Constitutional Law

Question 1

Legislative Power

Answer 1

1. Collect taxes
2. Borrow money on credit
3. Declare war
4. Raise and support the army
5. Necessary and proper

Question 2

Commerce Clause

Answer 2

Congress must show:

1. the regulated activity is economic in nature
2. the regulated activity has a substantial effect on interstate commerce

Question 3

10th Amendment

Answer 3

Prevents congress from interfering with the legislative process of the states by directly compelling them to enact and enforce a federal regulatory scheme

Question 4

Taxing Power

Answer 4

A tax is valid if it raises revenue or it was intended to raise revenue

Question 5

Conditions on the Receipt of Federal Funds

Answer 5

Valid if:

1. Spending serves the general welfare
2. condition is unambiguous
3. condition relates to the federal program
4. state is not required to undertake unconstitutional action
5. amount in question is not so great as to be considered coercive

Question 6

Congressional Power

Answer 6

1. Declare war
2. Raise and support armies
3. Investigatory Power
4. Eminent domain
5. Bankruptcy power
6. Speech and debate clause
7. Ban slavery (13th)
8. 14th equal protections and due process
9. 15th voting rights

Question 7

Executive Powers

Answer 7

1. Appointment
2. Removal (good cause needed to remove executive officers with fixed terms or those with judicial functions)
3. Veto
4. Pardon
5. Obligation to Report (from time to time)
6. Military
7. Treaty
8. Executive agreements

Question 8

Appointment Power

Answer 8

Congress cannot appoint members to any agency or commission with administrative power

Question 9

Appropriations Power

Answer 9

When congress by legislative act explicitly directs the present to spend money, the president must do so.

Question 10

Hierarchy of Laws

Answer 10

1. Constitution
2. Acts of Congress and Treaties (Last in time prevails)
3. Executive Agreements and Executive Orders
4. State Law

Question 11

Supremacy Clause

Answer 11

Prevents the states from regulating the activities of agents or instrumentalities of the federal gov. if the regulation will interfere with gov’s ability to carry out federal functions

Question 12

Immunity from Fed. Tax

Answer 12

Applies to:

1. Unique state activities OR
2. Essential gov. functions

Question 13

State Engaging in Proprietary Business

Answer 13

If reg. discriminates between in-state and out-of-state actors, then the state must show that:

1. reg. serves a compelling state interest AND
2. reg. is narrowly tailored to serve that interest

Question 14

Ex Post Facto Laws

Answer 14

1. makes criminal an act that was not a crime when committed
2. prescribes greater punishment for a crime after its commission
3. decreases the amount of evidence required for conviction OR
4. extends the statute of limitations for a crime

Question 15

Establishment Clause

Answer 15

No religious preference then apply Lemon Test:

1. the statute must have a secular legislative purpose
2. the primary purpose must neither advance nor inhibit religion AND
3. the statute must not foster excessive gov entanglement with religion

Question 16

Conduct Regulation

Answer 16

If an incidental burden is placed on speech, then the law is allowable if:

1. the reg. furthers an important or substantial gov. interest that is unrelated to the suppression of free expression AND
2. the incidental restriction on speech is no greater than is essential to the furtherance of that interest

Question 17

Unprotected Speech

Answer 17

1. advocates violence
2. fighting words
3. hostile audience speech
4. obscene speech
5. defamatory speech

Question 18

Obscene Speech

Answer 18

1. the average person, applying contemporary community standards, would find the work as a whole deals with sex
2. the work describes sex offensively
3. the work lacks serious literary, artistic, political, or scientific value

Question 19

Defamatory Speech

Answer 19

• Public Person: P must prove actual malice, i.e. knowledge of the falsity or reckless disregard of the truth or falsity of the statement
• Private Person: P needs to prove negligence about the truth or falsity of the statement

Question 20

Commercial Speech

Answer 20

Protected if it is not false or deceptive and doesn’t related to an unlawful activity. Reg must satisfy the following:

1. Serve a substantial gov interest
2. must directly advance the substantial gov. interest AND
3. must not be more extensive than necessary

Question 21

Speech by Public Employees

Answer 21

The gov. has a legit interest in regulating the speech of employees to promote efficiency of its public services.

1. Did the employee speak as a citizen
2. Did the employee speak on a matter of public concern
3. Balance employee’s interest against employer’s interest in promoting public efficiency

Question 22

Time, Place, and Manner Restrictions

Answer 22

Reg must:

1. be content-neutral on subject matter and viewpoint
2. be narrowly tailored to serve a significant gov interest
3. leave alternative channels of communication open

Question 23

Membership in Political Organization

Answer 23

A public employee can be denied employment based on membership in a political organization if the position is a high level policy making position

Question 24

Advisory Opinions

Answer 24

Cannot be given by the supreme court or fed courts, but can be given by state courts

Question 25

Declaratory Judgment

Answer 25

Can be given by the federal court to determine the legality of proposed conduct without awarding damages or injunctive relief

Question 26

RAMPS

Answer 26

``` Ripeness Abstention and adequate grounds Mootness Political Question Standing ```

Question 27

Abstenation

Answer 27

1. Undecided issues of state law 2. State law or regulation is unclear 3. State criminal proceedings are pending

Question 28

Standing

Answer 28

1. Injury in fact 2. Causation 3. Redressability

Question 29

Grounds for Certiorari

Answer 29

1. conflict between different fed. courts of appeal 2. conflicts between the highest courts of two states 3. conflicts between the highest court in a state and a federal court of appeal 4. state courts or fed court of appeals involving important, unresolved issues.

Question 30

Dormant Commerce Clause

Answer 30

If reg. discriminates between in-state and out-of-state actors, then the state must show that: 1. reg. serves a compelling state interest AND 2. reg. is narrowly tailored to serve that interest

Question 31

Takings

Answer 31

A reg that denies the owner all reasonable economic use of the land

Question 32

Taxpayer Spending

Answer 32

Generally, taxpayers lack standing because their interest is too remote. However, A fed. taxpayer has standing to make an establishment clause challenge to an expenditure enacted under the Taxing and Spending power.

Question 33

Third-Party Standing

Answer 33

1. Special relationship between the claimant and third-party | 2. Third-party is unable or finds it difficult to bring suit on his own behalf

Question 34

Associational Standing

Answer 34

1. members would otherwise have standing to sue 2. interest asserted is germane to association's purpose AND 3. neither the claim asserted nor the relief requested would require participation by the individual members in the lawsuit