Con Law: Questions

Question 1

If the plaintiff lacks __________, the federal court may still have jurisdiction over the case.

Answer 1

An economic injury

Question 2

The federal courts have jurisdiction to hear cases and controversies for which of the following?

Answer 2

Admiralty Cases, and Cases in which the US is a party

Question 3

Under Article III of the Constitution, federal courts have judicial power over all “cases and controversies

Answer 3

1. Arising under the Constitution, laws, or treaties of the United States;
2. Of admiralty and maritime jurisdiction;
3. In which the United States is a party;
4. Between two or more states;
5. Between a state and citizens of another state;
6. Between citizens of different states;
7. Between citizens of the same state claiming lands under grants of different states; and
8. Between a state or citizens thereof and foreign states, citizens, or subjects.

Question 4

Which of the following does not present a political question?

Answer 4

A question of whether presidential papers are necessary to the continuation of a criminal proceeding

Question 5

A federal court will not review a claim if a “political question” exists.
A political question exists when __________.

Answer 5

An issue is committed to another branch of the federal government

Question 6

Which of the following cases cannot come to the Supreme Court by “appeal”?

Answer 6

A decision from a state’s lowest court questioning the constitutionality of a federal statute

Question 7

Which of the following statements is true regarding Congress’s authority under Article III, Section 2 to regulate the Supreme Court’s appellate jurisdiction regarding an alleged violation of a specific constitutional right

Answer 7

Congress may eliminate some, but not all, avenues of Supreme Court review

Question 8

The Eleventh Amendment does not bar a federal court from hearing __________.

Answer 8

an action by a state against a local county

Question 9

Article III, Section 2 establishes the Supreme Court’s appellate jurisdiction but also provides that Congress may regulate and make exceptions to this appellate jurisdiction.

Pursuant to Article III, Section 2, Congress has the power to __________.

Answer 9

eliminate specific avenues of Supreme Court review

Question 10

The Supreme Court has mandatory appellate jurisdiction over __________.

Answer 10

cases by three-judge federal district court panels that grant or deny injunctive relief

Question 11

Which statement is correct regarding standing to bring a lawsuit in federal court?

Answer 11

The plaintiff’s alleged injury may be based on harm to her well-being or physical environment

Question 12

Which of the following facts, if true, may prevent a federal court from hearing a claim on the basis of ripeness

Answer 12

The plaintiff is challenging a state law that has not yet been enforced and there is no threat of enforcement

Question 13

Article I, Section 8, Clause 4 empowers Congress “to establish a uniform rule of naturalization.”
Which of the following are proper exercises of Congress’s citizenship power?

Answer 13

Denying citizenship to children born abroad to United States citizens and choosing to deny entry to aliens based on their political beliefs

Question 14

Which of the following statements is true regarding Congress’s constitutional investigatory power?

Answer 14

Congress has the power to subpoena witnesses to compel their presence

Question 15

What does a legislative seek to do?

Answer 15

A legislative veto DOES seek to overturn executive action without bicameralism (i.e., passage by both houses of Congress). A legislative veto usually arises when Congress delegates discretionary power to the President or an executive agency but attempts to maintain control over the power by providing that the executive decision can be overturned by certain members of Congress.
It also seeks to overturn executive action without presentment because the overturning is not presented to the President for his signature or veto

Question 16

Congress’s power to delegate:

Answer 16

Is subject to the “intelligible standards” test

Question 17

Article I, Section 8 of the United States Constitution gives Congress the power to tax.
Which of the following statements is true regarding Congress’s taxing power?

Answer 17

A congressional tax generally will be upheld as long as it either bears some reasonable relationship to revenue production or the subject of the tax is within Congress’s enumerated powers

Question 18

The President’s power to pardon __________.

Answer 18

cannot be limited by congress

Question 19

Treaty rules

Answer 19

Requires the advice and consent of Senate
May Conflict with state laws
May conflict with existing with federal statutes
can be self-executing but not mandatory

Question 20

President’s war powers as commander in chief

Answer 20

President lacks the power to declare war but may unilaterally commit troops in actual hostilities.

