midterm 1

Question 1

Judicial Review

Answer 1

The Supreme Court’s power to review the constitutionality of a governmental law or action
“Declaring laws unconstitutional”

Question 2

Decision on the Merits

Answer 2

Decision about the legal questions raised in the case (not reached)
They did not get to the legal question for another reason

Question 3

Standing

Answer 3

The party must have suffered a concrete injury or be in imminent danger of suffering such a loss
The injury must be traceable to the defendant,
The party must show that a favorable court decision will provide a remedy

Question 4

Limits on Judicial Power

Answer 4

Advisory Opinions
-Case must contain an actual controversy
Collusion
-Court will not hear cases where both parties want the same
outcome; there is no controversy between the parties, or parties
are merely testing the law
Mootness
-Court will not decide cases when there is no longer a controversy
Already been resolved
Ripeness
-Court will not hear cases that have been brought too early
EX: before a law goes into effect

Question 5

Political Questions (Baker v. Carr)

Answer 5

Separation of powers
-Legal question involving co-equal branches of government
Foreign Affairs
-Court should not risk embarrassing the US abroad
Judicially manageable standards are lacking, no judicial remedy or standard for review

Question 6

Article I, Section 8

Answer 6

Enumerated Powers and Necessary and Proper Clause

Question 7

Commerce clause

Answer 7

“The Congress shall have the power to regulate commerce with foreign nations, and among the several states and with the Indian tribes.”

Question 8

Implied Power of Investigation

Answer 8

Implied powers come from enumerated powers, and necessary and proper clause, legislative function

Question 9

Article II, Section 2, Clause 3

Answer 9

“The president shall have the power to fill up all vacancies that may happen during the Recess of the Senate,” by granting Commissions which shall expire at the End of their next session

Question 10

Federalist 77:

Answer 10

“The consent of that body (the senate) would be necessary to displace as well as appoint.”

Question 11

Formalism

Answer 11

Distinct, separate powers

Question 12

Functionalism

Answer 12

Shared powers

Question 13

Youngstown Test

Answer 13

First, when the President acts with the express or implied authorization of Congress then the President’s authority is at its greatest.
Second, in the absence of either a congressional grant or prohibition then the President acts in a zone of twilight.
The third circumstance is when the President takes measures that go against the expressed will of Congress, his power is at its lowest.

Question 14

Power To Tax

Answer 14

Enumerated Power
Tax Imports
Impose Taxes on manufacturing, sale, or use of goods
Requires uniform taxation across the states.

Question 15

Limitations on Power to Tax

Answer 15

Article 1, Section 9: Direct Taxes should be apportioned on the basis of population.
Article 1, Section 10: Prohibits the states from imposing any duty on imports or exports, as well as any tax on the cargo capacity of vessels using the nation’s ports.

Question 16

Excise Tax

Answer 16

Taxes paid when purchases are made on a specific good, such as gasoline.

Question 17

Direct Tax

Answer 17

Tax paid directly by an individual or an organization like an income tax.

Question 18

Power to Spend

Answer 18

Funds may be raised to pay government debts, to fund the nation’s defense, and to provide for general welfare.

Question 19

Gerrymander

Answer 19

To manipulate the boundaries of an electoral constituency so as to favor one party or group.

Question 20

Anti-Commandeering Doctrine

Answer 20

Congress can encourage states to adopt its policy preferences but cannot compel state regulation

Question 21

Federal legislation preempts states law when

Answer 21

Congress expressly states that the law is intended to supersede state action
The scheme of federal regulation is pervasive enough that Congress leaves no room for state action.
The federal concern is such that it precludes state involvement.
State and national law conflict, making compliance with both impossible or where the state law impedes implementation of the national law.

Question 22

Sovereignty

Answer 22

Supreme power or authority/ of a self governing state

Question 23

Sovereign immunity

Answer 23

Principle that one cannot sue a sovereign, rooted in British monarchy

Question 24

When the Supreme Court vacates a low court’s decision, it means that the lower court’s ruling is:

Answer 24

Rendered void, as if the that ruling never occurred.

Question 25

writ of mandamus

Answer 25

A court order telling a member of the executive branch to do something.

Question 26

habeas corpus

Answer 26

A prisoner’s right to challenge the legality of his/her detention in a court.

Question 27

Certiorari

Answer 27

The first step in appealing to the Supreme Court.

Question 28

Injunction

Answer 28

A court order telling a government entity to do or stop doing something.

Question 29

In Wayman v. Southard (1825), the Supreme Court allowed Congress to delegate authority to the judiciary to create its own rules and procedures. This type of ruling adopts a ______ approach.

Answer 29

Functional

Question 30

In South Carolina v. Katzenback (1966) the Supreme Court upheld the Voting Rights Act as an example of Congress’s:

Answer 30

Amendment enforcing powers.

Question 31

The __________ Clause in Article I gives members of Congress immunity during legislative sessions.

Answer 31

Speech and Debate

Question 32

The __________ doctrine states that a law is unconstitutional if it is so unclear that a person cannot understand what is being criminalized.

Answer 32

Void for vagueness

Question 33

In Trump v. Marzas (2020) the Court ruled that:

Answer 33

Congress can subpoena the president’s personal documents but must first show the need for the documents and that the documents serve a valid legislative purpose.

Question 34

In Bush v. Gore (2000), the Supreme Court found that the state court’s vote counting procedures violated the 14th Amendment, because:

Answer 34

States must use the same procedure to count all votes in the state.

Question 35

Article VI, states that:

Answer 35

Federal law is supreme law and states are bound by it.