Con Law Facts

Question 1

The Supreme Court has original jurisdiction in all cases affecting….

Answer 1

Ambassadors, other public ministers and consuls, and those in which a state shall be a party.

Congress may neither restrict or enlarge the Supreme Court’s original jurisdiction.

Question 2

The Equal Protection Clause is at issue when…

Answer 2

A law treats a person or class of persons differently from others.

Question 3

The Privileges and Immunities Clause of Article IV prohibits discrimination by….

Answer 3

States against nonresidents

Question 4

State classifications based on alienage are suspect under the _____________ Clause and are subject to what level of scrutiny?

They will be upheld only if the government can show that the classification is ______ to achieve a ________ state interest and there are no ______ ______ means.

Answer 4

Equal Protection Clause of the 14th Amendment
Strict judicial scrutiny

State classifications based on alienage are suspect under the Equal Protection Clause of the 14th Amendment and are subject to strict judicial scrutiny.

They will be upheld only if the government can show that the classification is necessary to achieve a compelling state interest and there are no less restrictive means.

Question 5

The Supreme Court will hear a case only if the state court judgment…

Answer 5

Turned on federal grounds.

Question 6

To have standing, a person must show that he is _________ and that a ______ decision will eliminate the harm.

Answer 6

To have standing, a person must show that he is injured and that a favorable decision will eliminate the harm.

Question 7

To be valid under the establishment clause, a law favoring religion authorizing government benefits to a religiously affiliated institution must:

Answer 7

1. Have a secular purpose
2. Have a primary effect that neither advances or inhibits religion; and
3. Not produce excessive government entanglement with religion

Question 8

The 14th Amendment Equal Protection Clause) prevents STATES from depriving any person of…

Answer 8

life, liberty, or property without due process. Protects against state action only not federal. Federal is addressed in the 15th amendment.

Question 9

The Privileges and Immunities Clause prohibition on discriminating against residents and nonresidents may be overcome if….

Answer 9

There is a substantial justification for the discrimination and the discrimination is the least restrictive means of combating the problem.

Question 10

Under The Property Clause, Congress has the power to…

Answer 10

Make all needful rules and regulations respecting the territory or other property belonging to the US.

Question 11

The 14th Amendment Equal Protection Clause) prevents STATES from depriving any person of…

Answer 11

life, liberty, or property without due process. Protects against state action only not federal. Federal is addressed in the 15th amendment.

Question 12

A transaction tax (a tax on the privilege of doing business in the state) is constitutional if:

Answer 12

1. It does not discriminate against interstate commerce.
2. The activity taxed has a substantial nexus to the taxing state;
3. The tax is fairly apportioned; and
4. the tax fairly relates to services provided by the taxing state.

Question 13

The Clause prohibits states from ______ and ______ contract rights unless the Government act serves an _______ and ______ government interest and is a reasonable and narrowly tailored means of promoting that interest.

Answer 13

retroactively and substantially

important and legitimate