Mid Term

Question 1

Federalism

Answer 1

The relationship between the Federal gov’t and the State gov’ts

Question 2

Art 1 , Sect 8 - addresses?

Answer 2

Congressional Powers

a. Tax and Spending
b. Commerce
c. etc

Question 3

Art 2 addresses ?

Answer 3

Executive Branch

Question 4

Art 3 addresses ?

Answer 4

Judiciary Branch

a. Lifetime Appointment
b. Jurisdiction as to Cases and Controversies
c. Limited Original Jurisdiction

Question 5

14th Amendment addresses ?

Answer 5

Equal Protection
a. “No State” applies to restrictions on State Gov’t
b. “Liberty” incorporates bill of rights to states
C. the bill of rights thus now applies to states also b/c incorporation through due process clause

Question 6

The Authority for Judicial Review comes from (case) and includes the power to review _____ matters?

Answer 6

Marbury v. Madison

Constitutional matters

Question 7

Limits on Federal Judicial Power - can only hear ___ ?

Answer 7

CASES and CONTROVERSIES

Question 8

Congressional Limits on Federal Judicial Power - cannot expand the power of judiciary - t / f ?

Answer 8

True

Question 9

5 Justiciability Limits on Federal Judicial Power

Answer 9

1. Advisory Opinions
2. Standing
3. Ripeness
4. Mootness
5. Political Question

Question 10

Prohibition on Advisory Opinions

Answer 10

1. Can’t advise about the constitutionality of a proposed action or law. (No Pre-opinions about an issue)
2. Have final decision on a matter - can’t be overruled by congress

Question 11

2 types of Standing

Answer 11

1 . Constitutional Standing

2. Prudential Standing

Question 12

3 Requirements for Constitutional Standing

Answer 12

1. Injury - to the party bringing the suit
2. Causation - cause of injury can be fairly traced to the other party
3. Redressability - if the court’s decision is favorable to the plaintiff, will it actually resolve / bring relief from the injury

Question 13

2 Prudential Standing Restrictions

Answer 13

1. No Third Party Standing - can’t bring a dispute for a violation of another’s rights
2. No Generalized Grievances - Can’t bring a suit that shares a grievance common to all taxpayers

Question 14

Ripeness means the issue is____ ?

Answer 14

Ready to be resolved
~BUT~

~ the Court can grant “Pre-Enforcement” review or ruling b/c You don’t need to be arrested (and maybe loose in court) to challenge law [weight the hardship to parties if they violate the law]

~and~
if the law isn’t being enforced it isn’t ripe b/c no real threat of enforcement

Question 15

Mootness is when _____ ?

Answer 15

Further legal proceedings can have no effect

1. the party is dead or
2. the matter has already been settled

[Must present a Live Controversy at ALL stages]

Question 16

3 Mootness Exceptions

Answer 16

1. Wrongs capable of being repeated
2. Voluntary Cessation - stopped behavior but can start again
3. A Class Action

Question 17

3 Main Political Question Areas

Answer 17

1. Foreign Affairs
2. Impeachment Process
3. Challenges to Restrictions on Congressional Membership.

[Inappropriate for judicial review and best left to the political process]

Question 18

2 Questions to ask when a law Congress made is being challenged

Answer 18

1. Where did they get the power? Must point to some place in Constitution most likely Commerce Clause
2. Does it violate some other right?

Question 19

Federalism is the Division of Power Vertically - 3 reasons why?

Answer 19

1. To avoid tyranny
2. States closer to the people and can be more responsive
3. States are labs for experimenting - testing laws and regulations

Reasoning Examples:

1. Uniformity of laws across country
2. Race to the bottom by states - can be prevented from happening (ex. no min wage)
3. Effects on other states (ex. Environmental laws)

Question 20

Commerce Clause 3 part Test for regulation

Answer 20

1. The channels of interstate commerce
2. The instrumentalities of interstate commerce, or persons or things in interstate commerce
3. Activities that substantially affect or substantially relate to interstate commerce
   [can only aggregate economic activities]

Question 21

Federal Anti-Commandeering Principal

Answer 21

Feds cannot force State and Local Gov’ts to implement Fed Laws . Regulations (gun checks)

~BUT~

Can use Incentives and can regulate the states but cannot force the states to regulates their citizens (dmv personal info)

–10th Amendment restrictions on Fed –

Question 22

Can Tax and Spend for ….?

