Constitutional Law

Question 1

Justiciability

Answer 1

RAMPS: 1) Ripeness; 2) Abstention; 3) Mootness; 4) Political Question (a. Republican form of govt. clause; b. President’s conduct of foreign policy; c. challenges to impeachment/removal process; challenges to partisan gerrymandering); 5) Standing (injury + causation)

Question 2

Treaties

Answer 2

a) Senate Approval Required; b) If conflict w/ state law, treaty controls; c) If conflicts with Fed. Statute, whichever adopted last in time controls; d) If conflicts with Constitution, Constitution Controls

Question 3

Executive Agreement

Answer 3

a) Senate Approval NOT Required; b) If conflict w/ state law, Executive Agreement controls; c) If conflicts with Fed. Statute, Federal Statute controls; d) If conflicts with Constitution, Constitution Controls; 3) Appointment/Removal Power

Question 4

Congressional Power

Answer 4

1) No general police power; 2) Necessary & Proper Clause; 3) Tax & Spend under Commerce Clause: a) regulate channels & instrumentalities of interstate commerce, substantial effect; 4) 10th Am limitations on state – Cannot compel state regulatory/legislative action – strings on grants ok; 5) may not create new rights or expand scope of rights; 5) Bicameralism & Presentment; 6) No delegation of executive power; 7) No limits on delegation of legislative power
Congress’ Enumerated Powers:
CREATE DICE: Civil Rights; Elections; Admiralty; Taxation/Spending; Eminent Domain; Defense; Interstate Commerce; Citizenship; External (Foreign) Affairs

Question 5

Supremacy Clause

Answer 5

Constitution/Federal Law are supreme; Fed/State law mutually exclusive; Fed Law preempts

Question 6

Dormant Commerce Clause

Answer 6

State/local laws place undue burden on interstate commerce, unless important govt. purpose/no less discriminatory means (except: market participant)

Question 7

Privileges & Immunities Article IV

Answer 7

State cannot deny citizens of other states priv. & immunities it accords its own citizens (discriminate against out-of-staters, related to civil liberties/ability to earn a living, no corps)

Question 8

Privileges & Immunities 14th Amendment

Answer 8

only relevant to right to travel

Question 9

Incorporation

Answer 9

Bill of Rights is applied to state and local govts. Via incorporation into the Due Process clause of 14th Amendment

Question 10

Rational Basis test

Answer 10

law is rationally related to a legitimate govt. purpose (burden on challenger)

Question 11

Intermediate scrutiny

Answer 11

law is substantially related to an important govt. purpose (burden on govt.) for Gender, Illegitimacy, Undocumented alien kids

Question 12

Strict Scrutiny

Answer 12

Necessary to achieve a compelling govt. purpose (burden on govt.); Race, National Origin, Alienage, Travel, Voting

Question 13

Contracts clause

Answer 13

Limit on state interference: state/local application only; Private Ks: intermediate scrutiny: reasonably, narrowly tailored for important public interest; Govt. Ks: strict scrutiny

Question 14

Procedural Due Process

Answer 14

Govt. deprives a person of life, liberty, or property – Balance: interests of individual, government, & additional procedures for fact-finding

Question 15

Takings

Answer 15

Govt. may take property for public use w/ just compensation

Question 16

Fundamental Rights

Answer 16

1) To marry; 2) Procreate; 3) Custody of one’s child(ren); 4) keep family together; 5) control upbringing of child; 6) purchase/use contraception; 7) abortion; 8) private homo activity; 9) right to bear arms (absolute right 2nd Am); 10) Right to Travel; 11) Right to Vote (= protection right)

Question 17

Equal Protection

Answer 17

State/Local: Apply 14th Am

Fed: Apply 5th Am.

Question 18

Obscenity

Answer 18

1) Prurient interest; 2) Patently Offensive; 3) Lacks serious redeeming value (art, lt, poli, sci);

Question 19

Commercial Speech

Answer 19

regulation must be narrowly tailored

Question 20

Religion

Answer 20

Free Exercise; Establishment Clause: strict scrutiny for discrimination against religion

Lemon Test: SEX: 1) Secular Purpose; 2) Secular Effect; 3) Excessive Entanglement