constitutional law

which case invalidated the federal gun free school zone act

US v. Lopez

the doctrine of justiciability requires you to have

a case in controversy/standing; an issue that is ripe; not moot; not a political question; and the court can offer a remedy

while in office the president is protected from suit in which of the following ways

a suit can only be brought against the president if it involves activities not directly related to carrying out the office of the presidency

what document governed the united states proper to the ratification of the u.s constitution

articles of confederation

a legislative act that inflicts capital punishment upon named persons without a judicial trial is called a

bill of attainder

which decision largely decided the presidential election of 2000

bush v. gore

law from english heritage that relies on judges developing legal principles to guide their decision making based on customs and practices of the time is called

common law

the power of judicial review extends to

congressional, executive, and state action

in marbury v.s madision the court

declared the power of judicial review and invalidated an act of congress extending to its original jurisdiction in contravention to article 3

following the jury's adverse finding, charlie diaz paid the plaintiff the $2.5 million and has been broke ever since. He has resorted to a life of crime, and was recently seen wearing a santa clause outfit and stuffing smoked slamon in his pockets at the holiday party thrown by his previous employer. he is arrested for violating massahampshire general statue for possession of an unregistered handgun. he is found guilty and is thrown into the state prison. when the president hears of old chuck's most recent legal woes he calls the massahampshire governor and says "i'm pardoning chuck. he should not have to spend another night in prison. he's no criminal." what is the result

diaz is not effectively pardoned from liability for his criminal offense

one of the presidents childhood friends is involved in an ugly civil suit involving fraud. the jury finds against the presidents friend and awards the plaintiff in the case $2.5 million. wanting to help his old chum, the president immediately calls the federal judge who heard the case and says "i;m calling to tell you that i want to pardon charlie diaz. he's a good man and shouldn't have to pay out that much money." what is the result

diaz is not pardoned because the president has no power to grand pardons in CIVIL cases

the U.S model of judicial is best described as

diffused

the constitution provides generally for two forms of federal judicial jurisdiction. those are

diversity and federal question

which doctrine maintains the idea state laws that unduly burden interstate commerce, even if the subject is unregulated by the national government, are invalid under federalism principles, because the regulation of interstate and foreign commerce belongs exclusively to the federal government

dormant commerce clause

which model of federalism maintains the theory that the national government and the state governments are coequal soverigns

dual federalism

who may declare war

entire congress

a law that makes someone criminally liable for an act that was not criminal at the time it was committed is called a

ex post facto law

the power to regulate commerce with other nations belongs

exclusively to congress

the case of jones v. clinton (1997) involved what issue

executive immunity

what is the term which means that a federal law, by its very terms, precludes the states from passing laws in conflict with the federal law

express preemption

one main difference between a treaty and an executive agreement is that

federal law always takes priority over an executive agreement but not over a treaty

executive orders are published in

federal register

during the early years of the constitution, which group championed a stronger centralized government

federalists

how many justices does it take to grant a writ of certiorari

four

which case allowed congress to prosecute marijuana crimes even when a state has a law allowing for the medicinal use of this drug

gonzalez v. raich

a writ whose purpose is to obtain immediate relief from illegal imprisonment by having the "body" (prisoner) delivered from custody and brought before the court is called

habeas corpus

which case did not involve an issue of judicial review

hammons v. simpson

what term is used to refer to a presidents refusal to expend congressionally appropriated funds

impoundment

assume that a state and the federal government hold concurrent jurisdiction over an issue and furthermore, both have enacted statutes to regulate the subject. However, the state statute is contrary to the federal law. the state law is

invalid as preempted by the federal law under the supremacy clause

who is the current chief justice of the supreme court

john roberts

what case allowed president roosevelt to intern japanese americans during world war 2

korematsu v. US

congress is looking to put an end to domestic violence in this country, in a ground-breaking move, congress passes a bill which would permit victims of domestic violence to file civil suits against their attackers for "destruction of domestic peace." is the new law authorized by the commerce clause

no, because the activity regulated is not of a commercial nature.

