Con law Test Questions with Complete Solutions

Con law Test Questions with Complete Solutions Justiciability - Answer-a case must be justiciable to be heard in federal court, which means there must be a case or controversy presented 4 elements for justifiability - Answer-1. standing 2. ripeness 3. mootness 4. political question doctrine- fed. cts will not adjudicate certain consittional issues that constitute political questions negative commerce clause - Answer-a state or local government may regulate intrastate commerce, as long as congress has not enacted laws on the subject matter. If congress has enacted laws on a particular matter, any state or local laws would be preempted by federal law. state and local governments generally cannot pass laws that (a). discriminate against out of state commerce or (b) place an undue burden on interstate commerce. a law is deemed discrimininatory when it is deemed facilly discriminatory or has discriminatory impact state laws that discriminate against out of state commerce are unconstitutional unless - Answer-a. the burdern on interstae commerce is narrowly tailored to achieve a legitimate, nonprotectionst state objective or the state is a market participant standing: a party must have concrete interest in the outcome of a claim to have the claim heard in fed. ct. - Answer-1. injury 2. causation and redressibility- P must allege that D caused the injury and that the ct. can grant a proper remedy 3rd party standing - Answer-1. p's injury adversly affects his realtionship with 3rd parties 2. injured party is unlikely or unable to assert his own rights