Question 21

Who may be impeached and with what vote of the House and Vote of Senate

Answer 21

The President, Vice President, and all federal civil officers; majority vote of the House; a two-thirds vote of the Senate

Question 22

Both houses of Congress pass a bill and send it to the President for his signature.
If the President does not sign a bill within 10 days, it:

Answer 22

Is vetoed if Congress is not in session

Question 23

Youngstown framework:

Answer 23

(i) Where the President acts with the express or implied authority of Congress, his authority is at its maximum and his actions likely are valid;
(ii) Where the President acts where Congress is silent, his action will be upheld as long as the act does not take over the powers of another branch of the government or prevent another branch from carrying out its tasks; and
(iii) Where the President acts against the express will of Congress, he has little authority and his action likely is invalid

Question 24

Like treaties, executive agreements __________.

Answer 24

Prevail over conflicting state laws

Question 25

What constitutional provision prevents states from discriminating against nonresidents in matters involving fundamental rights?

Answer 25

The Interstate Privileges and Immunities Clause of Article IV

Question 26

The Fourteenth Amendment Privileges or Immunities Clause prohibits states from denying their citizens the privileges and immunities of national citizenship.
Under the Privileges or Immunities Clause of the Fourteenth Amendment a __________.

Answer 26

state may not infringe upon its citizens’ right to travel

Question 27

The Tenth Amendment prohibits Congress from:

Answer 27

Commandeering state officials

Question 28

The doctrine of “field preemption” means that:

Answer 28

Federal laws can occupy an entire field, and preempt any state laws in that field, whether conflicting or complementary

Question 29

Can the states impose income tax on persons who receive a salary from the federal government?

Answer 29

Yes, as long as the tax is nondiscriminatory and does not unreasonably burden the federal government.
States are generally not free to directly tax the fed government but an indirect tax such as taxing income of fed employees has been upheld.

Question 30

Regarding intersovereign litigation among the states and the federal government, a state __________ sue __________ without that party’s consent.

Answer 30

May not; United States

Question 31

What does the Fourteenth Amendment Privileges or Immunities Clause protect?

Answer 31

The rights of national citizenship
Clause prohibits states from denying their citizens the rights of national citizenship, such as the right to petition Congress for redress of grievances, the right to vote for federal officers, the right to enter public lands, the right to interstate travel, and any other right flowing from the distinct relation of a citizen to the United States Government.

Question 32

A state or local law may fail under the Supremacy Clause:

Answer 32

Even if it does not conflict with federally regulated conduct or objectives.

Question 33

In determining whether a federal law or program impliedly preempts an entire field of law, courts generally do not consider __________.

Answer 33

Whether the state law directly conflicts with the federal law or interferes with achievement of fed objective

Question 34

If Congress has not acted and the state tax does not discriminate against commerce, is the state tax valid?

Answer 34

Yes, however, to determine whether the tax is valid, the courts will subject the tax to a balancing test: the benefit to the state must outweigh the burden on the interstate commerce.

Question 35

The Twenty-First Amendment allows states to:

Answer 35

Prohibit all sellers from making direct shipments of liquor to customers within the state

Question 36

A state may impose an ad valorem property tax on goods shipped through interstate commerce when:

Answer 36

The goods reach their destination- can’t impose ad valorem property taxes on goods in transit.

Question 37

In assessing whether a nondiscriminatory state tax on interstate commerce is valid absent any federal legislation in the area, courts will typically consider:

Answer 37

Whether there is a substantial nexus between the taxpayer and the state; whether the tax is fairly apportioned; and whether there is a fair relationship between the tax and the services or benefits provided by the state.

Question 38

The Twenty-First Amendment gives state governments wide latitude over the importation of liquor and the conditions under which liquor is sold or used within the state.
Under the Twenty-First Amendment:

Answer 38

a state may not prohibit interstate shipments of liquor to pass through the state

Question 39

Which of the following statements is not true regarding apportionment of a state ad valorem property tax on instrumentalities used to transport goods in interstate commerce?

Answer 39

A state may not impose an ad valorem property tax on instrumentalities of interstate commerce to the extent that a taxpayer can prove any double taxation.

Question 40

A state use tax imposed on users of goods purchased out of state is usually invalid if it:

Answer 40

Imposes a higher tax on goods purchased out of state

Question 41

Which of the following best reflects an exception to the negative implications of the Commerce Clause?

Answer 41

A regulation favoring local governments when performing government functions, such as exempting local bonds from state tax while subjecting bonds of other states to a tax.

