Last Push Set 1 Conlaw

Question 1

What do citizens select when they cast their ballots in a presidential election?

Answer 1

Members of the Electoral College

Citizens are voting for electors who will later cast votes for President and Vice President.

Question 2

What is required for electors according to the Twelfth Amendment?

Answer 2

Electors must meet in their states, vote separately for President and Vice President, and transmit sealed lists of their votes to the U.S. Senate

This ensures a formal counting process of electoral votes.

Question 3

What governs the appointment of presidential electors?

Answer 3

Article I of the Constitution

It grants state legislatures the power to appoint electors in any manner they choose.

Question 4

What can states require of electors when appointing them?

Answer 4

States can require electors to pledge or take an oath to vote for the candidate chosen by the popular vote

This ensures alignment with the state’s electorate.

Question 5

What can happen to electors who violate their pledge?

Answer 5

They can be removed or face a monetary fine

This serves as a deterrent against not honoring their commitment.

Question 6

True or False: States can appoint electors who hold federal office.

Answer 6

False

States cannot appoint electors who serve in the U.S. Senate or House of Representatives.

Question 7

What is a bill of attainder?

Answer 7

An unconstitutional legislative act that declares a named person or group guilty of a crime and imposes punishment without a trial

This concept is not applicable to the appointment of electors.

Question 8

What age must U.S. citizens be to vote in federal, state, and local elections?

Answer 8

18 years or older

This is a fundamental right but does not extend to electors casting electoral votes.

Question 9

What does the First Amendment protect regarding electors?

Answer 9

It protects free speech and association but does not bar the government from requiring loyalty oaths for electors

The oath is specific and not overly broad or vague.

Question 10

Fill in the blank: The candidate with a majority of _______ votes is elected President.

Answer 10

electoral

A majority is necessary to secure the presidency.

Question 11

What happens if no candidate receives a majority of electoral votes?

Answer 11

The House of Representatives selects the President

This process is outlined in the Constitution for such scenarios.

Question 12

What is the purpose of the ordinance in State B?

Answer 12

To reduce traffic congestion

The ordinance aims to address a specific local issue related to traffic management.

Question 13

What does the dormant commerce clause limit?

Answer 13

The ability of state and local governments to regulate interstate commerce

This clause prevents states from enacting laws that unduly burden interstate commerce.

Question 14

What type of regulation discriminates in favor of in-state interests?

Answer 14

Discriminatory regulations

These regulations favor local products or services over out-of-state alternatives.

Question 15

What must a discriminatory state action demonstrate to be valid?

Answer 15

It must further a legitimate, noneconomic state interest and have no reasonable alternative

This is a requirement set by the dormant commerce clause.

Question 16

What is an example of a discriminatory regulation?

Answer 16

Requiring use of in-state products/services

Such regulations can create barriers for out-of-state businesses.

Question 17

What is an example of a non-discriminatory regulation?

Answer 17

Prohibiting all commercial vehicles on state highways

Non-discriminatory regulations apply equally to all entities regardless of their state of origin.

Question 18

Under what condition can a state ordinance be deemed unconstitutional?

Answer 18

If the burden clearly exceeds local benefits

This applies particularly to overly strict requirements for commercial shipments.

Question 19

What was the effect of the county ordinance in State A?

Answer 19

It insulated county residents from out-of-state competition

This action was deemed discriminatory against interstate commerce.

Question 20

What legitimate interest did the ordinance in State A claim to further?

Answer 20

Reducing traffic congestion

While this interest was legitimate, it was not sufficient to justify the ordinance due to available alternatives.

Question 21

True or False: Taxicab owners are considered a suspect class under the Fourteenth Amendment.

Answer 21

False

The ordinance likely survives rational basis scrutiny but is still invalid due to the dormant commerce clause.

Question 22

What must be proven for a law that discriminates against interstate commerce to be valid?

Answer 22

It must further a legitimate, noneconomic state or local interest and have no reasonable alternatives available

This is a critical aspect of the dormant commerce clause analysis.

Question 23

Fill in the blank: A state or local action that discriminates against interstate commerce is ______ unless it fulfills specific criteria.

Answer 23

invalid

The criteria include furthering a legitimate state interest and the absence of reasonable alternatives.

Question 24

What is the effect of taxes on persons or their property?

Answer 24

Payment cannot be avoided

Taxes on persons or their property must be apportioned proportionately among states and reasonably related to revenue production.

Question 25

What type of tax can be avoided or shifted to another?

Answer 25

Indirect tax ## Footnote Taxes on goods transactions can be avoided or shifted, for example, to the consumer.

Question 26

What is the constitutional requirement for direct taxes?

Answer 26

Apportioned proportionately among states ## Footnote Direct taxes must be related to revenue production.

Question 27

Are export taxes allowed under the constitution?

Answer 27

No ## Footnote Taxes on goods/services leaving the country are not allowed.

