CONSTITUTIONAL LAW EXAM 1
QUESTIONS WITH COMPLETE
SOLUTIONS
, Judicial Review - ANSWERSThe legislative and executive branches are subject to
review by the judicial branch.
Marbury v. Madison (1803)
Marshall deemed the Supreme Court, under Article 3, Section 2, only has original
jurisdiction in cases dealing with diplomatic or state issues and in all other cases it has
appellate jurisdiction. This sets up the precedent for judicial review.
Threshold Considerations - ANSWERSIf there is no threshold consideration, there is no
case:
1.) No advisory opinions
2.) Standing
3.) Mootness
4.) Political questions
Lujan v. Defenders of Wildlife (1992)
Plaintiffs have no standing in this case against the Endangered Species Act because
the threat of the extinction of a species alone brings no individual injury.
Court Packing Plan of 1937 - ANSWERSFDR's attack on the Supreme Court after the
decision of Schecter Poultry, the plan was to require a "justice aid" to every justice over
the age of 70. This would have added 15 justices to the Supreme Court. The plan failed
but it resulted in the justices of the court to begin siding with FDR instead of going
against him. Fear? Change of Heart? No one knows.
Original Jurisdiction/Appellate Jurisdiction - ANSWERSOJ: Courts power to hear a case
the first time
AJ: Courts power to review a lower courts decision
Marbury v. Madison
Under the Judiciary Act of 1789 Marbury believed the Supreme Court had original
jurisdiction in his case. Marshall delivers the opinion that the Supreme Court can only
have original jurisdiction in cases dealing with diplomatic or state affairs. All other cases
the Supreme Court has appellate jurisdiction. By doing so, Marshall sets the precedent
for judicial review.
Negative Doctrine - ANSWERSThe government has no obligation to help a private
citizen in obtaining their rights; it just can not take them away.
Right to bear arms, but does not have to supply the guns.
DeShaney v. Winnebago County (1989)
Executive Privilege - ANSWERSIn order to "take care that the laws be faithfully
executed" the President must be able to receive information without being compelled to
make it public information.
Implied power of the President since Washington.
QUESTIONS WITH COMPLETE
SOLUTIONS
, Judicial Review - ANSWERSThe legislative and executive branches are subject to
review by the judicial branch.
Marbury v. Madison (1803)
Marshall deemed the Supreme Court, under Article 3, Section 2, only has original
jurisdiction in cases dealing with diplomatic or state issues and in all other cases it has
appellate jurisdiction. This sets up the precedent for judicial review.
Threshold Considerations - ANSWERSIf there is no threshold consideration, there is no
case:
1.) No advisory opinions
2.) Standing
3.) Mootness
4.) Political questions
Lujan v. Defenders of Wildlife (1992)
Plaintiffs have no standing in this case against the Endangered Species Act because
the threat of the extinction of a species alone brings no individual injury.
Court Packing Plan of 1937 - ANSWERSFDR's attack on the Supreme Court after the
decision of Schecter Poultry, the plan was to require a "justice aid" to every justice over
the age of 70. This would have added 15 justices to the Supreme Court. The plan failed
but it resulted in the justices of the court to begin siding with FDR instead of going
against him. Fear? Change of Heart? No one knows.
Original Jurisdiction/Appellate Jurisdiction - ANSWERSOJ: Courts power to hear a case
the first time
AJ: Courts power to review a lower courts decision
Marbury v. Madison
Under the Judiciary Act of 1789 Marbury believed the Supreme Court had original
jurisdiction in his case. Marshall delivers the opinion that the Supreme Court can only
have original jurisdiction in cases dealing with diplomatic or state affairs. All other cases
the Supreme Court has appellate jurisdiction. By doing so, Marshall sets the precedent
for judicial review.
Negative Doctrine - ANSWERSThe government has no obligation to help a private
citizen in obtaining their rights; it just can not take them away.
Right to bear arms, but does not have to supply the guns.
DeShaney v. Winnebago County (1989)
Executive Privilege - ANSWERSIn order to "take care that the laws be faithfully
executed" the President must be able to receive information without being compelled to
make it public information.
Implied power of the President since Washington.
