Constitutional Law

Question 1

Under the 8th Amendment, how are states limited in determining whether a defendant is mentally defected for the purposes of allowing execution?

Answer 1

A state cannot impose a strict cutoff that precludes a finding of intellectual disability. Bottom line: they cannot create an unreasonable risk that a retard will be executed.

Question 2

What level of scrutiny are laws that limit or bar campaign contributions afforded? What is the test? Distinguish between laws that limit campaign contributions to candidates and those that limit contributions to ballot measures.

Answer 2

Intermediate scrutiny. A state statute that limits campaign contributions must be “closely drawn” with a sufficiently important interest.

Laws may limit individual contributions to candidates, but statutes may NOT limit campaign contributions to ballot measures.

Question 3

The 11th Amendment provides states with sovereign immunity from suit. What does that mean?

Answer 3

You cannot sue a state for money damages in either state or federal court UNLESS the state consents OR the Congress expressly says so to enforce 14th Amendment rights.

Question 4

Because of the 11th Amendment, you cannot sue a state directly? Who can you sue and what damages are you entitled to?

Answer 4

You can sue a state officer (like the attorney general).

Injunctive relief
Money damages but only from the state officer personally for some kind of constitutional tort
Damages from the state treasury are barred unless the state consents or Congress expressly says so but ONLY to enforce individual rights

Question 5

What are the limitations on the Supreme Court’s appellate jurisdiction? Who can limit it?

Answer 5

Congress can make exceptions to the court’s appellate jurisidction by legislating exceptions to its appellate jurisdiction.

Question 6

Explain Adequate and Independent State Grounds. When does it arise?

Answer 6

Arises only in the Supreme Court and only when the SC reviews a state court judgment.
Rule: the SC can only review a state court judgment ONLY if it turned on federal grounds. The SC has no jurisdiction if the judgment below rested on AISG.

Question 7

What is “adequate” for the purpose of interpretation of a state’s ruling under AISG?

Answer 7

The state ground must control no matter how the federal issue would be interpreted.

Example: A criminal defendant appeals their conviction in state court on both violation of 4th Amendment and state law search and seizure requirements. If the state court determines that under state law, the seizure was a violation then the SC cannot hear this case. The federal 4th amendment question simply does not matter here because the claimant won on state grounds.

Question 8

What is “independent” for the purpose of AISG?

Answer 8

The state law does not depend on an interpretation of federal law.

Remember: the constitution is a FLOOR, not a ceiling. State constitutions can always provide more individual rights than federal law, but not less.

Question 9

What are the three requirements for standing to sue in federal court?

Answer 9

1. Injury (mere ideological objection is NOT injury)
2. Causation - a defendant’s conduct has caused or will cause injury
3. Redressability - a court can remedy or redress the injury

Question 10

What is the rule regarding federal taxpayers’ standing to sue? What do they not have standing to challenge? What is the narrow exception?

Answer 10

FT ALWAYS have standing to sue for their own tax liability. They do not have standing to challenge government expenditures.

Narrow exception:
Under the establishment clause: an establishment of religion challenge to specific congressional appropriations can be raised by any taxpayer.

Question 11

What is timeliness (ripeness and mootness)?

Answer 11

Ripeness: You must show actual harm or an immediate threat of harm (no hypothetical injuries)
Mootness: if a case becomes overripe and therefore moot, it will be dismissed unless it’s capable of repetition.

Question 12

What authority do the federal courts have with regard to advisory opinions or proposed leglislation?

Answer 12

Cannot issue advisory opinions. Cannot rule on the constitutionality of proposed leglislation.

Question 13

What are the 3 separate Congressional areas of regulation under the Commerce Clause?

Answer 13

The channels of interstate commerce (highways, seaways, airways, etc.)
The instrumentalities (cares, trucks)
Intrastate and interstate activity that has a substantial affect on interstate commerce in the aggregate.

Question 14

The spending clause allows congress to spend for the general welfare. What does that mean?

Answer 14

Congress can use its spending power to accomplish things it could not do by direct regulation, including bribery.

Question 15

Under the 10th Amendment, what is the anti-comandeering provision?

Answer 15

Congress cannot force states to pass leglislation. Congress cannot commandeer state and local agencies to implement federal programs.

Congress CAN bribe states to do things by witholding federal funding.

Question 16

What are Congress’s war and defense powers?

