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5 Written questions

5 Matching questions

  1. Hierarchy of Laws
  2. Property Power
    Rule:
  3. Statute Neutral on its Face
    Plaintiff must show:
  4. Procedural Due Process
  5. Standing
    Rule:
    Con Standards:
  1. a Congress has the power to
    dispose of the territory or other
    property belonging to the United
    States.
  2. b 1) discriminatory effect, and
    2) discriminatory purpose

    To raise the burden of persuasion above
    rational basis.
  3. c The procedural safeguards of
    notice and a hearing are available
    whenever there is a serious
    deprivation of any life, liberty, or
    property interest.
  4. d 1. Constitution
    2. Act of Congress
    Treaty
    3. Executive Agreement- foreign
    policy/affairs
    Executive Order - domestic policy
    4. State Law
  5. e Plaintiff must show a concrete
    personal stake in the outcome.

    1. Injury-in fact (i.e., economic, aesthetic,
    environmental)
    2. Causation/redressibility

5 Multiple choice questions

  1. 1. Directly advance
    2. a substantial governmental interest,
    and
    3. be "narrowly tailored"
  2. 1. By Certiorari (discretionary; the
    "Rule of 4")
    2. By Appeal (very limited)
  3.  Apply Rational Basis
     The right to be a candidate
    1. Payment of a filing fee
    2. Both minimum and maximum age
    restrictions
  4. 1. The primary purpose must be secular
    2. Primary effect must neither inhibit nor
    advance religion
    3. No excessive government entanglement
    with religion
  5. 1. Overbreath
    2. Vagueness
    3. Prior Restraints
    4. Unfettered Discretion

5 True/False questions

  1. "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)

          

  2. Appointment Clause
    Article 2, Section 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. Bill of AttainderA 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").

          

  4. To Uphold a State Statute (2)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

          

  5. State ActionFederal court will refuse to review a case based
    on an unsettled issue of state law (Pullman)
     Federal court review prohibited where there are
    pending state criminal proceedings (Younger)

          

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