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5 Written questions

5 Matching questions

  1. ABSTENTION
  2. Case and Controversy
    Requirement
  3. To Uphold a State Statute (2)
  4. State Action
  5. Exceptions
  1. a Federal Court adjudication
    requires an actual and definite
    dispute between parties having
    adverse legal interests.
  2. b 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. c 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
  4. d 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. e A 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").

5 Multiple choice questions

  1. Congress has the power to
    dispose of the territory or other
    property belonging to the United
    States.
  2. 1. The primary purpose must be secular
    2. Primary effect must neither inhibit nor
    advance religion
    3. No excessive government entanglement
    with religion
  3. 1. Overbreath
    2. Vagueness
    3. Prior Restraints
    4. Unfettered Discretion
  4. Prevents economic discrimination
    by one state against citizens or
    residents of another state,
    UNLESS a substantial
    government interest exists.
  5. A term used to classify the source
    from which the fundamental rights
    (right to vote, right to travel, right
    to privacy) derive.

5 True/False questions

  1. 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

          

  2. Election Funding"Total Spending" limits by a
    candidate- Unconstitutional
    Individual campaign contribution
    limits- Constitutional if "reasonable"

          

  3. 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.

          

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

          

  5. "Content Neutral" Regulation of
    Time, Place, Manner (Method)
    1. Discrimination in voting
    2. Reapportionment
    3. Switching party affiliation
    4. Ballot restrictions based on "special
    interests" (land ownership)