Answer 16

Power to declare war and maintain the army and navy
Provide for discipline for us military personnel
Provide for military trial of enemy combatants and enemy civilians
CANNOT provide for military trial of us civilians

Question 17

What does the 14th Amendment give Congress the power to do?

Answer 17

Remedy violations of individual rights by the government, but only as those rights have been defined by the courts.

Cannot redefine constitutional rights by leglislation

To be properly remedial, the legislation must have “congruence” and “proportionality”. There has to be a proportionately reasonable fit between the remedial law and the constitutional right as defined by the supreme court.

Question 18

What is the 15th amendment?

Answer 18

Gives congress the power to ensure there is no racial discrimination in voting.

Question 19

What are the domestic powers of the President?

Answer 19

Enforce the law; not make or break it. Power is greatest when authorized by statute.

Few powers that are not subject to statutory control:

1. Pardon power for all federal offenses
2. Veto: 10 days to veto legislation (but NOT specific provisions)
3. Appointment and removal of executive officers. The Senate has a power of rejection in some of them, but the senate does NOT have a power of appointment. Congress cannot give executive power to any officer it can hire or fire

Question 20

What are the powers of the President for foreign affairs?

Answer 20

Commander-in-Chief - has control over military decisions (Congress can cut off funding for military actions)
Treaties and Executive Agreements - negotiated by the President but must be approved by the Senate. Executive agreements are NOT subject to Senate approval, they can be authorized, precluded or overridden by statute but they take precedence over conflicting state laws

Question 21

Who may be impeached? How are they impeached?

Answer 21

Executive officers (President, Vice President, cabinet officers, federal judges). Accusation is passed by the House then tried in the Senate. Impeachment and conviction lead to removal from office - no other penalty applies.

Question 22

What is impoundment? What powers does the President have?

Answer 22

If a statute gives the president discretion to spend or withhold funds, he may do so. But if a statute unambiguously requires that certain funds be spent on certain purposes, then the president cannot refuse to do so. I.e. he has no power to IMPOUND (withhold) funds.

Question 23

How may congress delegate its powers?

Answer 23

To administrative agencies so long as there are intelligible standards - this is almost always ok with a vague reason why theyre doing it.

Question 24

Intergovernmental immunities - is the federal government immune from direct state regulation or taxation?

Answer 24

Yes, but states can tax indirectly (i.e. income of federal employees)

Question 25

State taxation of interstate commerce: will discriminatory taxation between states be struck down?

Answer 25

Yes, unless congress consetns and non-discriminatory taxation will be upheld unless it is unduly burdensome (Rare).

This refers to Congress taxing the states - it must be done equally or else it’s unconstitutional.

Question 26

When is non-discriminatory state taxation valid (2 conditions)

Answer 26

Substantial nexus between the taxing state and the property or activity to be taxed.
Must be a fair apportionment of tax liability among states.

Question 27

What is pre-empting the field?

Answer 27

When congress determines that there should be no state law of any sort in a particular field, then any state law in that area is inconsistent with the federal statute and is preempted.

This is RARE

Question 28

What are interstate compacts?

Answer 28

Agreements among states. They can make interstate compacts but if it affects federal rights, Congress must approve.

Question 29

What is a bill of attainder?

Answer 29

It is a legislative punishment imposed without judicial trial and is unconstitutional.

Question 30

What is an ex post facto law?

Answer 30

Unconstitutional to expand criminal liability retroactively, either by creating a new crime that applies retroactively to past conduct or y increasing the penalty for past conduct.

Question 31

What does the Contract Clause prevent?

Answer 31

Bars states from legislative impairment of existing contracts unless there is an overriding need.

Question 32

What is the 3 part lemon test?

Answer 32

Does a law have a secular purpose?
Does the law have a primary effect that neither advances nor inhibits religion?
Does the law avoid excessive government entanglement of religion

Question 33

May Congress expand or limit the original jurisdiction of the Supreme Court?

Answer 33

No, the Supreme Court’s original jurisdiction is in the Constitution and Congress may not expand or limit it.

Question 34

What is prohibited by the Contracts Clause? Who may violate it?

Answer 34

The Contracts Clause of Article I, Section 10 prohibits state legislation from retroactively impairing the obligation of contracts. This clause does not apply to federal action or court decisions.

Here, the entity that impaired existing contracts with the company was a federal agency. Consequently, the agency’s action did not violate the Contracts Clause.