General Info

Question 1

5 Foundational Questions

Answer 1

1. Why should we have an American-style Constitution as opposed to the British Constitution?
2. When people talk about the Constitution, are they talking about the same thing or talking past each other?
3. How should we interpret the Constitution? (Textual, structural, historical, doctrinal, ethical, prudential)
4. What role should the judiciary play?
5. What makes the Constitution the law of the land?

Question 2

What language in the Con provides the strongest basis for judicial review?

Answer 2

Treason clause

Question 3

2 Types of Judicial Review

Answer 3

1. De novo

2. Deferential

Question 4

Juxtaposition exists between judicial review and democraxy because…

Answer 4

unelected courts thwart enforcement of law that reflects will of the voters (countermajoritarian difficulty)

Question 5

Argument against the idea that juxtaposition exists between judicial review and democracy

Answer 5

Dualistic conception of political life: when it comes to constitutional politics, people speak in uniquely participatory way

Question 6

Departmentalism definition

Answer 6

Each of the 3 branches of government get to decide for themselves what the Con means within the scope of their function

Question 7

Avoidance Doctrine definition

Answer 7

Reading a statute to avoid saying something about the Con

Question 8

Political checks (6 types)

Answer 8

(1) New Federal Court appointments
(2) Stripping jurisdiction
(3) Impeachment
(4) Protests
(5) Amendments
(6) Court Packing

Question 9

2 Goals of Impeachment

Answer 9

(1) Bar the person from future service

(2) Remove the person from office

Question 10

2 Requirements for a case to make it to court

Answer 10

(1) Standing

(2) Cause of Action

Question 11

3 requirements to get standing

Answer 11

(1) Imminent or actual personal injury
(2) Fairly traceable to D’s actions
(3) Likely to be redressed

Question 12

Mootness definition

Answer 12

Litigants who clearly had standing to sue at outset of litigation deprived of concrete stake due to changing circumstances (brought case too late)
Article III

Question 13

Ripeness definition

Answer 13

Dispute is insufficiently developed and is instead too remote or speculative (brought case too early)
Article III

Question 14

Political Question Doctrine

Answer 14

Deals with the relationship between the judiciary and the branches of the federal government, not of the federal judiciary’s relationship with the States

Court cannot answer political questions

Question 15

6 Types of Political Questions

Answer 15

ADD IN

Question 16

3 Categories of Congressional silence

Answer 16

(1) Silence is consent (qui tacet consentit)
(2) Silence is silence
(3) Silence is disagreement

Question 17

Steps to solving issue of whether President can do something

Answer 17

(1) Find out what he’s trying to do
(2) Find out whether Congress has said anything
(3) Find out whether that matters