MBE

Question 1

Bill of Attainder

Answer 1

Cannot expressly PUNISH an individual or named group of people with criminal or civil penalties

Question 2

Ex post facto

Answer 2

Gov’t law that retroactively makes action illegal

Question 3

K clause

Answer 3

State gov’t cannot pass a law that expressly impairs your ability to enter into a K

Question 4

Property Clause of Article IV, section 3

Answer 4

Gives Congress power to dispose of and make all needful rules and regulations respecting US property

No limit on Congress’s power to dispose of US property

Question 5

Full Faith and Credit Clause

Answer 5

applies to public acts, records, and judicial proceedings of every other state.

Question 6

Supremacy Clause

Answer 6

Supremacy Clause makes Constitution, fed laws and treaties, “supreme law of the land.”

10A provides all powers not assigned by Constitution to fed gov’t are reserved to states, or people.

Question 7

ad valorem tax

Answer 7

tax is based on the value of property located in the state.

Question 8

Contract Clause

Answer 8

Prohibits a state legislature from impairing a K between a private party and the state.

Does NOT apply to federal action or court decisions.

Question 9

Can a state limit contributions to ballot measures?

Answer 9

NO a state cannot limit contributions to ballot measures

Question 10

What standard of review do statutes limiting campaign contributions get?

Answer 10

statutes limiting campaign contributions are subject to intermediate scrutiny: they must be “closely drawn” to correspond with a sufficiently important interest.

Question 11

Is there a federal police power?

Answer 11

NO, dummy!

Question 12

When is a taking found?

Answer 12

A taking is almost always found if:
(i) Actual appropriation or destruction of property, or gov’t permanently physically invades property; and
(ii) PERMANENT, total loss of economic value in land.

Question 13

original jurisdiction

Answer 13

Constitution says SCOTUS has OG jurisdiction over all cases bw 2+ states. Congress can grant concurrent original jurisdiction to lower federal courts.

Question 14

What prohibits states from interfering with federal detention by issuing a writ of habeas corpus?

Answer 14

Supremacy Clause

Question 15

How can the Supremacy prohibits states from interfering with federal detention?

Answer 15

By issuing a writ of habeas corpus.

Question 16

Writ of habeas corpus

Answer 16

Tool courts use to determine if an incarceration of is valid and legal. Also used to test constitutionality of a state criminal conviction.

Question 17

Are disputes involving foreign affairs subject to the political question doctrine?

Answer 17

Disputes involving foreign affairs are NOT subject to political q doctrine if they concern the validity of a federal statute.

Question 18

How must commission officers be appointed? (not inferior)

Answer 18

By President with advice and consent of the Senate.

Question 19

Fundamental rights

Answer 19

Right to vote, the to interstate travel; marriage, obscenity at home, parental and family rights, procreation and contraception, and sex; right to privacy; and 1st Amendment rights; right to refuse medical treatment

Question 20

Is a state requirement of sterilization of sex offenders unconstitutional?

Answer 20

Yes, A state req of sterilization of sex offenders denies affects individuals right to procreate, which SCOTUS has held to be a fundamental right.

Question 21

When will the 8th Amendment prohibits imposition of the death penalty on a person?

Answer 21

If they have a severe intellectual disability (IQ of less than 70 will generally suffice).

Question 22

Regulations prohibiting nude dancing: content-neutral or content-based?

Answer 22

content-neutral

Question 23

Examples of political questions

Answer 23

foreign affairs, political parties

Question 24

Residency Requirements

Answer 24

A one year or less residency req is sufficient and LEGAL for in-state tuition or to get a divorce.

Question 25

Take care clause

Answer 25

Justifies broad exercise of exec power

Question 26

When does SCOTUS have OG jurisdiction

Answer 26

(1) cases involving foreign ambassadors, public ministers, or consuls and
(2) cases in which a state is a party.

Question 27

Original jurisdiction

Answer 27

A court’s power to hear and decide a case first—i.e., before any appellate review.

Question 28

Article I, Section 8

Answer 28

Grants Congress BROAD war and defense powers to provide for the national defense—e.g., by imposing wage, price, and rent controls on the private civilian economy.

Question 29

Does the 1A right to free speech extend to public employees speaking pursuant to their official duties?

Answer 29

NO!!!!!

Question 30

If a public employee is speaking as a private citizen on a matter of public concern, when can gov’t limit that speech?

Answer 30

only if its interest in efficient gov’t function outweighs the employee’s right to free speech.

Question 31

If a public employee is speaking pursuant to official duties, gov’t can regulate that speech.

But if the employee is speaking as a private citizen, gov’t can restrict that speech…

Answer 31

only if its interest in efficient government function outweighs the employee’s right to free speech.

Question 32

Political Question

Answer 32

Disputes that involve policy choices or value determinations that are constitutionally committed to a particular branch of fed government.

SCOTUS says political-q doctrine prevents fed courts from deciding issues concerning
- treaty ratification,
- wartime conduct,
- ambassador qualifications,
- Congress’s internal governance,
- adequacy of National Guard training,
- gerrymandering.