Question 42

May a state tax discriminate against interstate commerce?

Answer 42

Yes, If Congress authorizes the tax

Question 43

When apportioning a state ad valorem property tax on instrumentalities used to transport goods in interstate commerce, the state may:

Answer 43

Impose an ad valorem property tax on instrumentalities of interstate commerce even if a taxpayer can prove double taxation

Question 44

The Fourteenth Amendment prohibits __________ from depriving any person of life, liberty, or property without due process and equal protection of the law.

Answer 44

States

Question 45

To adopt a valid law under the Enabling Clause of the Fourteenth Amendment, Congress must point to a history or pattern of state violation of rights already recognized by the courts and adopt legislation that is:

Answer 45

Congruent and proportional to solving the violation

Question 46

What are the factors in determining whether legislation is valid under the Contract Clause?

Answer 46

1. Whether the legislation substantially impairs a party’s rights under an existing contract,
2. Whether the legislation serves an important and legitimate public interest, and
3. Whether the legislation is a reasonable and narrowly tailored means of promoting the public interest.

Question 47

What situation is most likely to raise a procedural due process concern?

Answer 47

A judge has an interest in the case before her that causes a serious risk of bias.

Question 48

What amendments apply to the states through the Due Process Clause of 14A?

Answer 48

The rights guaranteed by the First, Fourth, and Sixth Amendments.

Question 49

The Contract Clause limits __________ that retroactively impairs contract rights.

Answer 49

a state regarding legislation

- K clause only applies to states and only to legislation

Question 50

Under the Fifth Amendment, the government may not take private property for public use without just compensation. This limitation on the government’s power is made applicable to the states through the Fourteenth Amendment.
When the government takes private property for public use, which of the following statements is correct regarding the remedy?

Answer 50

The measure of damages is the loss the owner incurs, rather than the gain the taker receives.

Question 51

The Fifteenth Amendment __________.

Answer 51

prohibits the government from denying the right to vote to any citizen on the basis of race

Question 52

An intentional deprivation of life, liberty, or property requires fair procedures and an unbiased decision maker. Whether an individual is entitled to notice, a hearing, or some other fairness consideration depends on the circumstances of the particular deprivation.
What are the factors that a court will consider in determining the type of procedural due process that is required?

Answer 52

(i) The importance of the individual’s interest that is involved,
(ii) The value of specific procedural safeguards of the individual’s interest, and
(iii) The government’s interest in fiscal and administrative efficiency.

Question 53

The Thirteenth Amendment

Answer 53

Does NOT apply only to govt action– applies to private as well
Provides that slavery shall not exist in the US, it empowers Congress to prohibit all acts that are considered “badges of slavery” and it forbids private individuals from discriminating on the basis of race.

Question 54

What is a bill of attainder?

Answer 54

A law that imposes punishment without a judicial trial on a person or persons who are specifically named or are identified by their past conduct

Question 55

If government action is challenged under the Due Process or Equal Protection Clause, and no __________ is involved, the law will be upheld if it is rationally related to a legitimate government interest.

Answer 55

Fundamental right or suspect or quasi-suspect classification

Question 56

What standard of review usually is applied when a law involving a fundamental right is challenged?

Answer 56

A strict scrutiny standard, and the government has the burden of proving that the law is necessary

Question 57

Which of the following statements is correct under the one person, one vote principle?

Answer 57

Almost exact mathematical equality between the congressional districts within a state is required

Question 58

One factor in determining whether excessive punitive damages violate due process is the disparity between the __________ and the __________.

Answer 58

Actual or potential harm suffered by the plaintiff/punitive award

Question 59

Under the one person, one vote principle __________.

Answer 59

regarding congressional districts, almost exact mathematical equality between the congressional districts within a state is required

Question 60

To determine whether a government action violates equal protection, strict scrutiny usually would be applied to __________.

Answer 60

A state law denying government benefits to an individual based on alienage

Question 61

Equal protection refers to the constitutional requirement that:

Answer 61

Laws not be applied differently to different classifications of people absent a sufficient reason

Question 62

What is part of SC’s defn of obscenity?

Answer 62

(i) Appeals to the prurient interest in sex,
(ii) Portrays sex in a patently offensive way, and
(iii) Does not have serious literary, artistic, political, or scientific value.