Question 28

What power does the taxing and spending clause give Congress?

Answer 28

Plenary power to raise federal revenue ## Footnote Congress can impose taxes but must adhere to specific constitutional guidelines.

Question 29

What are the requirements for an indirect federal tax to comply with the taxing and spending clause?

Answer 29

Identical in every state and reasonably related to revenue production ## Footnote The tax must not contain provisions unrelated to revenue needs.

Question 30

What is an example of a constitutional indirect tax?

Answer 30

$100 indirect tax on a mineral mined in the U.S. ## Footnote This tax must be uniformly imposed in every state where the mineral is found.

Question 31

Does the commerce clause obligate Congress to protect interstate industries?

Answer 31

No ## Footnote The commerce clause does not require Congress to advance interests like freshwater commercial fishing.

Question 32

What does the necessary and proper clause allow Congress to do?

Answer 32

Enact legislation reasonably necessary to carry out its enumerated powers ## Footnote This includes taxation but does not extend to authority over navigable waters.

Question 33

True or False: Indirect federal taxes are constitutional if they are not identical in every state.

Answer 33

False ## Footnote Indirect federal taxes must be identical in every state where the taxed goods are located.

Question 34

Who negotiates and enters treaties?

Answer 34

The President ## Footnote The President has extensive power over foreign policy and international relations.

Question 35

What is required for a treaty to be ratified?

Answer 35

A two-thirds Senate vote ## Footnote The House of Representatives does not play a role in the treaty ratification process.

Question 36

What happens after a treaty is signed and ratified?

Answer 36

It becomes valid and binding on federal and state governments ## Footnote This occurs immediately if the treaty is self-executing or after implementing legislation if it is not.

Question 37

What is a self-executing treaty?

Answer 37

A treaty that contains explicit enforcement provisions ## Footnote These treaties can be enforced immediately without additional legislation.

Question 38

What is a non-self-executing treaty?

Answer 38

A treaty that lacks explicit enforcement provisions ## Footnote Such treaties require implementing legislation or judicial action for enforcement.

Question 39

What does the Supremacy Clause state about treaties?

Answer 39

An executed treaty supersedes any conflicting state law ## Footnote This is true as long as the treaty is consistent with other constitutional provisions.

Question 40

What action did the President take regarding a state law that impeded imports?

Answer 40

Issued a proclamation nullifying the state law ## Footnote This was authorized by an explicit enforcement provision in a self-executing treaty.

Question 41

What is the effect of the President's proclamation regarding state law?

Answer 41

It is the supreme law of the land and nullifies the state law ## Footnote This is valid since the proclamation is not prohibited by any constitutional provision.

Question 42

What authority does Article II Section 8 grant Congress?

Answer 42

Exclusive authority to specify standards for weights and measures ## Footnote The President's proclamation does not interfere with this authority.

Question 43

Does federalism prevent the President from invalidating state laws?

Answer 43

No ## Footnote Federalism does not prohibit the President from acting pursuant to a federal statute or treaty.

Question 44

What is required for the President to nullify a state law that impedes commerce?

Answer 44

Authorization by Congress or a valid treaty ## Footnote The President has no inherent authority to nullify state laws without this authorization.

Question 45

What is the main educational objective regarding treaty approval?

Answer 45

A treaty must be approved by a two-thirds vote in the Senate ## Footnote This process is crucial before a treaty can be ratified.

Question 46

Fill in the blank: A treaty takes precedence over any conflicting state law pursuant to the _______.

Answer 46

Supremacy Clause ## Footnote This clause ensures that federal treaties are upheld over state laws.

Question 47

What type of tax is levied directly on a person or property?

Answer 47

Direct tax

Question 48

What type of tax includes sales and excise taxes?

Answer 48

Indirect tax

Question 49

What is the term for a tax on goods leaving the U.S.?

Answer 49

Export tax

Question 50

What must federal taxes be in relation to revenue raising?

Answer 50

Reasonably related

Question 51

How must federal taxes be applied across states?

Answer 51

Uniformly applied

Question 52

What clause gives Congress broad power to tax and spend for the general welfare?

Answer 52

Taxing and spending clause

Question 53

Is Congress's power to tax unlimited?

Answer 53

No

Question 54

What constitutional provision must Congress comply with when taxing?

Answer 54

Export clause

Question 55

What does the export clause prohibit?

Answer 55

Federal taxation of exported goods

Question 56

Are federal export taxes ever valid?

Answer 56

No

Question 57

Fill in the blank: The tax on insurance premiums for policies covering shipments of goods to foreign countries is _______.

Answer 57

unconstitutional

Question 58

True or False: Congress can impose taxes on services closely related to the export process.

Answer 58

False

Question 59

What is the purpose of the federal tax on insurance premiums related to exports?

Answer 59

To raise funds to subsidize the marine insurance industry

Question 60

What must an export tax be in relation to the general welfare?

Answer 60

Constitutional