Drills

Question 1

A taxpayer has standing to file a federal lawsuit when they challenge governmental expenditures as violating the _____________________ clause.

Answer 1

Establishment Clause.

A taxpayer also has standing to litigate whether, or how much, she owes on her tax bill.

Question 2

True or False?

The House of Representatives determines what constitutes “high crimes and misdemeanors” and may impeach by a 2/3 vote.

Answer 2

False. The House impeaches by a majority vote.

The Senate then tries the impeached official, and a 2/3 vote is necessary for conviction.

Question 3

Independent means it does not incorporate a ___________ ___________ by reference.

Answer 3

federal standard

Question 4

For a claim to be ripe for litigation, the plaintiff must have experienced a real injury (or ______________ _________ thereof).

Answer 4

imminent threat

Question 5

A case will not be dismissed as moot if there is a reasonable expectation that the same complaining party will be subject to the same action again (“__________ __ _____________”) but that the action will not last long enough to work its way through the judicial system (yet ___________ ____________).

Answer 5

Capable of repetition

evading review

Question 6

By the time the woman in Roe v. Wade who was seeking to terminate her pregnancy finally came before the Supreme Court, she was no longer pregnant, therefore the argument was made that her claim was _____.

Answer 6

moot

However, she could once again find herself in a similar situation, and would again be without judicial recourse.

Question 7

Name the three requirements that must be met in order for a restriction on the time, place, or manner of speech to be permissible.

Answer 7

The restriction must:
(i) Be content-neutral (both subject matter and viewpoint);
(ii) Be narrowly tailored to serve a significant state interest; and
(iii) Leave open ample alternative channels for communication of the information.

Question 8

The Supreme Court has original jurisdiction over:
(i) All cases affecting ____________
(ii) Other public _________ and __________
(iii) Those in which a state is a party

Answer 8

ambassadors
ministers
consuls

Question 9

True or False?

A pocket veto can be overridden.

Answer 9

False. A pocket veto cannot be overridden

Question 10

A line item veto is where the President refuses only part of a bill and approves the rest. Line item vetos violate the _______________ Clause and are therefore ___________________.

Answer 10

Presentment
unconstitutional

Question 11

True or False?

A legislative veto is unconstitutional

Answer 11

True.

Legislative vetoes arise when Congress passes a law reserving the right to disapprove future executive actions by simple resolution.

Question 12

What type of immunity does a judge have for judicial acts resulting in civil liability?

Answer 12

Absolute immunity

Question 13

What is are the four suspect classifications for whom strict scrutiny will apply in an Equal Protection claim?

Answer 13

(i) Race
(ii) Ethnicity
(iii) National origin
(iv) If the classification is by state law, citizenship status

Question 14

The President may not be sued for civil damages with regard to any acts performed as part of the President’s official responsibilities.

This is called what?

Answer 14

Executive Immunity

Question 15

The President has no immunity for _________ actions based on __________ that occurred before the President took office or completely unrelated to carrying out the job.

Answer 15

civil
conduct

Question 16

Under Equal Protection, when is intermediate scrutiny applied?

Answer 16

When a classification is based on gender or status as a nonmarital child (legitimacy)

Note: In gender cases, there must be an ““exceedingly persuasive justification”” for the classification.

Question 17

States can tax the federal government when that tax is __________ and does not ______________ burden the federal government

Answer 17

indirect
unreasonably

(e.g., state income taxes on federal employees)

Question 18

Name the five categories where the government is permitted to restrict speech on the basis of content.

Answer 18

1. Obscenity
2. Incitement to violence
3. Fighting words
4. Defamation
5. Commercial speech

Question 19

In the absence of federal regulation, state regulation of commerce is valid so long as: (Name the three rules)

Answer 19

(i) There is no discrimination against out-of-state interests;
(ii) The regulation does not unduly burden interstate commerce; and
(iii) The regulation does not apply to wholly extraterritorial activity.

Question 20

Strict Scrutiny

The law must be the ________ restrictive means to achieve a ____________ governmental interest.

Answer 20

least
compelling

Question 21

Under Equal Protection, in what two instances does the court apply the strict scrutiny test?

Answer 21

When the state action in question involves a fundamental right or suspect classification.

Question 22

What is required to trigger constitutional protections (with the exception of the Thirteenth Amendment)?

Answer 22

State action

Question 23

A law meets the rational basis standard of review if it is ___________ related to a legitimate ________ interest.

Answer 23

rationally
state

Note: This test generally results in the law being upheld.

Question 24

Intermediate Scrutiny

To be constitutional, the law must be ____________ related to an important ______________ interest.

Answer 24

substantially
governmental

Question 25

What must the plaintiff show in order to trigger strict or intermediate scrutiny under the Equal Protection Clause?

Answer 25

Discriminatory intent, which can be shown facially, as applied, or when there is a discriminatory motive

Question 26

The Supreme Court has sorted government property that is open for speech into three categories.

What are the three categories?

Answer 26

1. Traditional public forums
2. Designated public forums
3. Nonpublic/limited public forums