Conlaw Final Exam practice

Question 1

May CSOL offer reduced rates to SC citizens?

Answer 1

Yes.

Question 2

As enforced under current Supreme Court doctrine, the Tenth Amendment affords relief from suit to who?

Answer 2

States, not private citizens.

Question 3

State sovereign immunity against lawsuit. Can the US sue states?

Answer 3

Yes.

Question 4

State sovereign immunity against lawsuit applies to state and municipal government. [T/F]

Answer 4

False. State government only.

Question 5

The _____________ was a series of domestic programs, public work projects, and financial reforms and regulations enacted by President Franklin D. Roosevelt in the United States between 1933 and 1938, with the aim of addressing the Great Depression, which began in 1929

Answer 5

The New Deal

Question 6

Between 1933 and 1937, opponents of the New Deal argued:

A) That New Deal legislation violated the Non-Delegation Doctrine.
B) That New Deal legislation violated individual liberties protected by the Tenth Amendment.
C) That New Deal legislation was inconsistent with dual federalism.
D) That New Deal legislation exceeded Congressional authority under the Commerce Clause.
E) All of the above.

Answer 6

E

Question 7

T/F) State judges must enforce federal law that conflicts with the laws of their own state.

Answer 7

True

Question 8

The distinction between direct and indirect effects
Was repudiated in what case?

Answer 8

US v. Darby

Question 9

T/F) Direct & In-directs test was applied in Champion v. Ames.

Answer 9

False

Question 10

T/F) Direct & Indirect effect test remains good law today.

Answer 10

False

Question 11

Congressional use of the Spending Power to incentivize state legislation, according to CJ Roberts, may not…

Answer 11

May not be coercive

Question 12

When conduct, that is economic in character, has a substantial effect on interstate commerce, it may be regulated by the state so long as….

Answer 12

…..so long as the state regulations are not preempted by federal regulation. FEDs can either preempt the action or consent to it.

Question 13

T/F) FLSA only applies to federal employees, not state.

Answer 13

False.

Question 14

The Constitution:

A) Does not allocate any foreign affairs powers to Congress.
B) Vests the President with power to declare war.
C) Strips the states of powers to enter into treaties with foreign nations.
D) Vests the President with power to regulate immigration and naturalization.
E) All of the above are true.

Answer 14

C

Question 15

T/F) Acts of Congress that place undue burdens on interstate commerce do NOT raise any particular constitutional concerns unless they do so for reasons independent of the allegedly undue burden.

Answer 15

True

Question 16

T/F) Supreme Court caselaw permits states to
Legislate in an area where prior state legislation has been held conflict preempted.

Answer 16

True, just because it was conflict preempted doesn’t mean there isn’t another solution now.

Question 17

Under the Constitution, Congress may
offer incentives for Supreme Court justices
A)To retire at age 75.
B) Increase the number of Supreme Court justices.
C) Reduce the number of Supreme Court justices effective at the next retirement or death in office.
D) Assign duties to Supreme Court justices in addition to those concerning litigation in the Supreme Court.
E) Do all of the above.

Answer 17

E

Question 18

The Supreme Court has upheld federal rent control legislation under

Answer 18

The War powers.

Question 19

Race-based discrimination by restauranteurs on King Street,
A) Violates federal statutory law.
B) Violates the Commerce Clause.
C) Violates the Privileges and Immunities Clause of Article IV.
D) Violates the Equal Protection Clause.
E) Does all of the above.

Answer 19

A

Question 20

T/F) The Constitution does NOT prohibit states from coining money.

Answer 20

False.

Question 21

T/F) The taxing powers are held concurrently by state and federal authorities. What case?

Answer 21

True. CJ Marshall, McCulloch v. Maryland.

Question 22

According to Chief Justice Marshall, writing for the Supreme Court in Marbury v. Madison,
Federal courts must enforce both _____ and _______ law.

Answer 22

Statutory and Federal law

Question 23

T/F) The Court in Alden v. Maine did not preclude judicial enforcement of the Fair Labor Standards Act against municipalities or named governmental officials.

Answer 23

True

Question 24

The text of the Supremacy Clause describes
A) Federal judicial decisions as supreme law of the land.
B) All acts of Congress as supreme law of the land.
C) Executive orders of the President as supreme law of the land.
D) Treaties of the United States as supreme law of the land.
E) None of the above are true

Answer 24

D

Question 25

The Supremacy Clause textually says what is the supreme law of the land?

Answer 25

Treaties
Laws made in pursuance of the Constitution
This Constitution

Question 26

The Constitution would not allow Congress to
A) Reduce the amount in controversy requirement for diversity jurisdiction in federal courts to $100.
B) Raise the amount in controversy requirement for diversity jurisdiction in federal courts to $1,000,000.
C) Provide for the sale of federal lands.
D) To reduce the salary of United States District Court judges.
E) Do any of the above.

