Constitutional law

Question 1

Article III of the US Constitution authorizes

Answer 1

the federal court system

Question 2

As enumerated in Article III of US Constitution, federal court jurisdiction is limited to

Answer 2

cases arising from federal Constitution, law, treaties of the US.
cases between citizens of different states
admiralty and maritime cases
Cases where US is a party to the action
Actions between two or more states
Actions between a state and foreign country

Question 3

What is the doctrine of judicial review?

Answer 3

The doctrine authorizes the Supreme Court to review the actions of other branches of government and interpret laws created by other branches of the government.

Question 4

Is federal review on state law permitted?

Answer 4

Federal review of state law is permitted by the Supremacy clause of the US Constitution.

Question 5

What is difference between Article III and Article I?

Answer 5

Under the Article III, Congress established the federal court system, including all federal trial and appellate courts except the Supreme Court. Congress utilized various legislative powers granted by Article I, to created the tax courts and the district of Columbia Courts.

Question 6

What is jurisdiction of Supreme Court?

Answer 6

The Supreme Court has both original and appellate jurisdiction. The original jurisdiction is limited to those cases which affect ambassadors, public ministers, consuls and those in which a state is a party. The Supreme court has jurisdiction over any cases that the Supreme Court chooses to hear.

Question 7

In order for federal court to have jurisdiction, there must be case or controversy: which means

Answer 7

Federal courts may not hear cases where the results would amount to a mere advisory opinion. Due to this limitation, an actual case or controversy must exist in order for federal court to have jurisdiction. This means the case must present actual harm done or immediate threat of harm and the controversy cannot become moot at any stage of review.

Question 8

What is exceptions to the case or controversy requirement for federal jurisdiction to exist?

Answer 8

If a controversy is capable of repetition, but it is also possible that the controversy may evade review due to ootness, then a federal court may hear the case regardless of whether the controversy becomes moot for the complaining party during the court of review.

For example, issues involving pregnancy may become moot for each complaining party due to the time it would take to obtain judicial review. The issue would thereby evade review becoming moot each time it was raised as a cause of action.

Question 9

what is difference between ripeness and mootness?

Answer 9

A case that is not ripe for judicial review is on where the controversy has not actually developed and there is no threat of immediate harm.
A case that is moot is one where the controversy has been resolved.

Question 10

A party has a standing for Supreme court review when:

Answer 10

1) she sustained an injury resulting from government action and/or has an actual stake in the outcome of the controversy.
2) there is causal connection between the government action he is challenging and the injury
3) a favourable ruling would redress that harm

The Supreme court will not hear a case brought by a party who lacks standing.

Question 11

When might a person have standing to assert the rights of another?

Answer 11

Typically, a plaintiff must show that he has directly been injured in order to have standing. A claimant may assert a third party right, however when he has suffered from an injury and the third party in question cannot asser his rights himself or injury suffered adversely affects the claimant’s relationship with the third party.

Question 12

When would an organization have standing to bring suit challenging government action?

Answer 12

An organization have standing to challenge government action in the federal courts when either :

1) The action harms the organization itself, or
2) the action harms members of the organization. For this type of standing to be valid, there must be harm in fact and the harm must be related to the purpose of the organization but the individual plaintiff need not participate in their individual capacity.

Question 13

When is citizenship standing appropriate?

Answer 13

Never. Citizenship standing is too general to be valid as the basis for standing in federal court.

Question 14

When is taxpayer standing appropriate?

Answer 14

Taxpayer standing is rarely appropriate because taxpayer s interest is generally too remote. A taxpayer may have standing, however, if he is challenging federal appropriations or spending. This exception to the rule is rare and has only been successful in relation to cases where it was argued that Congress power to tax should be limited by the Establishment Clause.

Question 15

What is legislators’ standing and when is it proper in federal court?

Answer 15

Legislator may challenge a government action if they have a personal stake in the outcome and have suffered from an actual injury. q

Question 16

Under what circumstances would the Supreme Court refuse to hear a case on appeal from a state supreme court?

Answer 16

If the case was decided in state court on adequate and independent state grounds, the Supreme cOurt would deny jurisdiction to hear the case.

Question 17

What is abstention?

Answer 17

Abstention occurs when the federal courts hear a case premised on unsettled state law and refrain from ruling on the case until the state settles the underlying question of law.

