Constitutional Law

Question 1

Prohibits the citizens of one state from suing their own state or another state on federal claims for money damages, in federal court, without the state’s consent.

Answer 1

11th Amendment

Question 2

Limits the jurisdiction of federal courts to “cases” and “controversies”

Answer 2

Article III, Section 2

Question 3

If a controversy or matter has been resolved

Answer 3

Moot

Question 4

Bars consideration of claims before they have fully developed

Answer 4

Ripeness

Question 5

Abstaining or refusing to hear a case when there are undecided issues of state law presented

Answer 5

Abstention

Question 6

What must a plaintiff show to have standing?

Answer 6

Direct and personal injury, actual causation, damages, and redressability

Question 7

Political Question

Answer 7

A matter assigned to another branch of government by the Constitution or incapable of a judicial matter. Federal courts cannot hear cases involving political questions.

Question 8

Adequate & Independent State Grounds

Answer 8

If a state court judgment can be supported on an adequate and independent state ground, the Supreme Court will not take jurisdiction.

Question 9

Legislative Powers of Congress

Answer 9

to lay and collect taxes, to borrow money on the credit of the US, to regulate commerce with foreign nations and among the several states, to declare war, to raise and support armies, and to provide and maintain a navy

Question 10

Necessary & Proper Clause

Answer 10

Gives Congress the implied power to make all laws which shall be necessary and proper for carrying into execution the foregoing powers

Question 11

Commerce Power

Answer 11

Congress can regulate channels of interstate commerce (highways, waterways, and air traffic) and activities that substantially affect interstate commerce

Question 12

Congress may not commander the legislative processes of the states by directly compelling them to enact and enforce a federal regulatory program (what Amendment?)

Answer 12

10th Amendment

Question 13

Pardon Power of President?

Answer 13

President may grant reprieves and pardons for offenses against the US, except in cases of impeachment (no state, just federal)

Question 14

Treaty Power of President?

Answer 14

The power to make treaties with foreign nations by and with the advice and consent of the Senate

Question 15

Executive Agreements

Answer 15

President has power to enter into executive agreements and compacts with foreign nations. Such agreements are valid and prevail over inconsistent state law. Need not be ratified by Congress

Question 16

Hierarchy of Laws

Answer 16

US Constitution, Treaties & Federal Statutes, Executive Orders & Agreements, State Constitution, State law & Ordinances

Question 17

State Police Power

Answer 17

States may regulate any health, safety, welfare, morals, or aesthetic interests through their police powers. There are no federal police powers

Question 18

Supremacy Clause

Answer 18

A federal law will supersede any state law with which it is in direct conflict. If Congress enacts legislation with the intention of preempting state law, the Congressional regulation will control

Question 19

Prohibits slavery and involuntary servitude

Answer 19

13th Amendment

Question 20

Strict Scrutiny

Answer 20

Burden of persuasion is on the government to show that the measure being challenged is necessary to achieve a compelling government interest (violation of fundamental rights) (Race, National origin, Alienage, Domestic Travel, Voting)

Question 21

The Right to Travel

Answer 21

Privileges & Immunities Clause, Article IV, Section 2

Question 22

Rational Basis

Answer 22

Burden of persuasion is on the plaintiff to show that the measure being challenged is not rationally related to a legitimate government interest (Age, disability, wealth, sexual orientation, all others)

Question 23

Intermediate Scutiny

Answer 23

Burden of persuasion is on the government to show that the measure being challenged is substantially related to the achievement of an important government interest (violation of fundamental rights) (Gender, illegitimacy, Undocumented Alien children)

Question 24

Ex Post Facto Laws

Answer 24

Retroactive criminal laws, either makes criminal an act that was not a crime when committed, prescribes greater punishment for a crime after its commission, or extends the statute of limitations for a crime as to which the previously applicable statute of limitations has already expired

Question 25

Bills of Attainder

Answer 25

A legislative act that inflicts punishment without a judicial trial upon named individuals or an easily ascertainable group for past conduct

Question 26

Contract Clause

Answer 26

No State shall pass any law impairing the obligation of contracts

Question 27

Establishment Clause

Answer 27

Religion, strict scrutiny

Question 28

Free Exercise Clause

Answer 28

The government may not punish an individual by denying benefits or imposing burdens based on religious belief, strict scrutiny

Question 29

Freedom of Speech

Answer 29

Strict Scrutiny