Con Law

Question 1

Establishment Clause (Lemon Test)

Answer 1

(1) secular purpose
(2) effect neither advances nor inhibits particular religion
(3) does not result in excessive gov entanglement with religion

Question 2

Intermediate Scrutiny

Answer 2

-Applies to gender, children of illegal immigrants

Question 3

Strict Scrutiny

Answer 3

-Applies to

Question 4

Rational Basis

Answer 4

-Applies to everything else

Question 5

Free Exercise Clause

Answer 5

(1) Gov cannot punish people for religious beleifs or require person to profess particular belief
(2) Law of general application not intended to interfere with religion can be applied to person even if requires conduct contrary to religious belief or condemns religious belief

Question 6

May Congress delegate its power to an administrative agency?

Answer 6

Yes

Question 7

Fed statute unconstitutional because power reserved to states / given to states under 10th amendment?

Answer 7

Wrong answer

Question 8

Congress have power to legislate for general welfare?

Answer 8

No (Congress can tax and spend for general welfare)

Question 9

Congress’ power to act under police power?

Answer 9

No federal police power (exception: WA DC and federal land)

Question 10

Fed statute invalid under EPC of 14th Amendment?

Answer 10

No, 14th Amendment only limits states. (should be DPC of 5th amendment which applies to fed gov)

Question 11

Privileges and immunities clause of 14th amendment

Answer 11

Always wrong. P&I Clause in Art 4 might be correct answer (prohibits state from discriminating against citizens of other states)

Question 12

On 14th Amdnendment DPC (or violation of individual right) a pick saying P prevails b/c have right and not a privilege or pick that says gov prevails because P has privilege not a right….

Answer 12

Is always wrong.

Question 13

Any pick that uses the ex post facto clause in const to non-criminal legislation…

Answer 13

IS always wrong. Only applies to criminal statutes.

Question 14

State statute unconst b/c burden on commerce

Answer 14

Wrong 95% of time b/c too broad (need to find impermissible burden or undue restraint to find violation)

Question 15

Pick that invalidates legislation under contracts clause

Answer 15

Usually wrong. ONly applies to states and has very narrow limitations.

Question 16

Pick that states president is violating duty to see laws faithfully executed…

Answer 16

Wrong b/c too much discretion and not enough case law

Question 17

Pick that dismisses lawsuit based on political question…

Answer 17

Usually incorrect (only correct is constitution gives to another branch of gov other than courts to decide that issue -like impeachment of fed official)

Question 18

Congress placing explicit conditions on grant of money to local or state gov will not violate 10th Amendment as long as:

Answer 18

Conditions are

(1) clearly stated
(2) related to the purpose of the program
(3) not unduly coercive

Question 19

Can press and broadcasting companies be taxed?

Answer 19

Subject to general business regulation and taxes but generally may not be singled out for special tax. Tax impacting press cannot be based on content of publication absent compelling justification

Question 20

Congress’ Commerce Clause Powers

Answer 20

(1) channels of inter-state commerce
(2) instrumentalities of interstate commerce as well as persons and things in interstate commerce
(3) activities that have a substantial effect on interstate commerce