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5 Written questions

5 Matching questions

  1. "Content Specific" Regulation
  2. Procedural Due Process
  3. To Uphold a State Statute (2)
  5. Con Law Approach (3)
  1. a 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)
  2. b 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
  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. Underline who is passing the law
    2. Determine the subject matter of
    the question
    3. Match the appropriate power of
  5. e "Protected" Speech "Unprotected' Speech
    1. Clear and Present
    2. Defamation
    3. Obscenity
    4. Child Pornography
    5. "Fighting words"
    6. Fraudulent commercial
    Apply Strict Scrutiny

5 Multiple choice questions

  1. Federal Court adjudication
    requires an actual and definite
    dispute between parties having
    adverse legal interests.
  2. Purposeful interference Apply strict scrutiny test
    Incidental burden Apply rational basis test
  3. 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.
  4. Apply 3-part test. Regulation must:
    1. Further a significant government interest
    2. Be narrowly tailored, and
    3. Leave open alternative channels of
  5. 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 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. Statutory Regulation of Appellate
    1) discriminatory effect, and
    2) discriminatory purpose

    To raise the burden of persuasion above
    rational basis.


  3. 11th AmendmentFor a case to be ripe, there must be
    a genuine, immediate threat of harm


  4. Fundamental Right of Privacy

    C Contraception
    A Abortion
    M Marriage
    P Procreation
    E Private Education
    R Family Relations


  5. 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.