Answer 26

E

Question 27

DCC violated when?

Answer 27

1. Area not yet regulated by congress
2. State passes legislated burdening IC
3. Did not use least discriminatory means

Question 28

_________ is a negative implied power, prohibiting states from passing legislation that is burdensome on IC. The prerequisite to trigger is that the legislation must be in an area FED has not yet regulated.

Answer 28

Dormant CC

Question 29

T/F) Hammer v. Daggenhart remains good law.

Answer 29

False.

Question 30

T/F) National League of Cities is good law.

Answer 30

False.

Question 31

T/F) US v. EC Knight is not good law.

Answer 31

True.

Question 32

T/F) Congress may not use its Commerce Clause power to regulate child labor in the states because this is a purely local matter.

Answer 32

False. Hammer v. Dagenhart no longer good law.

Question 33

T/F) Preamble creates legal rights.

Answer 33

False.

Question 34

VP is President of what?

Answer 34

The Senate. Shall vote when tied.

Question 35

States send how many senators of what age?

Answer 35

2 per state, 30yrs of age.

Question 36

Which government body has the power to try all POTUS impeachments?

Answer 36

The Senate. Convictions by 2/3 majority.

Question 37

General provision of Art. I Sec. 8?

Answer 37

A) Lay imposts and excises
B) Lay and collect taxes
C) Pay debts
D) Provide Common Defense
E) Provide for General Welfare

Question 38

CL 17?

Answer 38

DC capital power

Question 39

CL 18?

Answer 39

N&P. Used extensively in McCulloch v. Maryland & again in Comstock. CL III + CL 17 is the dial turned to fucking 11!

Question 40

CL 3?

Answer 40

CC

Question 41

Article I Sec 9?

Answer 41

Limits on FED power
A) No suspension of Habeus Corpus unless rebellion
B) No ex post facto law

Question 42

Article I Sec 10?

Answer 42

Limits on state power

Question 43

The rule of this case is that the constitutionality of Senate impeachment proceedings is a political question that courts can’t decide.

Answer 43

Nixon v. US

Question 44

The issue in this case is whether a challenge to the unfair division of state legislatures under the Equal Protection Clause is a political question that can’t be decided by the courts.

Answer 44

Baker v. Carr. Not a PQ.

Question 45

To have standing to bring a lawsuit, plaintiffs must sufficiently allege that they have personally suffered a distinct injury, and the chain of causation linking that injury to the actions of a defendant must not be attenuated.

Answer 45

Allen v. Wright

Question 46

Just cause the topic is politics, does not make it a political question

Answer 46

Baker v. Carr

Question 47

If a federal executive or legislative body has power to decide something, the Constitution gave them power for a reason, the Courts will not hear the suit, such as Senate Impeachment hearings. [What case?]

Answer 47

Nixon v. US

Question 48

Standing requires that the party suffer an injury

Answer 48

Allen v. Wright

Question 49

a tax is valid as long as it raises revenue. What case?

Answer 49

Kahriger

Question 50

To use affectation doctrine, issue must be economic in character. [Sex assault on school campus case]

Answer 50

US v. Morrison

Question 51

Congress cannot regulate inactivity under the Commerce Clause

Answer 51

Sebelius

Question 52

Treaties (passed in the pursuance of the Constitution) are supreme law of the land, such as protecting migratory birds.

Answer 52

Missouri v. Holland

Question 53

Congress cannot command state civil servants to carry out federal programs, such as a national background check for guns.

Answer 53

Printz v. US

Question 54

Define supremacy clause. Article 6 CL II.

Answer 54

This constitution, all laws made pursuant, all treaties made pursuant, shall be supreme law of land. State judges so to there bound.

Question 55

Can states require in state retailers to charge lower rates to citizens?

Answer 55

No.

Question 56

Can SC bar admission to TN resident? Ukraine citizen?

Answer 56

Nope. Also no.

Question 57

T/F) States have exclusive authority to regulate in areas that fall within their traditional police powers.

Answer 57

False. Missouri v. Holland

Question 58

States may close off landfills to other states. [T/F]

Answer 58

False. City of Philly v. PA

Question 59

Where is the power of judicial review defined in the text of the Constitution?

Answer 59

Nowhere

Question 60

T/F) The federal CC allows FEDs to only regulate wages of federal employees.

Answer 60

False. State as well.

Question 61

T/F) The spending power allows congress to attach conditions to receipt of federal funding.

Answer 61

True as long as not coercive and comply with Rehnquist test.

Question 62

Can the spending power be used to “incentivize” states?

Answer 62

Yes.

Question 63

Can SC sell items from prisoners to SC residents only?

Answer 63

Yes.

Question 64

The ______________ exception is a limited exception to the Dormant Commerce Clause that allows states to favor their own citizens and businesses when they participate in the market.

Answer 64

MP Exception