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5 Written questions

5 Matching questions

  1. Voting Issue Not Deemed
    "Fundamental"
  2. Statutory Regulation of Appellate
    Jurisdiction
  3. 11th Amendment
  4. Fundamental Right of Privacy

    CAMPER
  5. Preemption Doctrine:
  1. a 1. By Certiorari (discretionary; the
    "Rule of 4")
    2. By Appeal (very limited)
  2. b A state may not be sued in federal court by its
    own citizens or citizens of another state
    without consent
  3. c C Contraception
    A Abortion
    M Marriage
    P Procreation
    E Private Education
    R Family Relations
  4. d  Apply Rational Basis
     The right to be a candidate
    1. Payment of a filing fee
    2. Both minimum and maximum age
    restrictions
  5. e Any state law in
    an area where Congress intends to
    occupy the field is unconstitutional.

5 Multiple choice questions

  1. A case is moot unless an actual
    controversy exists at all stages of review, unless
    the injury is capable of repetition, yet evading
    review
  2. Apply 3-part test. Regulation must:
    1. Further a significant government interest
    2. Be narrowly tailored, and
    3. Leave open alternative channels of
    communication
  3. Plaintiff must show a concrete
    personal stake in the outcome.

    1. Injury-in fact (i.e., economic, aesthetic,
    environmental)
    2. Causation/redressibility
  4. President appoints "principal officers" with
    Senate consent (e.g., Cabinet Members,
    Heads of Departments).
     Congress delegates appointment of "inferior
    officers" (e.g., Deputy Cabinet Members,
    Members of Federal Agencies) to:
     The President
     Heads of Departments, and/or
     The Judiciary
  5. 1. State officials may be sued personally for
    a) money damages or
    b) enjoined for federal law violations
    2. A state may be sued by another state or by the United States
    3. Congress may waive a state's 11th Amendment immunity under
    the Enforcement Clause of Section 5 of the 14th Amendment

5 True/False questions

  1. Hierarchy of Laws1. Constitution
    2. Act of Congress
    Treaty
    3. Executive Agreement- foreign
    policy/affairs
    Executive Order - domestic policy
    4. State Law

          

  2. Procedural Due ProcessThe procedural safeguards of
    notice and a hearing are available
    whenever there is a serious
    deprivation of any life, liberty, or
    property interest.

          

  3. To Uphold a Federal Statute (3)1. Dormant Commerce Clause
    a. Non-discriminatory
    b. No undue burden on interstate
    commerce -use a balancing
    test
    2. Police Power- health, safety,
    welfare, morals, aesthetics

          

  4. Supremacy Clause

     Supersession Doctrine:
    A federal law
    will supersede any state law in direct
    conflict.

          

  5. Statute Neutral on its Face
    Plaintiff must show:
    1) discriminatory effect, and
    2) discriminatory purpose

    To raise the burden of persuasion above
    rational basis.

          

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