Answer 22

The general welfare (whatever they want pretty much)
misappropriation of funds

• to pay the debts of the United States, and to provide for the common defense and general welfare of the United States.

Question 23

Taxing and Spending Test

Answer 23

a. Pursuit of the general welfare
b. Condition the funds unambiguously so the state knows what they need to do and exercise the choice knowingly
c. Condition has to be related to the project

d. Constitutional Provisions may provide an independent bar to the conditional grant

• Cannot regulate “Inactivity”
• Pressure is OK but not Compulsion

Question 24

13th Amend =

Answer 24

The only Restraint on Private Citizens

- Abolishes Slavery

Question 25

14th Amend =

Answer 25

Equal Protection and Due Process Clauses

• Only a restraint on Gov’t But Incorporates
  the States though due process

Question 26

15th Amend =

Answer 26

Right to vote shall not be abridged based on race

Question 27

Congress can Enact Laws for the 13, 14, 15th amendments that ____ and ______?

Answer 27

REMEDY and DETER

Question 28

RULE for 13 , 14, 15 amendments: can enact laws of this kind to protect groups that are “Suspect Classifications” (and authorize suits against state gov’ts for this)

Answer 28

1. a HISTORY of unequal treatment
2. an unchangeable / Immutable characteristic
3. When there is no Logical reason to treat people different (like how we treat age for DL - there is a logical reason)

~ facially neutral - need more to prove that there is an underlying discriminatory reason / purpose
~ Discriminatory Impact alone is Not enough to be a constitutional violation by itself

Question 29

3 ways around the 11th Amendment - Suing states RULE

Answer 29

1. Can sue state Officials - damages come from their pockets
2. State may waive 11th Amend Immunity - when enticed by fed money
3. §5 of the 14th is a limit on sovereign immunity - to protect civil liberties (can sue if violated)

Question 30

3 Suits that are NOT Barred against states

Answer 30

a. By state v. State
b. By Fed v. State
c. Municipalities v. state

Question 31

“Jackson Formula” to assess Executive Power level

Answer 31

1. the Executive acts with Congressional approval
2. without Congressional approval or disapproval, there is a “twilight” area
3. defying congressional orders - almost always denied / must be enumerated power (Ex. Treaties)

Question 32

Supreme Court shall have original jurisdiction

Answer 32

• ambassadors, other public ministers and consuls, and those in which a state shall be party
• can not be expanded by statute.
  (Marbury)

Question 33

Exam Tip Impeachment:
An unsettled issue is whether the Senate can interpret for itself what constitutes a “high crime or misdemeanor” or is that determination subject to judicial review?

• it directly relates to an understanding of Marbury.
• whatever Congress says they are

Answer 33

• the official had somehow abused the power of his office and was unfit to serve.
• the abuse or violation of some public trust
• relate chiefly to injuries done immediately to the society itself
• It must be closely limited to situations of conduct that inflicts serious harm on the public and that seriously compromises the officer’s ability to function in office.
• to limit the scope of the impeachment power to these most egregious circumstances and to prohibit its use beyond them.

Question 34

Exam Tip 7: Likely exam questions here:
(i) What happens if Congress prohibits possession within 1000 feet of a school of any firearm, any part of
which has been transported in interstate commerce?

Answer 34

Because of the interstate commerce component of the law here, it would probably be upheld,
even if the point of the regulation is not commercial.

(ii) What happens if Congress regulates purely intrastate activity, but activity of
a commercial or economic nature?

Because the effects of commercial or
economic activity could be aggregated, law would likely be upheld.