Question 18

What is political question

Answer 18

Any question that the Constitution dictates should be resolved by another branch of government( executive or legislative) or one that cannot be resolved by the judicial process. Federal courts will not rule on political question.

Question 19

how does the Eleventh Amendment limit federal court jurisdiction?

Answer 19

Federal courts may not hear cases brought against state by foreign government or private parties.

Question 20

What are the exceptions to the Eleventh Amendment limitation on the jurisidction of federal courts?

Answer 20

Federal jurisdiction over a claim against a state is allowed if either: 1) The state consents to it 2) the claimant is the US itself, or3) Congress has granted jurisdiction under the Fourteenth Amendment.

Question 21

Congress’ constitutional power includes

Answer 21

tax and spend
regulate commerce and coin money
declare war and raise armies
Investigate relating to legislation
regulate property and the postal system
establish bankruptcy laws and citizenship rules
confer admiralty jurisdiction upon its courts
control the issuance of patents/copyrights
make all laws necessary and proper for executing power granted to the federal goverment
There is no federal police power.

Question 22

Necessary and property in relation to Congressional power means:

Answer 22

Congress ca make any law to help carry out the powers enumerated in the Consitution so long as the law is necessary and proper and does not expressly overrule the Constitution.

Question 23

A tax is proper within Congress’ taxing power if:

Answer 23

1) reasonable relationship between the tax and the revenue raised by tax
2) Congress has the power to regulate the activity taxed

Question 24

pursuant to the spending power, Congress may

Answer 24

Congress may spend for any public purpose. Congress may also condition receipt of federal funds by states on compliance with certain regulations. This power is limited by the Bill of rights.

Question 25

Pursuant to the Commerce Clause, Congress has the exclusive power to regulate

Answer 25

Channel of interstate commerce
instrumentalities of interstate commerce
activities that have substantial effect on interstate commerce
No regulation of non economic intrastate activities unless there is proof of effect on interstate commerce.

Question 26

Congress power to declare war, raise and support and provide and maintain armies Congress to

Answer 26

regulate the economy

promulgate rules and regulations for military tribunas

Question 27

Congress; powers to regulate the postal system, admiralty jurisdiction upon its courts, and coin money are considered to be what type of powers?

Answer 27

such powers are exclusive of congress.

Question 28

Congressional citizenship power is what type of power?

Answer 28

The citizenship power is plenary. Congress can promulgate rules that must be followed in order to obtain citizenship, but cannot take citizenship away from individuals who are already deemed citizens. Aliens must be given notice and a hearing before deportation occurs.

Question 29

The speech and debate clause provides:

Answer 29

federal legislator are immune for actions taken during the regulate course of the legislative process. This immunity, however, does not cover illegal activity.

Question 30

what is legislative veto?

Answer 30

A legislative veto is an attempt by Congress to repeal an action taken by the President or other executive agency. Legislative vetoes are always invalid because they violate both the bicameralism and presentment principles.

Question 31

Article II of US Constitution dictates :

Answer 31

The executive powers.

Question 32

Article I of US Constitution dictates :

Answer 32

The legislative powers.

Question 33

The executive power enables the President to

Answer 33

appoint and remove with the advice and consent of the Senate
Grant pardons
Veto an act of Congress
Act as the Chief Executive
Act militarily abroad when the US is under attack or threatened. But the no power to declare war.
Represent the US in foreign relations
Enter into treaties
enter into executive agreements.

Question 34

What is the executive privilege?

Answer 34

The executive privilege permits the President to keep certain information and communication confidential, particularly those involving issues of national security. The executive privilege is not absolute the President may be required to disclose communications during criminal proceedings if the prosecution establishes that there is a need for such information.

Question 35

What is executive immunity?

Answer 35

The president is shielded from civil liability for any actions he took while acting in his official capacity. This immunity does not however extend to actions taken by the President prior to taking office.

Question 36

Who is subject to impeachment?

Answer 36

all civil US officers including the President, are subject to impeachment. A charge of impeachment requires a majority vote in the House. Conviction and removal requires a 2/3rd vote in the Senate.

Question 37

Are there any powers reserved for the states?

Answer 37

those powers not delegated to the federal governments by the Constitution are reserved to the states.

Question 38

The Supremacy Clause provides that:

Answer 38

Federal law is supreme and a state law will be invalidated if either: 1) the state law and federal law conflict

2) the state prevents the execution of a federal law, or
3) a federal law was meant to regulate the entire field.