is vagueness in legal terms?

Answer 35

Void if it fails to give sufficient notice as to what is prohibited ## Footnote Laws must be clear enough for individuals to understand what is allowed.

Question 36

What is overbreadth in legal terms?

Answer 36

Void if it burdens a substantial amount of speech or other conduct constitutionally protected by the First Amendment; not applicable to commercial speech ## Footnote This principle protects against laws that unnecessarily restrict free speech.

Question 37

What must laws prohibiting participation in a group meet?

Answer 37

Must meet strict scrutiny ## Footnote This ensures that such laws are justified by a compelling interest.

Question 38

What is required for criminal punishment based on political association?

Answer 38

Requires active membership with knowledge of the group’s subversive nature and intent to further the illegal objectives of the group ## Footnote This prevents punishment for mere association without intent or knowledge.