CALIFORNIA BAR EXAM: CONSTITUTIONAL
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Questions!!
JUSTICIABLE CASE OR CONTROVERSY: DEFINE "RAMPSE" correct answers R-
Ripeness
A-Absention
M-Mootness
P-Political Question
S-Standing
E-Eleventh Amendment
RIPENESS correct answers P not entitled to review of statute or regulation before
enforcement unless (1) P will suffer some harm or immediate threat of harm, (2) issue fit for
judicial review, and (3) there is a record for judicial review.
ABSTENTION correct answers Federal court will abstain from resolving a constitutional
claim when based on unsettled question of state law.
MOOTNESS correct answers A real controversy must exist at all stages of review. If the
matter has already been resolved, case will be dismissed as moot unless (1) controversy is
capable of repetition but evading review, (2) voluntary cessation, only representative's
controversy in a class action is moot but other class members' claims still viable.
POLITICAL QUESTION correct answers Issues constitutionally committed to political
branches or inherently incapable of judicial resolution.
STANDING correct answers P must show concrete and particularized interest in the case.
1. Individual standing requires (1) personal injury in fact, (2) causation between conduct and
the injury, and (3) redressability.
2. Standing to assert rights of others requires a special relationship between claimant and 3rd
party, or it is difficult for 3rd party to assert own right.
3. Associational or Organizational standing requires (1) individual members have standing,
(2) interests germane to organization's purpose, and (3) individual members participation in
the lawsuit not required.
ELEVENTH AMENDMENT correct answers Prohibits federal courts from hearing private
party's claims against state government unless private party sues state officer, the state
consents, or Congress removes immunity.
SEPARATION OF POWERS - BRANCHES OF GOVERNMENT correct answers 1.
Judicial
2. Executive
3. Legislative
FEDERAL EXECUTIVE POWER - FOREIGN POWER correct answers a. Treaty Power:
President can enter into an agreement with foreign country with 2/3 Senate approval. Treaty
prevails over conflicting state laws.
, b. Executive Agreement: President may enter into an agreement with a foreign country.
Agreement prevails over conflicting state laws but not federal or Constitution.
c. War and Foreign Relation Power: President has no power to declare war but may act
militarily in actual hostilities.
FEDERAL EXECUTIVE POWER - DOMESTIC POWERS correct answers a. Appointment
and Removal
b. Pardons
c. Veto
d. Chief Executive (1) If President acts with express or implied Congressional authority, his
actions are at its highest; (2) if President acts where Congress silent, his action will be upheld
unless usurps power of another branch; and (3) if President acts against express
Congressional will, he has little authority.
FEDERAL EXECUTIVE POWER - EXECUTIVE PRIVILEGE AND IMMUNITY correct
answers a. President has privilege to keep certain communications secret, particularly
national security, but not in criminal proceedings where the prosecution shows a need.
b. President has absolute immunity from civil damages for acts while in office.
FEDERAL EXECUTIVE POWER - IMPEACHMENT correct answers Majority vote in the
House to charge impeachment and a 2/3 Senate vote to convict and remove from office.
FEDERAL LEGISLATIVE POWERS - CONGRESS'S AUTHORITY TO ACT correct
answers a. There must be express or implied Congressional power.
b. The necessary and proper clause - Congress may take any action not prohibited by the
Constitution to carry out its powers.
FEDERAL LEGISLATIVE POWERS - SOURCE OF POWER - ENUMERATED POWERS
correct answers a. Commerce Clause (1) Channels of interstate commerce; (2)
Instrumentalities of interstate commerce and persons or things in interstate commerce; (3)
Economic activities that have a substantial effect on interstate commerce. (In the area of non-
economic activity, a substantial effect cannot be based on cumulative impact.)
b. Tax and Spending - Congress may tax and spend for the general welfare and may enact any
tax to raise revenue for the general welfare.
c. Taking Property
d. Citizenship
e. Civil Rights
f. Foreign Affairs
g. War
h. Elections
FEDERAL LEGISLATIVE POWERS - LIMITATIONS ON POWER OF 10TH
AMENDMENT correct answers All powers not granted to the US, nor prohibited to the
states, are reserved to the states or the people. (a) Congress cannot compel state regulatory or
legislative action but can induce state government action by putting strings on grants. (b)
Congress may prohibit harmful commercial activity by state governments.
FEDERALISM: PREEMPTION correct answers The Supremacy Clause of Article VI
provides that the Constitution, and laws and treaties made pursuant to it, are the supreme law
of the land.