Question 63

ARE Hate crime statutes that limit fighting words sanctions to cases in which the words provoke violence on the basis of race, religion, or sexual orientation likely to be upheld by the Supreme Court?

Answer 63

No because such a limitation means the sanction is based on viewpoint, and the Court will not tolerate such sanctions.

Question 64

Content-based regulations of speech are subject to

Answer 64

SS and thus must be necessary to serve a compelling state interest.

Question 65

A variety of tests are used to determine whether a regulation of speech is valid. The test to be applied in a particular case depends on a number of factors.

Certain regulations of speech will be upheld only if the regulation: (i) furthers important interests that are not related to the suppression of speech, and (ii) does not burden more speech than is necessary to advance such interests. What regulation is judged under this standard?

Answer 65

A content-neutral speech regulation

Question 66

The government interest that is least likely to be found sufficient to justify a prior restraint on speech is __________.

Answer 66

Preventing a grand jury witness from ever disclosing the testimony he gave the grand jury

Question 67

Under the Free Speech Clause, an overbroad regulation:

Answer 67

Prohibits substantially more speech or speech-related conduct than is necessary to achieve a legitimate government interest

Question 68

Fighting Words

Answer 68

True threats—statements meant to communicate an intent to place an individual or group in fear of bodily harm—may be punished;

Fighting words—words or epithets that, when addressed to an ordinary citizen are inherently likely to incite immediate physical retaliation—may also be punished; and

Fighting words statutes are often struck down for overbreadth. The overbreadth problem arises because of the difficulty in precisely describing what is or is not a “fighting word.”

Question 69

As a general rule, the press’s First Amendment rights are _________ the public’s First Amendment freedom of speech rights.

Answer 69

same as

Question 70

Although commercial speech generally is protected by the First Amendment, false statements and statements pertaining to unlawful activities may be banned.
If a regulation of speech targets truthful advertisement concerning lawful activities, it will be valid __________.

Answer 70

if it serves a substantial government interest, is narrowly tailored to serve that interest, and directly advances the interest

Question 71

Regulations of truthful and lawful commercial speech must serve a substantial government interest, be narrowly tailored to serve that interest, and directly advance the interest. This is a form of intermediate scrutiny. Review of commercial speech regulation is a two-step process:

Answer 71

The court will first determine whether false speech or speech pertaining to unlawful activity is involved. Such speech has no First Amendment protection and may be banned altogether. If false speech or speech pertaining to unlawful activity is not involved, the courts use the intermediate standard described above.

Question 72

The following acts may constitute speech protected by the First Amendment except:

Answer 72

Government placement of a permanent monument in a public park

Question 73

A time, place, and manner regulation of a limited public forum must be __________ neutral and __________to be valid.

Answer 73

Viewpoint; rationally related to a legitimate government purpose

Question 74

If a regulation of speech targets truthful commercial advertisement concerning lawful activities, which of the following is not necessary for the regulation to be valid?

Answer 74

It must achieve a compelling government interest

Question 75

Under the Free Speech Clause, a regulation of speech on a particular topic in a nonpublic forum must be __________.

Answer 75

Viewpoint neutral

Question 76

In regard to what constitutes obscenity for First Amendment purposes, to determine whether material __________, a national standard must be used.

Answer 76

Is lacking in serious social value

Question 77

A government employer __________.

Answer 77

May ask a prospective employee about membership in any organization sufficiently relevant to the loyalty and competence of the prospective employee

Question 78

A law or government program that contains a preference for one or some religious groups over others will be invalid unless __________.

Answer 78

it is narrowly tailored to serve a compelling government interest

Question 79

According to current Supreme Court precedent, the First Amendment Free Exercise Clause prohibits the government from which of the following?

Answer 79

Punishing conduct just because it is religious

Question 80

Government regulation of the electoral process may give rise to various First Amendment concerns, in particular, the rights of free speech and assembly and the right of association.
According to the Supreme Court’s balancing test for the validity of a regulation of the electoral process, if the limitation on First Amendment activities is severe, it will be __________.

Answer 80

upheld only if narrowly tailored to achieve a compelling interest

Question 81

Despite the Free Exercise Clause, if relevant to a particular case, a court may __________.

Answer 81

assess the sincerity of a person’s religious beliefs