Con Law Midterm Exam Questions with Correct Answers

Con Law Midterm Exam Questions with Correct Answers Textualism - Answer--Focuses on the plain meaning of the text of a legal document - Looks at how the terms would be understood by people at the time they were ratified -Does not typically regard intent of drafters, adopters, or ratifiers when deriving meaning Original meaning - Answer--Consider the meaning of the texts as understood by at least some segment of the of the population at the time of the founding -Constitution text had an "objectively identifiable or public meaning at the time of the founding that has not changed over time and the tasks of judges and justices is to construct this original meaning Judical Precedent - Answer--Most commonly source of interpretation -Supreme court's prior decisions on questions of constitutional law -Judicial precedent provides possible principles, rules, or standards to govern judicial decisions in future cases with arguably similar facts Doctrinalism - Answer--look at the precedent to decide future cases - Closely related to judicial precedent -Attempts to impose a coherent analytical framework on an area law to decide particular cases Pragmatism - Answer--Involves the Court balancing the probable practical consequences of one interpretation of the constitution against another -Weighing future costs/ benefits of an interpretation to society or political branches, selecting the one that would lead to the best outcome Moral Reasoning - Answer--Certain moral concepts/ ideals underlie some terms in the text and these concepts should inform the type of interpretation -Example: equal protection/ due process National identity/ ethos - Answer--Drawing upon the distinct character and values of the American national identity and nation's institutions in order to elaborate on the Constitution's meaning Structuralism - Answer-- Draws inferences from the design of the constitution: -Relationships among the 3 branches of the fed gov (separation of powers) -Relationship between federal and state governments (federalism) -Relationship between the government and the people Historical practices - Answer-- Prior decisions of the political branches, particularly their long establishes practices -Historical practices has been used in cases involving questions about separation of powers federalism, and individual rights particularly when the text provides no clear answer What are the 3 sources of judicial power? - Answer-1. Judicial review 2. Jurisdiction of the federal court 3. Justiciability doctrines What is judicial review? - Answer--The Supreme Court's authority to decide if legislative acts or executive actions are unconstitutional - determined by the SCOTUS case of marbury v madison Marbury v. Madison - Answer-Rule: The supreme court has the authority to review acts of legislative and executive branches to determine whether they comply with the constitution What is the Supreme's Court original jurisdiction? - Answer--SC is the first and only court to hear a case -SC has original jurisdiction when a case affects ambassadors, other ministers, and consuls and when a state is a party What does it mean that the Supreme Court has appellate jurisdiction? - Answer-- complete discretion to hear cases that come to it by writ of certiorari (discretionary) - appeal (mandatory) -Supreme Court is subject to whatever exceptions and regulations Congress chooses to make - Congress has the power to limit the court's appellate jurisdiction - Court only has power over "cases and controversies" Cases and Controversies Clause - Answer-Broad: ex parte mccardle Limiting: ex parte yerger Congressional Limits of SC's Jurisdiction - Answer--Congress many not impair or direct the power of the judicial or executive branch - Law cannot require the Supreme court to reach a certain result - Congress cannot repeal an existing law to direct judicial decision making - Congress can enact a new law in effort to limit power - congress can amend a law so that it retroactively applies in the pending case