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5 Written questions

5 Matching questions

  1. To Uphold a Federal Statute (3)
  2. Ex Post Facto Clause
    Invalidates retroactive criminal
    laws that:
  3. Bill of Attainder
  4. 4 Facial Attacks
  5. Appointment Clause
    Article 2, Section 2
  1. a 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. b 1. Overbreath
    2. Vagueness
    3. Prior Restraints
    4. Unfettered Discretion
  3. c 1. Supremacy clause
    2. Any enumerated power of
    Congress (Art. 1, Sec. 8)
    3. Federal property power
  4. d Legislative punishment of a
    named group or individual without
    judicial trial.
  5. e 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.

5 Multiple choice questions

  1. Ripeness
    Advisory Opinions
    Mootness
    Political Questions
    Standing
  2. 1) discriminatory effect, and
    2) discriminatory purpose

    To raise the burden of persuasion above
    rational basis.
  3. 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
  4. Plaintiff must show a concrete
    personal stake in the outcome.

    1. Injury-in fact (i.e., economic, aesthetic,
    environmental)
    2. Causation/redressibility
  5. A federal law
    will supersede any state law in direct
    conflict.

5 True/False questions

  1. Statutory Regulation of Appellate
    Jurisdiction
    1) discriminatory effect, and
    2) discriminatory purpose

    To raise the burden of persuasion above
    rational basis.

          

  2. Affectation DoctrineCongress may regulate any
    activity which has a "substantial
    economic effect" on interstate
    commerce.

          

  3. Substantive Due ProcessA term used to classify the source
    from which the fundamental rights
    (right to vote, right to travel, right
    to privacy) derive.

          

  4. To Uphold a State Statute (2)1. Supremacy clause
    2. Any enumerated power of
    Congress (Art. 1, Sec. 8)
    3. Federal property power

          

  5. Vice Advertising
    (Central Hudson)

    Government regulation must:
    1. Directly advance
    2. a substantial governmental interest,
    and
    3. be "narrowly tailored"