NAME: ________________________

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of 38 available terms

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5 Written Questions

5 Matching Questions

  1. Generally Wrong Answers
  2. 4 Facial Attacks
  3. Case and Controversy
    Requirement
  4. To Uphold a State Statute (2)
  5. RIPENESS
  1. a 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.
    U.S.
  2. b 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
  3. c 1. Overbreath
    2. Vagueness
    3. Prior Restraints
    4. Unfettered Discretion
  4. d Federal Court adjudication
    requires an actual and definite
    dispute between parties having
    adverse legal interests.
  5. e For a case to be ripe, there must be
    a genuine, immediate threat of harm

5 Multiple Choice Questions

  1. Ripeness
    Advisory Opinions
    Mootness
    Political Questions
    Standing
  2. Federal 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)
  3. A federal law
    will supersede any state law in direct
    conflict.
  4. 1. Discrimination in voting
    2. Reapportionment
    3. Switching party affiliation
    4. Ballot restrictions based on "special
    interests" (land ownership)
  5. Apply 3-part test. Regulation must:
    1. Further a significant government interest
    2. Be narrowly tailored, and
    3. Leave open alternative channels of
    communication

5 True/False Questions

  1. State ActionA 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").

          

  2. Obscenity Test (Miller v. Calif)To be obscene the material must:
    1. Appeal to the prurient interest in
    sex;
    2. Depict sexual conduct in a patently
    offensive way; and
    3. Lack serious literary, artistic, political
    or scientific value

          

  3. Hierarchy of Laws1. 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

          

  4. Voting Issue Not Deemed
    "Fundamental"
    Federal Court adjudication
    requires an actual and definite
    dispute between parties having
    adverse legal interests.

          

  5. Ex Post Facto Clause
    Invalidates retroactive criminal
    laws that:
    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

          

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