Con Law

Question 1

When can state regulate federal government?

Answer 1

ONLY if state regulation is consistent with federal policy or the feds permit the state regulation. If there is inconsistency, the state legislation violates the Supremacy Clause.

Question 2

Who does not receive immunity from constitutional challenges?

Answer 2

Local government entities.

Question 3

When can state legislation be limited?

Answer 3

Only if:

1. fed regulation preempts state regulation in the same subject area;
2. state regulation discriminates against interstate commerce;
3. state regulation imposes undue burden on interstate commerce

Question 4

What are limits on Congress’s ability to remove appellate jurisdiction on SCOTUS?

Answer 4

It cannot do so in a way that thwarts the essential constitutional role of the Court.

Question 5

Explain Abstention Doctrine:

Answer 5

It permits federal court to temporarily refuse jurisdiction over federal constitutional issue if possible that state court will dispose of the issues relying on unsettled state law.

Question 6

Can Congress expand original jurisdiction of federal courts?

Answer 6

NO, because that would violate Article III, which provides that fed court original jurisdiction is limited to certain cases and cannot be expanded beyond those.

Question 7

What is standard for finding regulation concerning abortion unconstitutional?

Answer 7

That the law imposes an undue burden on the right to seek an abortion, which is a fundamental right.

Question 8

What is test for obscenity?

Answer 8

1. material appeals to prurient interest;
2. material depicts in patently offensive way the sexual conduct specifically defined by statute;
3. material lacks serious value under national reasonable person standard