Constitutional Law

Question 1

Article III

Answer 1

Authorizes a federal court system which provides that federal courts shall have judicial power over all cases and controversies that, among other things, arise under the Constitution, laws, or treaties of the United States. Potential state encouragement of discrimination implicates the Equal Protection Clause of the Fourteenth Amendment, which presents a federal question and can be heard in federal court.

SCOTUS has original jurisdiction in cases involving ambassadors, ministers and consuls, and cases in which a state is a party.

Question 2

Contracts Clause

Answer 2

The Constitution severely limits states from enacting or repealing legislation that eliminates the state’s pre-existing contractual burdens.

Question 3

Justiciability

Answer 3

Must have a case or controversay
Cannot be an advisory opinion - Must have injury that can be relieved by the remedy sought.
Must be ripe - not too early
must not be moot - not too late, after problem is over.
must have standing

Question 4

Standing

Answer 4

Componants:

• Injury in fact
• Causation
• Redressibility

Question 5

Necessary and Proper power

Answer 5

Congress has the power to make all laws necessary and proper for executing any power granted to any branch of government. Must work in conjunction with another federal power; cannot work on its own.

Question 6

Taxing Power

Answer 6

Congress has the power to tax. Tax will be upheld if it has a reasonable relationship to revenue production or if congress has the power to regulate the activity.

Question 7

Spending Power

Answer 7

Congress may spend to provide for the common defense and general welfare. May be for any public purpose.