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 ripeness- dispute needs to be matured sufficiently to warrant a decision - Answerexceptions: wrongs capable of repitition but evading review 2. voluntary cessation by D 3. Class action lawsuits Supreme Court jurisdiction and review: original jurisdiction article 111 - Answer-the supreme court has original jurisdiction over suits b/w states and cases involving foreign ambassadors. Exception: suits b/w states must be filed in Supreme Court Methods of Supreme Court review - Answer-Discretionary review: most cases get to the Supreme Court by writ of certiorari; the ct. then decides whether to grant review mandatory review - Answer-the court must take appeals from three judge district ct panels regarding injunctive relief final judgment req. - Answer-Supreme Court only hears cases on review if there has been a final judgment of a lower fed. ct. or a states highest ct. congress limits - Answer-congress may limit courts appellate jx to certain cases under article iii. 11th amendment and sovereign immunity - Answer-under the 11th amendment fed. courts cannot hear claims from a private party. Soverign immunity bars suits against states in state ct. article one is the legislative branch what is there power - Answer-1. taxing and spending 2. regulating commerce 3. est. uniform naturalization rules and bankruptcy laws 4. raising and supporting military Necessary and proper clause - Answer-enables congress to take any action not constitutionally prohibited to carry out its express powers Power to regulate commerce: Interstate commerce - Answer-congress may regulate channels, instrumentalities, or economic activities that have a substantial effect on interstate commerce power to regulate intrastate commerce w/I states - Answer-economic activities: congress may regulate commercial or economic activities if there is a rational basis to conclude that the activity, in aggregate, substantially affects interstate commerce Congress regulating non-economic activities - Answer-congress may only regulate noneconomic activity if it has a direct, substantial economic effect on interstate commerce Dormant commerce clause - Answer-limits state laws burdening interstate commerce 10th amendment - Answer-under the 10th amendment, all powers not granted to the federal gov't nor prohibited to the states, are reserved to the states. exceptions: civil rights; congress may restrict state activities that violate civil liberties conditional grants - Answer-congress can induce but not compel state regulatory or legislative action through the use of conditional grants. req. 1. condition must be expressly stated; 2. condition must relate to the purpose of the law at issue; and 3. condition cannot be unduly coercive e.g. fed. highway funds conditioned on states maintaining a min. drinking age of 21 congressional delegation of powers - Answer-congress has broad authority to delegate legislative powers to executive and administrative agencies