Constitutional Law

Question 1

What is the rule for Adequate and Independent State Grounds?

What does adequate mean?

Answer 1

The Supreme Court can review a state court judgment only if it turned on federal grounds. The court has no jurisdiction if the judgment below rested on an adequate and independent state ground.

Adequate means that the state ground must control the decision no matter how a federal issue is decided. AISG shows up when the federal claimant wins anyway under state law

Question 2

Is the Constitution a floor or a ceiling?

Answer 2

A floor. A state court interpreting a state constitution can always give you MORE protection. A state can never give you LESS than the federal constitution requires

Question 3

1) The Eleventh Amendment generally prohibits a suit against a ______ for ______.

2) True or false: the prohibition of the Eleventh Amendment can be overridden by Congress in enforcing rights created by the Fourteenth Amendment

Answer 3

1) state; money damages

Question 4

True or False: Under AISG, the US Supreme Court will not review a state court decision when the party claiming a federal right is successful under state law.

Answer 4

True

Question 5

What are the three criteria for standing?

Answer 5

Injury, causation, and redressability

Question 6

Procedural due process applies only to ______ governmental action only when ______ has been taken

Answer 6

intentional; life, liberty, or property

Question 7

The _____ test requires that a law be substantially related to an important government interest

Answer 7

intermediate scrutiny

Question 8

In order to establish racial discrimination under the Equal Protection Clause what must be proved?

Answer 8

Discriminatory purpose

Question 9

How is the Equal Protection Clause of the 14th Amendment applied?

Answer 9

Directly to the states and indirectly to the federal government through the 5th Amendment Due Process Clause

Question 10

When is a suit ripe for adjudication?

Answer 10

When the plaintiff has suffered actual harm or an immediate threat thereof.

Question 11

What must a plaintiff prove for standing?

Answer 11

• Injury-in-fact: concrete and particularized harm (actual or imminent)
• Causation: harm traceable to defendant’s conduct AND
• Redressability: favorable judicial decision can remedy harm

Question 12

True or False: There is no standing as a mere citizen

Answer 12

True

Question 13

Under the state-action doctrine, when does a private actor qualify as a government actor?

Answer 13

When 1) the private actor performs a traditional government function or 2) the government is significantly involved in the private actor’s activities

Question 14

What is the difference between a permissible and an impermissible religious inquiry under the First Amendment?

Answer 14

Permissible - Do you sincerely believe?

Impermissible - Is your belief reasonable or true?

Question 15

What does the establishment clause of the First Amendment, as applied to the states through the Fourteenth Amendment, do?

Answer 15

Prohibits the government from expressing a preference for a particular religion (or for religion over nonreligion) by participating in or aiding religious affairs.

Question 16

What does the ministerial exception under the First Amendment do?

Answer 16

Protects religious organizations from civil liability for employment discrimination when they hire or fire employees who serve in ministerial roles. Exception applies to any employee whose primary function is to advance the organization’s religious mission

Question 17

When is heightened equal protection review appropriate?

Answer 17

When a law intentionally discriminates - on its face, in its application, or in its motive - against a quasi-suspect or suspect class

Question 18

What does the Dormant Commerce Clause do?

Answer 18

Generally bars states from discriminating against or otherwise unduly burdening interstate commerce

Question 19

What are the Fundamental Rights which are subject to strict scrutiny?

Answer 19

First VIP:
First Amendment freedoms
Voting
Interstate travel
Privacy
Marriage/family
Parental rights
Sexual acts
Contraceptives

Question 20

How does the Fourteenth Amendment limit Congress’ power to regulate naturalization?

Answer 20

By prohibiting Congress from revoking citizenship of any US citizen without his/her consent unless that citizenship was obtained by fraud or in bad faith

Question 21

True or False: Under the dormant commerce clause states can discriminate against or unduly burden interstate commerce when Congress has explicitly authorized that conduct.

Answer 21

True

Question 22

What is ripeness?

Answer 22

Ripeness refers to the readiness of a case for litigation

Question 23

What is mootness?

Answer 23

A live controversy must exist at each stage of review, not merely when the complaint is filed. A case has become moot if there is no longer a controversy.

Question 24

What is an exception to mootness?

Answer 24

A court will not dismiss as moot a case in which the defendant voluntarily ceases its illegal or wrongful action once litigation has commenced. The court must be assured that there is no reasonable expectation that the wrong will be repeated.

Question 25

What is a declaratory judgment?

Answer 25

An official declaration of the status of a matter in controversy.

Question 26

What are the two freedoms under the First Amendment?

Answer 26

The freedom to believe and the freedom to act. The freedom to believe is absolutely protected and cannot be restricted by law. Religious conduct is not absolutely protected.