CONSTITUTIONAL LAW I FLASHCARDS

    Federal Powers

  1. What are two standards of review and the elements of each?

  2. How does the method of review affect burden of persuasion?

  3. When is the mere rationality test most commonly applied?

  4. When is strict scrutiny applied?

  5. What is the basic holding of Marbury v. Madison?

  6. What are the main powers given to Congress by the Constitution?

  7. What are the main powers of the President?

  8. What are three broad categories that Congress can regulate under the Commerce power?

  9. What difference does commercial activity make on Congress's power to regulate activities having a substantial affect on interstate commerce?

  10. What is a small, but put possibly significant limit on Congress' ability to use its commerce power to regulate the states?

  11. What is Congress allowed to do under the Necessary and Proper Clause?

  12. What is the most important separation of powers principle to remember?

  13. What are some key points to know about executive immunity and executive privilege?

  14. What is the three part test a state regulation must meet in order to avoid violating the Dormant Commerce Clause?

  15. List some examples of violations of the Dormant Commerce Clause.

  16. What is a key exception to the Dormant Commerce Clause?

  17. What must a challenger show to strike a state tax as violative of the Commerce Clause?

  18. What does the privileges and immunities of the 14th Amendment protect?

  19. What does the privileges and immunities of Article 4 protect?

  20. What is the test for determining if a state has impaired a right fundamental to national unity?

  21. What level of scrutiny is applied under the Privileges and Immunities Clause?

  22. What are some examples of issues that the Court has found to be non-justiciable?

  23. What is the Baker v. Carr test for determining whether an issue is justiciable?

  24. What are the three Constutional requirements for standing?

  25. What was the holding of Lopez?

  26. List three broad categories that Congress may regulate under its Commerce Power.

  27. What is the rule from New York v. United States?

  28. What is the rule from Printz?

  29. What is the spending power?

  30. What is the basic argument of the formalists?

  31. What is the basic argument of the functionalists?

  32. What principle should be remembered from the Boerne case?

  33. Who has the power to appoint inferior officers (Morrison)?

  34. What was the holding of INS v. Chada?

  35. What is the holding from Clinton v. N.Y.?

  36. What is the difference between the commerce clause and the dormant commerce clause?

  37. What is the holding from Philadelphia v. New Jersey?

  38. What was the holding of Piper v. New Hampshire?

  39. How can you distinguish between dormant commerce clause issues and Article 4 privileges and immunities issues?

    40. Substantive Due Process

  40. Under strict scrutiny, what must the state show in order for its action not to be a violation of substantive due process?

  41. What are two requirements for an economic statute to be in conformity with substantive due process?

  42. What rights are commonly found to be "fundamental?"

  43. What is the holding from Griswold?

  44. What is the holding from Casey?

  45. What constitutes an undue burden?

  46. What was the holding in Bowers v. Hardwick?

  47. How does a fundemental right apply to the right of eductation?

  48. How do fundamental rights affect family relations?

  49. What was the holding in Webster?

  50. What was the holding in Cruzan?

  51. What was the holding in Washington v. Glucksberg?

  52. What is the trimester scheme from Roe v. Wade?

  53. QUESTION

  54. QUESTION

  55. QUESTION

  56. QUESTION

  57. QUESTION

  58. QUESTION

  59. QUESTION

  60. QUESTION

  61. QUESTION

  62. QUESTION

  63. QUESTION

  64. QUESTION

  65. QUESTION

  66. QUESTION

  67. QUESTION

  68. QUESTION

  69. QUESTION

  70. QUESTION

  71. QUESTION

  72. QUESTION

  73. QUESTION

  74. QUESTION

  75. QUESTION

  76. QUESTION

  77. QUESTION

  78. QUESTION

  79. QUESTION

  80. QUESTION

  81. QUESTION

  82. QUESTION

  83. QUESTION

  84. QUESTION

  85. QUESTION

  86. QUESTION

  87. QUESTION

  88. QUESTION

  89. QUESTION

  90. QUESTION

  91. QUESTION

  92. QUESTION

  93. QUESTION

  94. QUESTION

  95. QUESTION

  96. QUESTION

  97. QUESTION

  98. QUESTION

  99. QUESTION

  100. QUESTION

    101. NEW SET NAME


Copyright © Thompson Resources, 1999, all rights reserved.