which of the following constitutional clauses has not contributed to the growth in federal power

powers clause of the tenth amendment

an act of grace by the chief executive of the government relieving a person of the legal consequences of a crime of which he or she has been convicted of is called

presidential pardon

which of the following best describes presidential nominations of justices to the supreme court

presidents tend to nominate individuals who they believe share their political opinions

presidential communications are

presumptively privileged from compelled disclosure

the doctrince of stare decisis et no quieta movera means

stand by precedents

which of the following best describes the framers intentions concerning the relationship between state and federal courts

state courts were to be primary courts with the federal courts possessing jurisdiction over a select group of cases

which of the following is not a role the president plays in lawmaking

submissions of bills

for an organization to have standing, it must show

that the majority of its members satisfies the standing test

the dormant commerce clause if found in what location in the constitution

the dormant commerce clause is not found in the constitution

today, a series of 85 articles that were published under the pseudonym publius in magazines and newspapers urging the ratification of the new constitution are known as

the federalist papers

congressional power to tax and spend is derived from

the general welfare clause

which of the following is not an element of the "capable of repetition yet evading review" doctrine (an exception to the mootness doctrine)?

the harm is significant the harm is capable of reoccurring, harm is significant, harm evades review. - if answer is not these 3, they're wrong

the commerce clause does not grant congress power over which of the following

the homemade pies made with the apples once in NJ

which of the following best describes the impeachment process

the house impeaches and the senate tries the impeachment

which of the following is not a power granted to congress in article 1

the power to enter into treaties

which of the following is a power granted to the president under the constitution

the power to enter into treaties with other nations

which case involved administrative regulation of the manufacture "euphoria"

touby v. US

if congress wants to ensure that motorcycle-helmet laws are passed by all of the states, the best way to do so would be to

use the general welfare clause to attach "strings" to funding provided to the states

during what era of the court did the justices dramatically expand the liberty protections afforded to individuals under the 4th amendment

warren court

In U.S v. Nixon, the supreme court considered what item of evidence

watergate tapes

forest dump's dream is to open a boutique chocolate store near the beach. he spends several years in his home state of Missouri saving money for his venture. when is has enough saved up to pay the store's rent and the food and beverage license filling fee which is $500 according to his friend in california, he finally makes his move. upon arriving in california he discovers that nonresidents must pay $7500 as a license filing fee, rather than the $500 resident fee. distraught and broke, gump runs all the way home to missouri, but too broke to buy back his home there, he keeps running and running. When will gump stop running?

when he discovers that the difference in filing fees is a violation of the privileges and immunites clause

which case allowed congress to regulate that amount of wheat grown by local farmers

wickard v. filburn

which case gives congress the most authority under the commerce clause

wickard v.s filburn

today, most cases heard by the supreme court come to it through

writ of certiorari

What was william marbury seeking from the supreme court in marbury v. madison

writ of mandamus

federal law requires that all airplanes, helicopters, blimps, and other airborne craft file a flight plan before leaving the ground. Joe farmer has been using his airplane to dust crops for years and has never filed a flight plan. Last year he was approached by a federal aviation officer and warned that failure to comply would result in a fine or imprisonment or both. Joe's response was "I'm only flying over my own land, so you can go fly a kite!" is the federal law valid?

yes, because the airways are channels or commerce. channels includes, waterways as well.

congress wants to pass a law which would limit the number of hours commercial truckers are permitted to drive in a day. does congress have the authority to do so

yes, because the truckers are instrumentalities of interstate commerce

america is a nation of individuals in debt. in order to help consumers find their way back to full solvency congress passes the debt-free consumer act which, among other things, makes it a criminal act to "extend credit in an extortionary manner" (loansharking). madeupstate uses the federal law to convict a local man commonly thought to be involved in organized crime. is this application of the federal law valid under the commerce clause

yes, because there is substantial cumulative economic effect on interstate commerce as a result of loansharking, and loansharking itself is an inherently economic activity

in what case did justice jackson (dissenting) outline the three-part model of presidential power that continues to be referred to today

youngstown sheet and tube co. v. sawyer