Constitutional Law

Question 1

What are the powers of Congress?

Answer 1

1. Commerce, taxing and spending powers.
2. War, defense, and foreign affairs power
3. Power to enforce 13th, 14th and 15th Amendments.

Question 2

What are the powers of the president?

Answer 2

1. Treaty and foreign affairs powers
2. Appointment and removal of officials.
3. Power to pardon for federal offenses

Question 3

What are the exceptions to the 11th Amendment?

Answer 3

1. Consent
2. Injunctive or declaratory relief
3. Damages paid by state officer
4. Congressional enforcement of 14th amendment rights.

Question 4

What cases does the supreme court have original jurisdiction over?

Answer 4

1. All cases affecting ambassadors
2. Other public ministers
3. When state is a party

Question 5

When is there standing for judicial review?

Answer 5

1. Injury-in-fact
2. Causation
3. Redressability

Question 6

What are the power of Congress to regulate interstate commerce?

Answer 6

1. Channels and instrumentalities of interstate commerce and any activity that substantially affects it.
2. Substantial economic effect on interstate commerce – this allows for aggregation.

Question 7

What are the principles of the dormant commerce clause?

Answer 7

1. If Congress has not, States can regulate interstate commerce so long as: a) discriminate against out-of-state commerce, b) unduly burden interstate commerce, c) regulate wholly interstate commerce.

Question 8

What is the four-part test to insure that the tax on interstate commerce is fine?

Answer 8

1. Substantial nexus between activity being taxed and taxing state.
2. Fair tax apportionment
3. No local commercial advantage
4. Tax must be fairly related to the service being provided

Question 9

What are the requirement of procedural due process?

Answer 9

1. Fundamental Fairness
2. Protected Interests
3. Notice and a hearing
4. Court access

Question 10

What is the strict scrutiny standard under substantive due process?

Answer 10

This applies when a fundamental right is at risk: 1) The law must be the least restrictive means to achieve a compelling government interest.

Question 11

What are the fundamental rights?

Answer 11

1. Travel
2. Voting and Ballot Access
3. Privacy – includes marraige etc
4. Second Amendment – right to possess a firearm