MBE Test 1 wrong answers review Con law Flashcards
Privilege’s & Immunities clause
Only apply when discrimination is against citizens of other states
SCOTUS may NOT review a State Supreme Court Case if…
the judgment was supported entirely by state law & no interpretation or application of Federal Law
Nondenominational prayer at a public school graduation?
NO
Denial of access to limited public forum requires
A demonstration that action was necessary to serve a compelling state interest
Can president generally direct actions of people outside the executive branch
NO not without congressional OK or extenuating circumstances
A unripe claim in Federal Court will be…
Dismissed as not stating a justiciable case or controversy
Congressional Law that allows States to pass laws that otherwise would violate the Negative Commerce Clause
are Ok
is age a suspect class?
NO it gets rational basis review (rationally related to an important government interest)
When can congress pass a law prohibiting States from passing laws which discriminate under the 14th amendment section 5?
When the discrimination results in a plausable Constitutional injury, Congress has authority to remedy that injury
Regulation of Commercial Speech
Requires a showing that law is narrowly tailored to serve a substantial state interest
Bill of Attainder
BANNED BY CONSTITUTION; is a legislative act that singles out particular individuals for punishment (including banning from gov employment) without trial
What must a religious group show to trigger strict scrutiny
That the government action targeted the religious practice in question, it was AIMED at suppressing the practice
A Federal Statute targeting members of a specific race would be best challenged under…
The due process clause of the 5th amendment,
How may a Federal Statute detailing procedural steps regarding State licenses be ok?
Under Sec 5 of 14th Amendment; allows it IF it seeks to to prevent or remedy actions by those govs that violate 14th amendment and reqs are congruent & proportional to the vio it addresses
Can Federal Government pass a nationwide retail tax?
Yes, as part of powers to tax
