CONSTITUTIONAL

Question 1

What is the power of federal courts?

Answer 1

Federal courts have the power to hear cases based on a federal question, diversity cases, and admiralty and maritime cases.

Question 2

What are the requirements for standing in a lawsuit?

Answer 2

An individual needs an injury in fact, causation, and redressability.

Question 3

What must a case be for a court to hear it?

Answer 3

The case must be ripe and cannot be moot.

Question 4

Can a court render advisory opinions?

Answer 4

No, a court will not render advisory opinions.

Question 5

What must an organization show to have standing?

Answer 5

An organization must show that a member has standing, the member’s injury is related to the purpose of the organization, and individual members are not required to participate in the lawsuit.

Question 6

What are adequate and independent state grounds?

Answer 6

The Supreme Court can review decisions of federal courts of appeals and state courts if it involves a matter of federal law, is a final judgment from the highest state court, and there are no adequate and independent nonfederal grounds.

Question 7

What is a political question in the context of federal courts?

Answer 7

Federal courts will not hear political questions given to another branch of government by the Constitution.

Question 8

When should federal courts not enjoin pending state court proceedings?

Answer 8

Federal courts should not enjoin pending state court proceedings unless the case is brought in bad faith or for harassment purposes.

Question 9

What does the Eleventh Amendment state?

Answer 9

A private individual cannot sue a state for money damages in federal court.

Question 10

What is the original and exclusive jurisdiction of the Supreme Court?

Answer 10

Original and exclusive jurisdiction for cases between states.

Question 11

What is the Supremacy Clause?

Answer 11

Federal law is supreme and prevails over state law.

Question 12

What does the Tenth Amendment state?

Answer 12

Any powers not given to the federal government are given to the states.

Question 13

What does the Article IV Privileges and Immunities Clause prohibit?

Answer 13

States may not discriminate against out-of-state citizens with respect to fundamental rights unless there is a substantial justification.

Question 14

What are the two kinds of discrimination under the Dormant Commerce Clause?

Answer 14

1. Laws that expressly discriminate for the purpose of favoring in-state commerce. 2. Laws that discriminate against interstate commerce but are supposed to promote health, safety, or welfare.

Question 15

What is the Full Faith and Credit Clause?

Answer 15

States must enforce judgments of other states if the court that rendered the judgment had jurisdiction and the judgment was a final judgment on the merits.

Question 16

What powers does Congress have?

Answer 16

Congress has the power to tax, spend, regulate commerce, declare war, and enforce amendments among others.

Question 17

What is the Necessary and Proper power?

Answer 17

This power must be combined with another power to be valid.

Question 18

What does the President’s veto power entail?

Answer 18

The President can veto a law, but this can be overridden by a 2/3 majority vote by Congress.

Question 19

What is a line item veto?

Answer 19

A line item veto, crossing out certain portions of a bill, is not permitted.

Question 20

What powers does the President have regarding appointments?

Answer 20

The President can appoint federal judges, ambassadors, and other principal officers with the advice and consent of the Senate.

Question 21

What is the President’s power in foreign affairs?

Answer 21

The President has broad foreign affairs powers.

Question 22

Fill in the blank: Congress needs _______ and _______ to pass a law.

Answer 22

bicameralism and presentment.

Question 23

True or False: Congress can delegate legislative power to the executive branch.

Answer 23

False.

Question 24

What is the President’s power of pardon?

Answer 24

The President may grant pardons for federal crimes.

Question 25

What power does the President have regarding pardons?

Answer 25

The President may grant pardons for federal crimes.

Question 26

What is the President’s authority in terms of war power?

Answer 26

The President can respond to attacks or emergency situations but cannot declare war.

Question 27

What are the President’s powers in foreign affairs?

Answer 27

The President has broad foreign affairs powers.

Question 28

What is required for the President to enter into treaties?

Answer 28

The President may enter into treaties with 2/3 Senate approval.

Question 29

What is an executive agreement?

Answer 29

The President may enter into executive agreements with the heads of foreign countries.

Question 30

What type of immunity does the President have?

Answer 30

The President is absolutely immune from civil suits for damages for any official acts as President.

Question 31

The Equal Protection Clause applies to which levels of government?

Answer 31

It applies to the states through the Fourteenth Amendment and the federal government through the Due Process Clause of the Fifth Amendment.

Question 32

What is strict scrutiny?

Answer 32

The burden is on the government to show the law is necessary for a compelling government interest.

Question 33

What classifications are subject to strict scrutiny?

Answer 33

• Fundamental rights * Race

Question 34

What is intermediate scrutiny?

Answer 34

The burden is on the government to show the regulation is substantially related to an important government interest.

Question 35

What classifications are typically subject to intermediate scrutiny?

Answer 35

• Gender * Illegitimacy

Question 36

What is the rational basis test?

Answer 36

The burden is on the plaintiff to show the law is not rationally related to a legitimate government interest.

Question 37

What classifications are usually examined under the rational basis test?

Answer 37

• Age * Education * Wealth

Question 38

What is procedural due process?

Answer 38

The government may not intentionally deprive someone of life, liberty, or property without notice and an opportunity to be heard.

Question 39

What is substantive due process?

Answer 39

Strict scrutiny for fundamental rights and rational basis for everything else.

Question 40

What does the Contracts Clause prohibit?

Answer 40

A state may not pass legislation that substantially impairs preexisting contracts unless it serves an important and legitimate public interest.

Question 41

What are ex post facto laws?

Answer 41

Neither states nor the federal government may pass legislation that retroactively alters a criminal law in a substantially prejudicial manner.

Question 42

What is a bill of attainder?

Answer 42

Neither the state nor the federal government may pass legislation that specifically identifies people to be punished without a judicial trial.

Question 43

What are unconstitutional conditions?

Answer 43

The government cannot condition a person’s receipt of a governmental benefit on the waiver of a constitutionally protected right.

Question 44

What is the focus of the First Amendment regarding speech restrictions?

Answer 44

The kind of speech restriction at issue.

Question 45

What is a content-based restriction?

Answer 45

Government regulation that restricts speech based on its content.

Question 46

What must be proven for strict scrutiny to apply?

Answer 46

The regulation must be necessary for a compelling government interest.

Question 47

What is required for commercial speech to be protected?

Answer 47

• The speech must be lawful and not misleading * The statute must serve a substantial governmental interest * The statute must directly advance that interest * The statute must be narrowly tailored

Question 48

What rights do public school students have regarding speech?

Answer 48

Public school students have free speech rights, but speech may be regulated if related to legitimate pedagogical concerns.

Question 49

What is the Establishment Clause?

Answer 49

The laws must be neutral and not favor one religion over another.

Question 50

What protections does the Free Exercise Clause provide?

Answer 50

Beliefs are absolutely protected, but conduct is not.

Question 51

What is prior restraint?

Answer 51

When the government prevents speech before it is communicated.

Question 52

What does overbreadth refer to in legal terms?

Answer 52

A law is unconstitutional if it prohibits substantially more expression than necessary.

Question 53

What is vagueness in legal statutes?

Answer 53

A statute is vague if a reasonable person could not tell what speech is prohibited and what is allowed.

Question 54

What is a taking in the context of property rights?

Answer 54

The government may not take private property for public use without just compensation.

Question 55

What must a plaintiff show to establish state action?

Answer 55

The plaintiff must show state action through a law, a private actor performing a traditional government function, or closely controlled private action.