Law 404 Final Exam 2023 updated (A+ Graded already)

IRAC is a method of analysis whereby: correct answers A legal problem can be identified and resolved. What are the three big questions of institutional choice in American constitutional law? correct answers Federalism, separation of powers, and individual rights What is NOT a standard type of legal argument used in hard constitutional cases? correct answers Arguments based on political partisanship The central question in EVERY constitutional case is ... correct answers which institution should be understood to possess decision-making authority over the subject at hand. By broad consensus, the greatest weakness of the federal government is ... correct answers its remoteness from the people and consequent susceptibility to tyranny of the minority. (DOUBLE CHECK) Which of the following statements best explains the differences in the Steel Cases between the writings of Justices Black and Jackson? a.) Black would have reversed the lower court decision, but Jackson agreed with it. b.) Jackson was less concerned about whether Congress impliedly or expressly authorized the President's actions c.) Black focused on answering the legal question whereas Jackson provided a conceptual framework to analyze such issues. correct answers c.) Black focused on answering the legal question whereas Jackson provided a conceptual framework to analyze such issues. Justices Scalia, Thomas, and Stevens all agreed on the following in Whitman v. Amer. Trucking Asssn.: a.) Whitman directed the EPA to write very strict ambient air quality standards. b.) The EPA did not violate the anti-delegation doctrine. c.) The American Trucking Association persuasively argued that there is no support for EPA authority in constitutional text or precedent. d.) The "intelligible principle", which was created in 1928, should be re-considered because so much as changed in the last 100 years. correct answers b.) The EPA did not violate the anti-delegation doctrine. What is a good institutional argument supporting presidential removal power? A. Presidents are more likely to know administrative officials than members of Congress. B. Administrative officials are more likely to have technical expertise than the president. C. The president was elected by a majority of the voters. correct answers C. The president was elected by a majority of the voters.