Practice Set 3

Question 1

What type of property is the government required to provide notice before seizure?

Answer 1

Real property but not personal property

Question 2

Are liens interests that are protected by the takings clause?

Answer 2

Yes

Question 3

Who has the exclusive power to recognize foreign governments?

Answer 3

The President - Congress cannot reverse this Presidential decision

Question 4

When can a statute fail the rational basis test?

Answer 4

When the government imposes a burden upon or deny a benefit to a group of persons solely based on animosity toward the class that it affects without promoting an important government interest

Question 5

What is required if Congress wants to attach conditions to states receiving federal funds?

Answer 5

Conditions must be set out unambiguously to be enforceable

Question 6

When are prior restraints on speech permitted?

Answer 6

1. When there is a particular harm to be avoided AND

2. Certain procedural safeguards are provided to the speaker

Question 7

What is required for time place and manner restrictions on public speech permitted for public forums?

Answer 7

1. Content neutral
2. Alternative channels must be provided
3. Narrowly serve a significant state interest

Question 8

What rights does the 21A give to states?

Answer 8

It gives states the authority to prohibit the transportation or importation of alcoholic beverages (1) into the state for delivery or (2) use within the state

Question 9

What does the Elections Clause do?

Answer 9

Allows states to choose the time, place, and manner of federal elections, subject to override by Congress

Question 10

What does a state have to do in order to properly ban write-in candidates?

Answer 10

The state must provide other reasonable means by which a candidate can get on the ballot

Question 11

When is Congress permitted to delegate appointments to the President without Congressional approval?

Answer 11

When the appointment is for inferior officials - they will be supervised by Senate-confirmed appointee

Question 12

When is a state permitted to impose educational standards on homeschooling?

Answer 12

When standards are reasonable

Question 13

What are two limitations under the First Amendment on state’s right to determine rules for elections?

Answer 13

States cannot interfere with political party’s (1) endorsement, or (2) selection of a candidate

Question 14

Are corporations protected by the Comity Clause?

Answer 14

No

Question 15

When is Congress permitted to revoke citizenship?

Answer 15

1. With consent
2. Obtained in fraud
3. Obtained in bad faith

Question 16

When is Congress not permitted to delegate appointment authority?

Answer 16

When it tries to delegate an appointment that it does not have the power to appoint - such as administrative or enforcement officers

Question 17

What are powers granted to Congress under the Property Clause?

Answer 17

1. Dispose of property owned by the US
2. Make incidental rules regarding use of property owned by the US
3. Power to protect property owned by US