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MBE Topics > Federal Constitutional Law > Flashcards

Federal Constitutional Law Flashcards

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MBE flashcards
1
Q

Pardon power belongs to the

A

executive

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2
Q

Commerce clause falls under

A

legislative branch

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3
Q

Veto power belongs to

A

executive

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4
Q

Taxing power belongs to

A

legislative branch

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5
Q

Appointment power belongs to

A

executive

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6
Q

Spending power belongs to

A

legislative branch

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7
Q

The commander in chief is the

A

executive

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8
Q

Coin money falls under

A

legislative branch

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9
Q

Executive orders and agreements are made by

A

executive

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10
Q

Federal lands are overseen by

A

legislative branch

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11
Q

War is declared by

A

legislative branch

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12
Q

The difference between executive order and agreements is __-

A

executive orders are domestic and agreements are international

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13
Q

Executive orders/agreements cannot conflict with

A

federal law

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14
Q

President can appoint ___

A

anyone with executive power

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15
Q

Executive power means someone has the power to

A

make rules, regulations, or prosecute

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16
Q

Congress cannot ____ to the S. Ct

A

send an original case

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17
Q

What types of courts can congress create

A

lower federal courts

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18
Q

Congress has jurisdiction over ____ cases

A

appellate

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19
Q

Supremacy clause

A

when federal law conflicts with state law. federal law wins

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20
Q

State laws can be ____ than federal law, but not less

A

more restrictive

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21
Q

State’s rights (10th amendment)

A

When there is no federal law on a subject, states can exercise police power to provide for the health, safety, and welfare of their citizens

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22
Q

Congress does not have ____ power

A

federal police

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23
Q

Congress cannot pass a law for the _____

A

general welfare

24
Q

Congress can ___ and ____ for the general welfare

A

tax and spend

25
Q

Commandeer rule

A

congress shall not require a state to do anything

26
Q

Privileges & Immunities Clause

A

when one state discriminates against residents of another state (non-residents) BECAUSE they are not residents

27
Q

Equal Protection

A

When a statute treats people differently from other people

28
Q

If people are race, alienage, national origin we apply

A

strict scrutiny

29
Q

With strict scrutiny, the govt. has burden to prove ___

A

law is necessary to achieve compelling interest

30
Q

If people are gender, illegitimacy we apply

A

intermediate scrutiny

31
Q

With intermediate scrutiny, govt. has burden to prove ___

A

law substantially related to important interest

32
Q

If people are anyone else we apply

A

rational basis

33
Q

With rational basis, plaintiff has burden to ___

A

show that the law is not rationally related to legitimate interest

34
Q

Due process

A

no person shall be deprived of life, liberty, and property without due process of law

35
Q

Two types of DP

A 
liberty = substantive
property = procedural
36
Q

Procedural DP rights

A

If property is taken away, person has right to notice and hearing

37
Q

Property right questions often involve losing ___

A

job, license, benefits (public)

38
Q

Substantive DP is when a statute

A

deprives all people of doing something

39
Q

If fundamental right is restricted we apply

A

strict scrutiny

40
Q

Fundamental rights are

A

right to vote, right to free speech, right to interstate travel, contraception, abortion (undue burden), marriage, procreation, education (private), right to raise your family

41
Q

If non fundamental right is restricted we apply

A

rational basis

42
Q

Free exercise of religion

A

INDIVIDUAL has right to exercise their religion any manner they choose, as long as they do not violate Law. Look for INTENT behind the law govt is making.

43
Q

Establishment clause

A

Government is making a law that is too closely related to religion

44
Q

Lemon test for establishment clause Q’s

A

1) Statute has secular purpose– why is govt. doing this?
2) Govt. cannot promote or inhibit particular religion
3) Govt. cannot get too “entangled” with religion

45
Q

First amendment

A

right to free speech

46
Q

Govt. cannot ban speech, but they can

A

regulate speech

47
Q

Content based regulation

A

Govt. is regulating the words people are saying and we apply strict scrutiny

48
Q

Content neutral regulation

A

Govt. is regulating the time, place, and manner and we apply intermediate scrutiny. As long as the message gets out, it is reasonable

49
Q

Limitations on bringing cases to court

A
  • Standing
  • State action - D must be state actor
  • 13th amendment- exception to state action
  • Mootness
  • Ripeness
50
Q

13th amendment exception to state action

A

allows for a private individual or company to be held liable if the discrimination is based on race. Must be EXPLICIT racial discrimination.

51
Q

Mootness, ripeness are also called

A

no case or controversy

52
Q

Dormant commerce clause

A

State is passing a law that discriminates against out of state businesses – generally unconstitutional – exception is if the state who passed the law is acting as market participant which means that the state runs the business (there are no private companies the state runs the whole industry)

53
Q

Bill of Attainder

A

law that names an individual or group of people and punishes them with civil or criminal penalties – unconstitutional

54
Q

Ex-Post Facto

A

– a law that makes contact that was legal retroactively illegal – unconstitutional

55
Q

14th amendment applies to

A

states

56
Q

5th amendment applies to

A

federal government

MBE Topics (8 decks)

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