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5 Written Questions

5 Matching Questions

  1. 11th Amendment
  2. Procedural Due Process
  3. Obscenity Test (Miller v. Calif)
  4. Preemption Doctrine:
  5. Case and Controversy
  1. a Federal Court adjudication
    requires an actual and definite
    dispute between parties having
    adverse legal interests.
  2. b A state may not be sued in federal court by its
    own citizens or citizens of another state
    without consent
  3. c Any state law in
    an area where Congress intends to
    occupy the field is unconstitutional.
  4. d The procedural safeguards of
    notice and a hearing are available
    whenever there is a serious
    deprivation of any life, liberty, or
    property interest.
  5. e To be obscene the material must:
    1. Appeal to the prurient interest in
    2. Depict sexual conduct in a patently
    offensive way; and
    3. Lack serious literary, artistic, political
    or scientific value

5 Multiple Choice Questions

  1. Apply 3-part test. Regulation must:
    1. Further a significant government interest
    2. Be narrowly tailored, and
    3. Leave open alternative channels of
  2. 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
  3. 1. Underline who is passing the law
    2. Determine the subject matter of
    the question
    3. Match the appropriate power of
  4. 1. General Welfare Clause
    2. Necessary and Proper Clause
    3. 14th A. Privileges and Immunities Clause
    4. Contracts Clause
    5. Distinction between Rights & Privileges
    6. 10th Amendment- caveat New York v.
  5. 1. Dormant Commerce Clause
    a. Non-discriminatory
    b. No undue burden on interstate
    commerce -use a balancing
    2. Police Power- health, safety,
    welfare, morals, aesthetics

5 True/False Questions

  1. MOOTNESSFor a case to be ripe, there must be
    a genuine, immediate threat of harm


  2. Ex Post Facto Clause
    Invalidates retroactive criminal
    laws that:
    1. Make criminal conduct that was not
    a crime when committed; or
    2. Decrease the amount of evidence
    needed to convict/change the
    procedure(s) for conviction.


  3. "Fundamental" Right to Vote
    Apply Strict Scrutiny: (4)
    1. Discrimination in voting
    2. Reapportionment
    3. Switching party affiliation
    4. Ballot restrictions based on "special
    interests" (land ownership)


  4. Supremacy Clause

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


  5. 4 Facial AttacksA threshold requirement of
    government conduct which must be
    satisfied before private discrimination
    can be restricted under the 1st, 4th,
    14th or 15th Amendments (e.g., public
    function; significant state involvement
    or "encouragement").


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