Constitutional

Question 1

Under what clause does the presidents executive agreements prevail over state laws?

Answer 1

The supremacy clause

Question 2

The federal government and its agencies and instrumentalities are not subject to state or local taxes and regulations in the absence of __________

Answer 2

Congressional consent

Question 3

When may indirect taxes, not violate the constitution?

Answer 3

When they are applied equally in every state and reasonably related to revenue production

Question 4

True or false impeachment and removal of federal judges is a power reserved solely to Congress

Answer 4

True

Question 5

Define bill of attainder

Answer 5

A bill of attainder are constitutionally, prohibited, legislative acts that punish specified persons or an easily identified group of persons without a trial laws that applied to all persons are not bill of attainders

Question 6

The government may regulate private speech by a public employee if

Answer 6

The governments, legitimate interest in efficient. Government function, outweigh the employees right to freedom of speech.

Question 7

Generally, the right to attend every stage of a criminal trial including voir dire is protected by the first amendment. However, this court can order the trial proceedings be closed if

Answer 7

the court’s findings on the record demonstrate that the closure satisfies strict scrutiny.

NOTE: this requires the court to show that the closure is the least restrictive means to serve a compelling government interest.

Question 8

State actions are subject to strict scrutiny if they discriminate against

Answer 8

1) suspect class
or
2) substantially impact a fundamental right

Question 9

The 11th amendment generally forbids the federal government from hearing private suits for damages against the states. When can these suits be authorized?

Answer 9

Congress can authorize such suits when it is acting to enforce the Civil War Amendments (13, 14, 15)

Question 10

Define

Police Power

Answer 10

Under the tenth amendment, any power that the constitution does not expressly grant to the federal government is reserved to the states.

This includes the police power which is a broad power to enact and enforce laws that are reasonably related to** protecting public health, safety, and welfare. **

Question 11

Is school choice a fundamental right?

Answer 11

Yes. Parents’ right to control their children’s upbringing and education is a fundamental right. A challenge to a law that impairs this - is subject to strict scrutiny

Question 12

For first amendment free exercise of one’s religious beliefs, are direct and incidental burdens constitutional?

Answer 12

Direct Burdens - those that target religion - are almost always** unconsitutional** becuase they trigger strict scrutiny

Incidental burdens - which apply to everyone - are usually constitutional under rational basis scrutiny

Question 13

Define

an Exaction

Answer 13

occurs when a local government conditions the issuance of a building or development permit on a landowner’s promise to dedicate part of the property to public use

Question 14

Does an exaction amount to a taking?

Answer 14

YES

Question 15

Under the fifth amendment an exaction is a taking that requires just compensation unless

Answer 15

The government establishes
1) an essential nexus - the imposed condition substantially advances a legitmate government interest, and
2) rough proportionality - individualized and quantifiable findings show that the proposed development’s impact on the community is roughly proportional to the imposed condition’s impact on the landowner

Question 16

Can a court review “adequate and independent” state grounds?

Answer 16

Yes.
Explanation:
While a final state-court judgment that rests on adequate and independent state grounds may not be reviewed by the US Supreme Court, the Supreme Court may constitutionally review a state court decision to determine whether such grounds exist.

Question 17

Governmental financial assistance to religious institutions is permitted if

Answer 17

1) the aid is secular in nature
2) used only for secular purposes, and
3) when the aid is distributed among secular and religious institutions, the distribution** criteria must be religiously neutral**

Question 18

The sixth amendment confrontation clause guarantees a criminal defendant the right to be present during every critical stage of trial. A defendant can lose this right only if he/she

Answer 18

1) leaves voluntarily or
2) is removed for good cause after receving a warning from the court

Question 19

Taxing under Art I, Section 8, Clause 1 (taxing and spending clause) will generally be upheld if

Answer 19

if has a reasonable relationship to revenue production

Question 20

When a federal statute conflicts with an executive agreement which takes priority?

Answer 20

Federal statute

Question 21

Is a prayer at a graduation ceremonies a violation of an Equal Protection Clause?

Answer 21

No.

Question 22

Are religious activites conducted in public schools a violation of the Establishment Clause?

Answer 22

Yes, generally.

Question 23

What level of scrutiny is commerical speech subject too?

Answer 23

Intermediate scruntiny.

Question 24

What is the four part test for whether commercial speech is constitutional?

Answer 24

1) it must concern lawful activity and be neither false nor misleading
2) the asserted government interest must be substantial
3) the regulation must directly advance the asserted interest, and
4) the regulation must be narrowly tailored to serve that interest

Question 25

A cognizable property interest involves more than an abostract need or desire. There must be a

Answer 25

legitimate claim of entitlement by virtue or statute, employment contract, or custom

Question 26

Is subpoenaed by Congress - are you entitled to counsel?

Answer 26

Yes. Failure to allow counsel would violate procedural due process and make it so that the person subpoenaed cannot be held in contempt

Question 27

When can congress limit the President’s power?

Answer 27

When congress and the executive branches powers share authority

Question 28

When Congress and the executive branch share authority over an issue - how do you determine the extent of the President’s authority?

Answer 28

Consider whether there was congression:
- authorization: president has maximum authority to act and act is likely valid
- silence: the act is valid so long as it (1) fell within the presidents Art II powers and (2) did not interfere with another branches powers OR
- Opposition: President has minimal authority and act is likely invalid

Question 29

The 8th amendment ban on excessive fins applies to the states through

Answer 29

fourteenth amendment due process clause

Question 30

What scrutiny doe snot apply to commercial speech?

Answer 30

Rational basis

Question 31

Congress cannot restrict or expand the Supreme Court’s original jurisdiction but it can regulate and make exceptions to what part of the SC’s jurisdiction?

Answer 31

appellate jurisdiction

this right of Congress is almost unlimited - Ex part McCardle

Question 32

Can legislative assistant (or other assistant or aid) assert the same privilege as the person they work for?

Answer 32

Yes, under the speech and debate clause

Question 33

A federal court typically must dismiss a case when the plaintiff’s claim becomes moot except when

Answer 33

1) a plaintiff whose claim is the named plaintiff in a certified class action, and
2) the claims of the unnamed plaintiffs in that class action are still viable

Question 34

Necessary and Proper applies to what actions by congress?

Answer 34

taxing and spending - NOT REGULATION

Question 35

The 21st amendment grants states broad authority to regulate the use of alcohol within its own boards. This authority is restricted by what other constitutional provision?

Answer 35

The dormant commerce clause

Question 36

Under the supremacy clause, operations of the federal government are

Answer 36

completely immune from state regulation in the absence of congressional consent

Question 37

What clause prohibits states from discrimintation against out-of-state citizens by denying them a right of a state citizenship?

Answer 37

Article IV privileges and immunities

Question 38

When can a state, under the privileges and immunities clause, discriminate against out of state citizens by denying them a right to state citizenship?

Answer 38

1) nonresidents cause or contribute to the problem that the state is attempting to solve, and
2) the discrimination bears a sustantial relationship to the state’s objective