LAW || Guaranteed Grade Booster: A+ Verified Exam
Questions!!
JUSTICIABLE CASE OR CONTROVERSY: DEFINE "RAMPSE" correct answers R-
Ripeness
A-Absention
M-Mootness
P-Political Question
S-Standing
E-Eleventh Amendment
RIPENESS correct answers P not entitled to review of statute or regulation before
enforcement unless (1) P will suffer some harm or immediate threat of harm, (2) issue fit for
judicial review, and (3) there is a record for judicial review.
ABSTENTION correct answers Federal court will abstain from resolving a constitutional
claim when based on unsettled question of state law.
MOOTNESS correct answers A real controversy must exist at all stages of review. If the
matter has already been resolved, case will be dismissed as moot unless (1) controversy is
capable of repetition but evading review, (2) voluntary cessation, only representative's
controversy in a class action is moot but other class members' claims still viable.
POLITICAL QUESTION correct answers Issues constitutionally committed to political
branches or inherently incapable of judicial resolution.
STANDING correct answers P must show concrete and particularized interest in the case.
1. Individual standing requires (1) personal injury in fact, (2) causation between conduct and
the injury, and (3) redressability.
2. Standing to assert rights of others requires a special relationship between claimant and 3rd
party, or it is difficult for 3rd party to assert own right.
3. Associational or Organizational standing requires (1) individual members have standing,
(2) interests germane to organization's purpose, and (3) individual members participation in
the lawsuit not required.
ELEVENTH AMENDMENT correct answers Prohibits federal courts from hearing private
party's claims against state government unless private party sues state officer, the state
consents, or Congress removes immunity.
SEPARATION OF POWERS - BRANCHES OF GOVERNMENT correct answers 1.
Judicial
2. Executive
3. Legislative
FEDERAL EXECUTIVE POWER - FOREIGN POWER correct answers a. Treaty Power:
President can enter into an agreement with foreign country with 2/3 Senate approval. Treaty
prevails over conflicting state laws.
, b. Executive Agreement: President may enter into an agreement with a foreign country.
Agreement prevails over conflicting state laws but not federal or Constitution.
c. War and Foreign Relation Power: President has no power to declare war but may act
militarily in actual hostilities.
FEDERAL EXECUTIVE POWER - DOMESTIC POWERS correct answers a. Appointment
and Removal
b. Pardons
c. Veto
d. Chief Executive (1) If President acts with express or implied Congressional authority, his
actions are at its highest; (2) if President acts where Congress silent, his action will be upheld
unless usurps power of another branch; and (3) if President acts against express
Congressional will, he has little authority.
FEDERAL EXECUTIVE POWER - EXECUTIVE PRIVILEGE AND IMMUNITY correct
answers a. President has privilege to keep certain communications secret, particularly
national security, but not in criminal proceedings where the prosecution shows a need.
b. President has absolute immunity from civil damages for acts while in office.
FEDERAL EXECUTIVE POWER - IMPEACHMENT correct answers Majority vote in the
House to charge impeachment and a 2/3 Senate vote to convict and remove from office.
FEDERAL LEGISLATIVE POWERS - CONGRESS'S AUTHORITY TO ACT correct
answers a. There must be express or implied Congressional power.
b. The necessary and proper clause - Congress may take any action not prohibited by the
Constitution to carry out its powers.
FEDERAL LEGISLATIVE POWERS - SOURCE OF POWER - ENUMERATED POWERS
correct answers a. Commerce Clause (1) Channels of interstate commerce; (2)
Instrumentalities of interstate commerce and persons or things in interstate commerce; (3)
Economic activities that have a substantial effect on interstate commerce. (In the area of non-
economic activity, a substantial effect cannot be based on cumulative impact.)
b. Tax and Spending - Congress may tax and spend for the general welfare and may enact any
tax to raise revenue for the general welfare.
c. Taking Property
d. Citizenship
e. Civil Rights
f. Foreign Affairs
g. War
h. Elections
FEDERAL LEGISLATIVE POWERS - LIMITATIONS ON POWER OF 10TH
AMENDMENT correct answers All powers not granted to the US, nor prohibited to the
states, are reserved to the states or the people. (a) Congress cannot compel state regulatory or
legislative action but can induce state government action by putting strings on grants. (b)
Congress may prohibit harmful commercial activity by state governments.
FEDERALISM: PREEMPTION correct answers The Supremacy Clause of Article VI
provides that the Constitution, and laws and treaties made pursuant to it, are the supreme law
of the land.
