Con Law 2024 Exam Questions with Correct Answer

Con Law 2024 Exam Questions with Correct Answer What are the 3 modes of constitutional interpretation? Which are non-originalist? - Answer-Originalism, living document, modalities. Define originalism. - Answer-How the Constitution would have been understood at the time it was written. Define living document and its issues. - Answer-Constitution changes according to advancing social, cultural, technological ideals. It's a manipulable constitution, and judges-rather than the people-will have a larger say in what those changes look like. What are the six modalities and their definitions? - Answer-Textual-what the plain language says. Historical-the Framer's intent. Doctrinal-in light of precedent and earlier cases. Structural-in light of the structure of the federal government. Ethos-in light of American values; freedom, liberty, democracy, etc. Prudency-in light of common sense. Art. I, generally. - Answer-Legislative powers, vested in Congress. Art I. Sec. 8 - Answer-The list of Congress' powers. Art. II, generally - Answer-Executive powers, vested in the President. Art. III, generally. - Answer-Judicial powers, vested in the Supreme Court and federal courts. Art. III Sec. I - Answer-The vesting clause. Judicial power shall be vested in one Supreme Court, and in such inferior courts as Congress may from time to time ordain. Is Congress required to create lower federal courts? - Answer-No. Art. III, Sec. 2 Clause 1. - Answer-Court's original jurisdiction. Judicial power shall extend to all cases [11 categories listed]. What federal jurisdiction do you have if your suit does not fit in any of the elven categories under Art. 3, Sec. 2, Clause 1? - Answer-None. Art 3, Sec 2, Clause 2 - Answer-In all cases affecting ambassadors, public ministers/consuls, and where a State is a party, the US SC has original jurisdiction. In all other cases of federal jurisdiction, the US SC has appellate jurisdiction. Art. 4, generally. - Answer-Interstate issues. Art. 5, generally. - Answer-The amendment process. Art 6, generally. - Answer-Supremacy Clause. Art 7, generally. - Answer-Ratification. Define separation of powers. - Answer-The system of checks and balances that ensure no branch of government can overreach the others. Where in the Constitution is separation of powers outlined? - Answer-Nowhere. No explicit clause. Where is separation of powers implied? - Answer-The vesting clauses. How is the separation of powers implied? - Answer-Through the 10th Amendment. Any power not given in writing is not available to the fed government, so the vesting clauses reserve their powers to their respective branches. Define judicial review. - Answer-The power of the Court to say that a statute is inconsistent with the Constitution, and therefore unenforceable. Where does judicial review get its power? - Answer-The text--the "judicial power" Define, generally, the 3 situations where judicial review applies, and their cases. - Answer-Marbury situation: When a federal law says X, but The Constitution, under the Court's interpretation, says not X. Martin situation: When the Court says X on appeal from a state court, but The State court refuses to enforce X. Cooper situation: When the Court interprets the Constitution to come to a holding in X, but A State court disagrees with the Court's Constitutional interpretation in X. What are the limits on judicial review? - Answer-Political questions Case/controversy requirement Standing Congress's power to control certain aspects of fed. Court jurisdiction What cases cover the PQ doctrine? - Answer-Baker, Powell, Nixon, Zimatovsky Define a PQ. - Answer-An issue that should be answered by a branch other than the Court. Where does the PQ doctrine get its power? - Answer-"The Court decides questions of Constitutional meaning except where the Constitution elsewhere says otherwise."