Exam 3 Missed Questions

Question 1

What level of scrutiny do government regulations of speech that are content based on its face have to achieve?

Answer 1

Strict scrutiny, It will only be upheld if the regulation is necessary to achieve a compelling gov. interest, and is narrowly tailored to meet that interest.

Question 2

The 11th amendment bars suits by who against who?

Answer 2

The 11amend. bars suits by foreign governments and private parties from suing a state in federal court without the states consent.

However, this immunity does not extend to suit against units of local governments. (ie counties, municipalities).

Question 3

The SCOTUS has no jdx to review state court decisions based on adequate and independent state grounds, which is when

Answer 3

state grounds completely resolve the matter and the court does not rely on fed. law to reach that decision.

Question 4

Most of the bill of rights protections apply with equal force to the states because they have been:

Answer 4

incorporated into the 14th amend due process clause, and therefore apply to the states with equal force.

Question 5

When congress has remained silent about the president’s actions, those actions are valid as long as they:

Answer 5

1. fall within the President’s article 2 powers,
   AND
2. do not interfere with another branch’s powers.

Question 6

The SCOTUS has appellate jdx in:

Answer 6

1. cases involving an ambassador, public minister, or consul
   AND
2. cases in which a state is a party.

In ALL other cases, SCOTUS appellate jdx requires a lower court decision.