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47 Cards in this Set
- Front
- Back
When is a case not ripe for review
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Case deals with a statute that has not yet been enforced.
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When is a case moot?
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Injury alleviated before the case is resolved.
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What is the rule for adequate and independent state law grounds?
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If the state decision rests on two grounds, one federal and one state, the SC will not hear the case unless reversing the federal holding will change the result
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Can federal courts enjoin pending state court proceedings?
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No
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Federal courts will abstain from deciding a federal issue in a case if there is _____________.
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Ongoing litigation of a state law issue.
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Congress may regulate commerce with ________. (3)
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1. Foreign Nations
2. Indian Tribes 3. Among the several states |
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Define the 10 amendment
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1. All powers not granted to the federal government or prohibited to the states are reserved to the states (police power)
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What are the provisions of the 10th amendment?
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1. Congress cannot compel or commandeer state legislative/regulatory activity (force state to enact laws)
2. Can induce state to act by attaching strings to money |
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The legislative branch _______ delegate executive power to itself but ________ delegate legislative power to the executive.
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1. May not
2. may |
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What is the power of treaties?
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1. Same power as federal statutes
2. always inferior to the constitution |
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The president may enter into treaties with ______ confirmation of the senate but does not need the senate to enter into _________.
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1. 2/3
3. Executive agreements |
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Executive agreements trump statutes, T/F?
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False. Statutes trump.
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What is the executive privilege?
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right of president to withhold information
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When must the executive privilege yield?
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Must yield to overriding needs in criminal cases for a fair trial but balancing test applies.
2. Presidents interest in maintaining privilege against congress' interest in disclosure |
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What are the president's appointment powers?
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1. May appoint ambassadors, federal judges and officers of the US subject to confirmation
2. Can remove them unless there is a prohibiting statute |
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Can congress give itself the power to appoint inferior officers of the united states?
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No. But can give it to the president.
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Can the president pardon someone guilty of a state crime?
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No, not even on a federal issue.
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Can the president pardon someone who has been impeached?
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No
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How much of the senate is required to convict for an impeachment?
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2/3
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Can the president be sued while in office?
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No. But can be sued after he leaves office and can be sued for things that happened before coming to office.
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A state may not discriminate against the citizens of another state unless _________
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The discrimination is necessary to achieve an important government purpose and there is no less discriminatory alternative (P and I clause)
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Corporations and aliens cannot invoke rights under the P and I clause, T/F
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True
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What are the rights implicated under the P and I clause?
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1. Violation of civil liberty
2. Right to earn a living |
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What are the three exceptions to the dormant commerce clause (where states can regulate commerce)
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1. Health and safety
2. Subsidies (can require recipients to live in state) 3. Market Participant (acts as buyer or seller of goods) |
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Strict scrutiny applies to alienage, T/F?
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True.
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Strict scrutiny applies to national origin, T/F?
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True
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Law creating legitimacy classifications for children receive what kind of scrutiny?
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Intermediate
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Restrictions on right to vote create an _______ problem and ________ scrutiny applies.
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1. Equal Protection
2. Strict |
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Restriction on the right to travel create an _______ problem and ______ scrutiny applies.
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1. Equal protection
2. Strict Scrutiny |
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What is the rule for political gerrymandering?
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1. Political - nonjusticiable
2. Disadvantage minorities (illegal) 3. Advantage minorities (legal) |
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Time place and manner restrictions receive _______ scrutiny because they are content _________.
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1. Intermediate
2. Neutral (still must leave open other avenues for speech) |
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In public forums or limited public forums, the regulation of speech must be ________
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subject matter and viewpoint neutral
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In non-public forums, the government may close to speech if ___________
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1. Reasonable
2. Neutral |
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When can groups discriminate?
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1. Intimate association
2. Integral to the purpose of the group |
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When can an individual be punished for membership in a group
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1. Affiliation is proven
2. Knowledge of illegal activity is shown AND 3. Person possesses specific intent to further illegal activity |
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What is the provision of the contract clause?
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No state can impair the obligation of contract.
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TO whom does the contract clause apply?
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The state, not the federal government
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What is the provision of the 14th amendment privileges and immunities clause?
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States cannot deny the privileges and immunities of national citizenship. (applies only when travel is at stake)
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When may a state interfere with contracts?
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1. Private - intermediate
2. Public - strict |
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Civil ex post facto laws are unconstitutional, T/F?
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False. Only criminal.
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Are bills of attainder unconstitutional?
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Yes.
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can the government give money to religious schools?
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Yes, as long as its not used for instruction (for facilities is OK)
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Is the necessary and proper clause, standing alone, enough to support a federal law?
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No. Must always work in conjunction with another federal power
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When an activity in the aggregate only, will have an effect on interstate commerce, will the court uphold the regulation of it?
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Yes.
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When can American civilians be tried by military courts?
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Only under martial law if actual warfare forces the federal courts to shut down.
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Can American soldiers be tried in civilian courts.
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No. Only military courts have jurisdiction.
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Do civilian courts have the power to review rulings by military courts?
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No.
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