Constitutional Law |50 Multiple Choice Questions With Answers|15 Pages
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Constitutional Law
Institution
Constitutional Law
Which of the following are the two major factors the Court uses in determining if a certain issue is a non-justiciable political question? - ️️(1) The textual constitutional commitment of the issue to a political branch
(2) The lack of judicially discoverable and manageable standards.
Which o...
Which of the following are the two major factors the Court uses in
determining if a certain issue is a non-justiciable political question? -
✔ ✔ (1) The textual constitutional commitment of the issue to a
political branch
(2) The lack of judicially discoverable and manageable standards.
Which of the following best describes how the concept of a state's
"quasi-sovereign interests" modifies the standing analysis in the view of
the Court in Massachusetts v. EPA? - ✔ ✔ A state can satisfy the
injury-in-fact requirements by showing evidence of harms - such as
harms to the state's quasi-sovereign interest in protecting its air or
water quality - even though such harms would likely not be
particularized enough to let an individual citizen satisfy the injury-in-
fact requirement on the grounds that citizen is hurt by polluted air.
Which of the following best describes how the presence of a foreign
affairs issue will affect the Court's application of the political question
doctrine? - ✔ ✔ If the issue concerns foreign affairs, the Court will
be more likely to view it as a non-justiciable political question because
such issues are frequently reserved by the Constitution for the
Executive or the Legislature, often require policy-based judgment calls
not easily subject to judicial principles, and often require decisive and
unified action.
Which of the following best explains how the court applies the
requirement that there be no "independent constitutional bar" to a
funding condition which the federal government attaches to the funds
it offers to a state? - ✔ ✔ The funding condition may not induce the
, states to take actions that would violate the US Constitution, such as
violating individuals' First Amendment rights.
Which of the following best explains why commandeering would
undermine political accountability according to Justice O'Connor and
Justice Scalia (in their NY v. US and Printz v. US decisions)? - ✔ ✔
Because although the federal government is the one imposing the
policy, citizens would see state governments enacting it legislatively or
state officials carrying it out, and thus may blame the state for what the
federal government has required.
1. Congress passes a law that is not clearly within the power expressly
granted to it by the Constitution: it passes a law requiring individuals
to purchase health insurance and it grants that passing such a law is
not among the powers expressly given to it by Article I, Section 8.
However, it argues, doing so it constitutional because such a health
insurance mandate is a necessary and proper measure for Congress to
effectively regulate interstate commerce (and more specifically, the
national market in health insurance).
Which of the following summarizes the "aggregation principle" in
Commerce Clause jurisprudence? - ✔ ✔ Even if a single instance of
a particular kind of economic activity would not have a substantial
effect in interstate commerce if the aggregation of different instances
of that activity would have substantial effect on interstate commerce,
Congress has owe to regulate it.
Why, according to Justice Scalia's argument in his Raich concurring
opinion, does the federal government have power under the Commerce
Clause and necessary and proper clause to criminalize even simple
possession of marijuana? - ✔ ✔ Because Congress undoubtedly has
the power to regulate interstate trafficking of marijuana and regulating
of simple possession (even though it is non-economic activity) is a
necessary part of that larger federal regulatory scheme.
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