Tricky MBE Questions Flashcards
What is the Exceptions Clause of Article III?
The Exceptions Clause of Article III grants Congress the power to limit the Supreme Court’s appellate jurisdiction over certain types of cases.
What is the Property Clause of Article IV Section 3?
The Property Clause of Article IV Section 3 grants Congress the power to dispose of and regulate federally owned land (such as DC or military bases).
T/F: The president has plenary (absolute) authority to conduct all foreign affairs of the USA.
False. The president has the power to conduct foreign affairs but it is subject to limits (and thus not plenary). For example, Congress can limit the president’s power to deploy troops abroad by setting the military budget.
Even though the state has a legitimate interest in regulating professional institutions like the bar, a state cannot inquire about an individual’s associations in order to determine whether to admit the person into a professional institution. Why?
Inquiring about an individual’s associations to withhold a right OR a benefit because of the individual’s beliefs violates the freedom of association protected by the First Amendment. The Supreme Court has held that there are less restrictive means to determining the character and professional competence of bar applicants.
T/F: If a government builds a small shed on a farmer’s 100 acre tract of land, whether this act is a taking will depend on the shed’s effect on the farmer’s economic use of the land.
False. ANY PERMANENT PHYSICAL occupation by the government of private property is a taking for which just compensation is required. The effect of the occupation or the size of the occupation are irrelevant.
Physical invasion or intrusion of property is ________ but not _________ to establish a taking within the meaning of the ___ Amendment, applied to the states through the 14th Amendment.
Physical invasion or intrusion of property is sufficient but is not necessary to establish a taking within the meaning of the Fifth Amendment, as applied to the county by the Fourteenth Amendment.
T/F: A State cannot construe equal protection in its own state constitution independently of the US Constitution.
False. A State can construe the equal protection clause differently.
T/F: if it is unclear whether a state court decided a case on federal or state law, the Supreme Court may exercise its discretion to hear the case and decide the matter itself.
False. When it is unclear whether a state court decided a matter based on state or federal law (no clear IASG), the Supreme Court must dismiss the case or remand the case to state court for clarification.
T/F: a state tax cannot tax the federal government.
False. A state can tax the federal government if the tax is valid, nondiscriminatory, and not unreasonably burdensome.
Congress recently passed a law providing that the president must choose the ambassador to China from a list of 3 people. Once the president has chosen, the appointment is valid unless Senate objects within 30 days. Is this law constitutional?
No. Unconstitutional because the law violates the president’s appointment powers. The president is free to appoint whoever he/she chooses, subject to Congress’ approval and consent. Congress must expressly consent (so no automatic appointment after some time elapses).
T/F: Congress’ power to investigate is limited to matters on which it can legislate.
True.
T/F: Congress can pass a law forcing the president to withdraw troops, without the possibility of presidential veto.
False. Laws that affect the legal rights, duties, and relations of persons, including executive branch officials, must be subject to the possibility of presidential veto (which may be overridden by a 2/3 vote in both houses).
A state bans handing out leaflets of any type regardless of content within 100 feet of any healthcare clinic offering abortion services. Is this law constitutional?
No. In a public or designated public forum, a time place manner regulation must be 1) content neutral, 2) narrowly tailored, 3) leave open alternative channels of communication. Even though the law is content-neutral, it is not narrowly tailored. The Supreme Court has ruled that a “buffer zone” law of 35 feet was too broad. Targeted injunctions are a better measure.
A school’s funding of a private school is part of a program that does not have a religious purpose, and does not advance or inhibit religion. However, most of the teachers are religious and students consider the teachers role models. Is the school’s funding of the school constitutional?
Yes. The mere fact that the children may consider the organization’s staff to be role models is insufficient to constitute an establishment of religion.
What is the Full Faith and Credit Clause of Article IV Section I of the Constitution?
The Full Faith and Credit Clause of Article IV Section I provides that a state must give full faith and credit to the judgment of another state’s court if the judgment is final, on the merits, and rendered by a court with jurisdiction.
