Question
Constitutional Law | Judicial Review and Justiciability | ESSAY
Hard
..., including voluntary cessation and capable-of-repetition-yet-evading-review. This essay tests ripeness, pre-enforcement review, mootness, voluntary cessation, and capable-of-repetition-yet-evading-review. U.S. Const. ar...
Citations: U.S. Const. art. III, sec. 2, Abbott Laboratories v. Gardner, Susan B. Anthony List v. Driehaus, Friends of the Earth, Inc. v. Laidlaw Environmental Services, Inc., Southern Pacific Terminal Co. v. ICC, Roe v. Wade
Question
Constitutional Law | Judicial Review and Justiciability | MULTIPLE_CHOICE
Hard
...t. art. III, sec. 2, Abbott Laboratories v. Gardner, Susan B. Anthony List v. Driehaus
Citations: U.S. Const. art. III, sec. 2, Abbott Laboratories v. Gardner, Susan B. Anthony List v. Driehaus
Question
Constitutional Law | Judicial Review and Justiciability | MULTIPLE_CHOICE
Hard
...to perform the legal duty. Which statement most accurately describes judicial review? The best answer captures Marbury's judicial-review principle while preserving Article III jurisdictional limits. U.S. Const. art. III...
Citations: U.S. Const. art. III, sec. 2, Marbury v. Madison
Question
Constitutional Law | Judicial Review and Justiciability | MULTIPLE_CHOICE
Hard
...judgment. The newspaper petitions the United States Supreme Court for review. Which statement best describes the Supreme Court's power to review the judgment? The best answer applies the adequate-and-independent-state-gr...
Citations: U.S. Const. art. III, sec. 2, Michigan v. Long
Question
Constitutional Law | Judicial Review and Justiciability | MULTIPLE_CHOICE
Hard
...a federal district court to declare whether a proposed bill would be constitutional before Congress votes on it. In a separate action, a medical-device manufacturer sued for a declaratory judgment after a federal agency...
Citations: U.S. Const. art. III, sec. 2, Muskrat v. United States, Aetna Life Insurance Co. v. Haworth
Question
Constitutional Law | Judicial Review and Justiciability | ESSAY
Hard
...se the government's position is correct." Analyze the Article III and judicial review issues raised by these four matters. This essay tests advisory opinions, declaratory judgments, Supreme Court state-court review, adeq...
Citations: U.S. Const. art. III, Marbury v. Madison, Muskrat v. United States, Michigan v. Long, Ex parte McCardle, United States v. Klein
Question
Constitutional Law | Judicial Review and Justiciability | ESSAY
Hard
Four lawsuits reach federal court. In the first, voters allege that their state government is not "republican" because the legislature allows statewide initiatives to override statutes. In the second, a federal judge rem...
Citations: U.S. Const. art. III, sec. 2, Baker v. Carr, Luther v. Borden, Nixon v. United States, Rucho v. Common Cause, Japan Whaling Association v. American Cetacean Society
Question
Constitutional Law | Judicial Review and Justiciability | ESSAY
Hard
...lives 1,500 miles away alleges that all citizens have an interest in lawful agency procedure. Third, Forest Watch, a nonprofit with 2,000 members, alleges that several named members use the affected trail and asks for a...
Citations: U.S. Const. art. III, sec. 2, Lujan v. Defenders of Wildlife, Friends of the Earth, Inc. v. Laidlaw Environmental Services, Inc., Hunt v. Washington State Apple Advertising Commission, Summers v. Earth Island Institute
Question
Constitutional Law | Judicial Review and Justiciability | MULTIPLE_CHOICE
Hard
...days during the last convention; that order expired before appellate review could occur. Which statement best describes mootness? The best answer accounts for both voluntary cessation and the short-duration exception to...
Citations: U.S. Const. art. III, sec. 2, Friends of the Earth, Inc. v. Laidlaw Environmental Services, Inc., Southern Pacific Terminal Co. v. ICC, Roe v. Wade
Question
Constitutional Law | Judicial Review and Justiciability | MULTIPLE_CHOICE
Hard
...ned. The complaint also alleges that all citizens have an interest in lawful federal administration. The association seeks an injunction vacating the permit and requiring the agency to reconsider it. Which statement best...
Citations: U.S. Const. art. III, sec. 2, Lujan v. Defenders of Wildlife, Friends of the Earth, Inc. v. Laidlaw Environmental Services, Inc., Summers v. Earth Island Institute
Question
Constitutional Law | Judicial Review and Justiciability | MULTIPLE_CHOICE
Hard
...State Apple Advertising Commission, Friends of the Earth, Inc. v. Laidlaw Environmental Services, Inc.
Citations: U.S. Const. art. III, sec. 2, Hunt v. Washington State Apple Advertising Commission, Friends of the Earth, Inc. v. Laidlaw Environmental Services, Inc.
Question
Constitutional Law | Judicial Review and Justiciability | ESSAY
Medium
...dollars supported the purchase. A bookstore sued to challenge a state law prohibiting customers under age 21 from buying certain political books, arguing that its customers' speech rights are violated. Finally, a fair-ho...
