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
