CONSTITUTIONAL LAW EXAM
QUESTIONS AND ANSWERS LATEST
UPDATE
,Modalities of interpretation - ANSWERSTextual - words of the con
Structural - how the con. fits together (separation of powers)
Historical - Original intent of the frmaers. (original meaning and traditions) (interpreted in
accordance with history or background)
Doctrine/precedent - what the court's have generally decided
Ethical/National values/moral - Moral values
Prudential/practical/pragmatic- What are the consequences of the ruling? (pragmatic
consequences)
Three functions of the constitution - ANSWERSSets up limited enumerated powers
Article 1: sets out congress and grants them power to legislate and make laws.
Article 2: executive branch, President, qualifications: Commander in chief, veto,
appointments, treaties etc.
Article 3: Judicial branch, creates the SC, defines SC jurisdiction
Marbury v. Madison - ANSWERSFirst decision to declare a federal law unconstitutional
Established principle of judicial review - ability of courts to engage in review of
legislative and executive actions
SC has the power to review the constitutionality of the other branches
The judiciary can compel the executive what to do if it concerns an administrative duty
that the prez. owes
Constitution is regulatory and limits congress
Constitution is regulatory and imposes meaningful limits on the government
Article 3 limits judicial power - court cannot exceed the constraints of article 3 even if
congress says it can
Judiciary can compel executive action of those things that are ministerial (when there is
a duty owed to some person)
Holding: marbury loses out b/c scotus said they couldn't rule on the case b/c they only
had appellate jurisdiction and the case should have been in the lower court first.
However section 13 was unconstitutional b/c he should not have been allowed to file
directly in the SC.
reasoning: Appointments never got delivered.
Marshall makes an ethical argument
, Marshall's statement in Marbury v. Madison that it is "emphatically the province and
duty of the judicial department to say what the law is," is perhaps the most oft-cited
passage in the opinion.
Martin v. Hunter's Lessee - ANSWERSThe supreme court has the power to review state
court decisions.
Article 3 says the judicial power shall be vested into one supreme court and judicial
power includes reviewing determinations of federal questions
Sct. makes a textual argument (power vested in ONE supreme court) must hear all
cases
Theorizes that S. Ct can hear cases from state court
Supremacy clause - ANSWERSConstitution is the supreme law of the land
Uniformity of decision - ANSWERSNeeds to ensure uniformity in the interpretation of
federal law
For a state decision to go to the SC it must be a federal issue
Federal issue - ANSWERSStatute, treaty, compact between states, administrative
regulation, constitutional issue etc.
SC can't review state court decision concerning state law
Adequate state grounds - ANSWERSIf there are adequate and independent state
grounds for a decision the SC cannot review it
State court could have been totally wrong on the federal issue
4 corners - not adequate and independent if they didn't in the four corners of the
document specifically state that they weren't relying on state law
Virginia state cort. ruled on 2 state grounds (fed treaty does not apply, you didn't raise
the federal treaty properly
Adequate means the state law part would sustain judgment.
Independent - want a plain statement of independence if there is some plain meaning
Justiciability doctrine - ANSWERSPlaces a limit on the federal judicial power
determines which matters the FC can hear and which must be dismissed
Prohibition against advisory opinions, standing, ripeness, mootness, and PQ doctrine
QUESTIONS AND ANSWERS LATEST
UPDATE
,Modalities of interpretation - ANSWERSTextual - words of the con
Structural - how the con. fits together (separation of powers)
Historical - Original intent of the frmaers. (original meaning and traditions) (interpreted in
accordance with history or background)
Doctrine/precedent - what the court's have generally decided
Ethical/National values/moral - Moral values
Prudential/practical/pragmatic- What are the consequences of the ruling? (pragmatic
consequences)
Three functions of the constitution - ANSWERSSets up limited enumerated powers
Article 1: sets out congress and grants them power to legislate and make laws.
Article 2: executive branch, President, qualifications: Commander in chief, veto,
appointments, treaties etc.
Article 3: Judicial branch, creates the SC, defines SC jurisdiction
Marbury v. Madison - ANSWERSFirst decision to declare a federal law unconstitutional
Established principle of judicial review - ability of courts to engage in review of
legislative and executive actions
SC has the power to review the constitutionality of the other branches
The judiciary can compel the executive what to do if it concerns an administrative duty
that the prez. owes
Constitution is regulatory and limits congress
Constitution is regulatory and imposes meaningful limits on the government
Article 3 limits judicial power - court cannot exceed the constraints of article 3 even if
congress says it can
Judiciary can compel executive action of those things that are ministerial (when there is
a duty owed to some person)
Holding: marbury loses out b/c scotus said they couldn't rule on the case b/c they only
had appellate jurisdiction and the case should have been in the lower court first.
However section 13 was unconstitutional b/c he should not have been allowed to file
directly in the SC.
reasoning: Appointments never got delivered.
Marshall makes an ethical argument
, Marshall's statement in Marbury v. Madison that it is "emphatically the province and
duty of the judicial department to say what the law is," is perhaps the most oft-cited
passage in the opinion.
Martin v. Hunter's Lessee - ANSWERSThe supreme court has the power to review state
court decisions.
Article 3 says the judicial power shall be vested into one supreme court and judicial
power includes reviewing determinations of federal questions
Sct. makes a textual argument (power vested in ONE supreme court) must hear all
cases
Theorizes that S. Ct can hear cases from state court
Supremacy clause - ANSWERSConstitution is the supreme law of the land
Uniformity of decision - ANSWERSNeeds to ensure uniformity in the interpretation of
federal law
For a state decision to go to the SC it must be a federal issue
Federal issue - ANSWERSStatute, treaty, compact between states, administrative
regulation, constitutional issue etc.
SC can't review state court decision concerning state law
Adequate state grounds - ANSWERSIf there are adequate and independent state
grounds for a decision the SC cannot review it
State court could have been totally wrong on the federal issue
4 corners - not adequate and independent if they didn't in the four corners of the
document specifically state that they weren't relying on state law
Virginia state cort. ruled on 2 state grounds (fed treaty does not apply, you didn't raise
the federal treaty properly
Adequate means the state law part would sustain judgment.
Independent - want a plain statement of independence if there is some plain meaning
Justiciability doctrine - ANSWERSPlaces a limit on the federal judicial power
determines which matters the FC can hear and which must be dismissed
Prohibition against advisory opinions, standing, ripeness, mootness, and PQ doctrine