Citations: U.S. Const. art. III, sec. 2, Frothingham v. Mellon, Flast v. Cohen, Hein v. Freedom From Religion Foundation, Inc., Craig v. Boren, Havens Realty Corp. v. Coleman
Question
Constitutional Law | Judicial Review and Justiciability | MULTIPLE_CHOICE
Hard
Congress enacted a statute appropriating money for grants to private elementary schools, including religious schools, to purchase science equipment. A federal taxpayer sued, alleging that the statute violates the Esta...
Citations: U.S. Const. art. III, sec. 2, Frothingham v. Mellon, Flast v. Cohen, Hein v. Freedom From Religion Foundation, Inc.
Question
Constitutional Law | Judicial Review and Justiciability | MULTIPLE_CHOICE
Hard
...ations. In the fourth, voters allege that the same districts are an unconstitutional partisan gerrymander under the federal Constitution. Which statement most accurately applies the political-question doctrine? The best...
Citations: U.S. Const. art. III, sec. 2, Baker v. Carr, Luther v. Borden, Nixon v. United States, Rucho v. Common Cause
Question
Constitutional Law | Judicial Review and Justiciability | MULTIPLE_CHOICE
Hard
While several appeals were pending in the Supreme Court from lower federal-court judgments against the United States, Congress enacted a statute providing: "The Supreme Court shall have no appellate jurisdiction over...
Citations: U.S. Const. art. III, sec. 2, Ex parte McCardle, United States v. Klein, Marbury v. Madison
Question
Constitutional Law | Due Process and Equal Protection | MULTIPLE_CHOICE
Medium
...nds for termination. The agency cuts off a recipient's benefits after reviewing medical records but without giving advance notice or a chance to respond. The recipient sues for violation of procedural due process. Which...
Citations: U.S. Const. amend. XIV, Board of Regents v. Roth, Mathews v. Eldridge, Goldberg v. Kelly
Question
Constitutional Law | Tenth Amendment and Anti-Commandeering | MULTIPLE_CHOICE
Medium
...rm transfers until a federal database is complete. The checks require reviewing local records, calling references, and reporting disqualifying information to a federal agency. A police chief refuses to perform the checks...
Citations: U.S. Const. amend. X, Printz v. United States
Question
Constitutional Law | Tenth Amendment and Anti-Commandeering | ESSAY
Medium
...lation of states and commandeering state officials to enforce federal law. U.S. Const. amend. X, Reno v. Condon, Printz v. United States
Citations: U.S. Const. amend. X, Reno v. Condon, Printz v. United States
Question
Constitutional Law | Fourth Amendment | MULTIPLE_CHOICE
Medium
...investigating a theft use several methods to gather information: they listen from a public sidewalk, attach a tracker to a suspect's car while it is parked in the driveway, and obtain detailed long-term location records...
Citations: U.S. Const. amend. IV, Katz v. United States, United States v. Jones
Question
Constitutional Law | First Amendment | MULTIPLE_CHOICE
Medium
A city auditor's job includes reviewing contracts for waste and writing internal reports. After finding serious overbilling, the auditor writes a required report to her supervisor. The city later disciplines her for the...
Citations: U.S. Const. amend. I, Garcetti v. Ceballos, Pickering v. Board of Education
Question
Constitutional Law | Executive Powers | MULTIPLE_CHOICE
Medium
The President issues a pardon to an aide for all completed federal campaign-finance offenses committed during the prior year. State prosecutors later charge the aide under state bribery law based on the same facts, and C...
Citations: U.S. Const. art. II, sec. 2, Ex parte Garland
Question
Constitutional Law | First Amendment | ESSAY
Hard
City A owns a downtown plaza connected to public sidewalks and regularly opens it for rallies, concerts, and festivals. After several noisy protests, the city adopted a speech ordinance. The ordinance prohibits "polit...
Citations: U.S. Const. amend. I, Perry Education Association v. Perry Local Educators' Association, Ward v. Rock Against Racism, Reed v. Town of Gilbert, Forsyth County v. Nationalist Movement
Question
Constitutional Law | Commerce Clause and Taxing Power | ESSAY
Hard
State C enacted a tax on online retailers. The tax applies to retailers with more than $500,000 in annual sales to State C customers, whether or not the retailer has offices, employees, or inventory in State C. The ta...
Citations: Complete Auto Transit, Inc. v. Brady, South Dakota v. Wayfair, Inc., Comptroller of the Treasury v. Wynne, U.S. Const. art. I, sec. 8, cl. 3
Question
Constitutional Law | Commerce Clause and Taxing Power | MULTIPLE_CHOICE
Hard
...in State D. Which statement is most accurate? The best answer applies Complete Auto and Wayfair: physical presence is not required when a remote seller deliberately makes substantial sales into the state. U.S. Const. art...
Citations: U.S. Const. art. I, sec. 8, cl. 3, Complete Auto Transit, Inc. v. Brady, South Dakota v. Wayfair, Inc.