Constitutional Law I - Overview and Methods
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Questions and Answers

What did the Brady Act require state Attorneys General to establish?

  • A state background check system
  • A federal firearm database
  • A state weapon registration system
  • A national instant background check system (correct)

    • What constitutional principle limits Congress's power over state officers according to the content?

  • Dual sovereignty (correct)
  • Separation of powers
  • Federal supremacy
  • Equal protection

    • What were state law enforcement officers at risk of facing if they did not comply with the Brady Act?

  • Increased federal oversight
  • Fines or imprisonment (correct)
  • Loss of funding
  • Civil lawsuits

    • Which amendment limits the judicial power of the United States regarding suits against states?

    <p>11th Amendment</p> Signup and view all the answers

    What argument do petitioners present against the Brady Act's requirements?

    <p>It compels state officers to execute federal laws unconstitutionally.</p> Signup and view all the answers

    According to the information provided, Congress lacks the power to subject states to what without express consent?

    <p>Private suits for damages</p> Signup and view all the answers

    What implication does the historical context suggest regarding state obligations to enforce federal laws?

    <p>Historical laws imply no obligation on states exists.</p> Signup and view all the answers

    What is one consequence mentioned regarding Congress's action to solve problems at the state level?

    <p>States are burdened with the costs of enforcement.</p> Signup and view all the answers

    What is the consequence for an employer who departs from the prescribed course of conduct regarding child labor?

    <p>They must pay 1/10 of their entire net income for a full year.</p> Signup and view all the answers

    According to the court's ruling in the Child Labor Tax Case, what element is included in the enforcement of the tax?

    <p>A mens rea requirement typical in punitive statutes.</p> Signup and view all the answers

    In the case of United States v. Kahriger, what was the primary argument of the plaintiff regarding the occupational tax?

    <p>It was penalizing legal intrastate gambling activities.</p> Signup and view all the answers

    What key characteristic distinguishes a valid tax from a penalty according to the principles discussed?

    <p>It must have a primary purpose of raising revenue.</p> Signup and view all the answers

    What was the ruling regarding the Affordable Care Act's insurance mandate as stated in National Federation of Independent Business v. Sebelius?

    <p>It produced revenue and was categorized as a tax.</p> Signup and view all the answers

    Which of the following is NOT a characteristic of a tax based on the standards provided?

    <p>Includes a mens rea requirement.</p> Signup and view all the answers

    What has the court's stance been regarding Congress' spending power?

    <p>The court has been generous in viewing Congress' spending power.</p> Signup and view all the answers

    Which clause supports the spending power of Congress as stated in Article I, Section 8?

    <p>Necessary and Proper Clause.</p> Signup and view all the answers

    What was the outcome of Silkwood's father's lawsuit regarding the punitive damages?

    <p>The court of appeals reversed the punitive damages due to federal law.</p> Signup and view all the answers

    Under what act was the plutonium contamination at the federal facility regulated?

    <p>Atomic Energy Act</p> Signup and view all the answers

    What does the court state about the relationship between federal laws and state tort law remedies?

    <p>The federal government occupies the field of nuclear safety but does not displace state law remedies.</p> Signup and view all the answers

    Why did the court find there to be no field preemption in this case?

    <p>Congress did not create remedies for victims of nuclear accidents.</p> Signup and view all the answers

    What does the dormant commerce clause suggest about state powers?

    <p>States cannot act on the powers granted to Congress regarding interstate commerce.</p> Signup and view all the answers

    What is one of the powers Congress has regarding interstate commerce?

    <p>Regulate intrastate economic activities affecting interstate commerce.</p> Signup and view all the answers

    What did early cases indicate about congressional powers?

    <p>They suggest that states cannot interfere with powers granted to Congress.</p> Signup and view all the answers

    What is one effect of punitive damages related to federal fines in this context?

    <p>They can coexist with federal fines for the same incident.</p> Signup and view all the answers

    What does the Privileges and Immunities Clause primarily aim to limit?

    <p>The ability of states to discriminate against citizens of other states</p> Signup and view all the answers

    Which requirement must be met for a state to legally discriminate against non-residents under the Privileges and Immunities Clause?

    <p>There must be a substantial reason for the discrimination.</p> Signup and view all the answers

    According to the content, which of the following is considered a fundamental right under the Privileges and Immunities Clause?

    <p>Travel</p> Signup and view all the answers

    In Baldwin v. Fish and Game Commission of Montana, what was the court's conclusion regarding non-resident hunting licenses?

    <p>The discrimination in hunting licenses was justified because it was not necessary for the wellbeing of the union.</p> Signup and view all the answers

    What does the term 'citizen' refer to in the context of the Privileges and Immunities Clause?

    <p>U.S. citizens only</p> Signup and view all the answers

    Which of the following is NOT considered a right fundamental to the promotion of interstate harmony?

    <p>Hunting</p> Signup and view all the answers

    What element must be satisfied to determine if there is a protected privilege under the Privileges and Immunities Clause?

    <p>There must be a substantial reason for the discrimination.</p> Signup and view all the answers

    What does the Privileges and Immunities Clause NOT limit?

    <p>The rights of corporations in different states</p> Signup and view all the answers

    What was the main argument made by Goldwater and other senators regarding President Carter's actions?

    <p>He lacked the authority to unilaterally terminate the treaty.</p> Signup and view all the answers

    What does executive privilege primarily protect?

    <p>Confidential communications with close advisors.</p> Signup and view all the answers

    What type of immunity does the President have for actions taken in their official capacity?

    <p>Absolute immunity</p> Signup and view all the answers

    In which case did the court rule against a claim of absolute executive privilege regarding the President's communications?

    <p>United States v. Nixon</p> Signup and view all the answers

    What did the court conclude about the need for evidence in a pending criminal trial compared to executive privilege?

    <p>The presumption of privilege must yield to the need for evidence.</p> Signup and view all the answers

    What was one of the main concerns in the Nixon v. Fitzgerald case regarding the President's immunity?

    <p>Avoiding undue caution in official duties</p> Signup and view all the answers

    In Clinton v. Jones, what type of acts were deemed to not warrant presidential immunity?

    <p>Unofficial acts prior to his presidency</p> Signup and view all the answers

    Which subjects do have an absolute right to confidentiality under executive privilege?

    <p>Communications related to military and national security.</p> Signup and view all the answers

    Which case established that the President has absolute immunity from civil liability while performing official duties?

    <p>Nixon v. Fitzgerald</p> Signup and view all the answers

    What does 'in camera review' refer to in the context of executive privilege?

    <p>Private review of confidential communications.</p> Signup and view all the answers

    What is a key distinction made in Nolan v. Fitzgerald regarding the types of immunity for state officials compared to the President?

    <p>State officials have qualified immunity</p> Signup and view all the answers

    What did Nixon argue in relation to executive privilege regarding the Watergate investigation?

    <p>He was entitled to absolute executive privilege.</p> Signup and view all the answers

    What principle guided the court's decision in balancing executive privilege with judicial need?

    <p>Preserving the essential functions of each government branch.</p> Signup and view all the answers

    What does the Constitution explicitly not discuss regarding presidential immunity?

    <p>Immunity for unofficial acts</p> Signup and view all the answers

    How does the court view the need for presidential immunity in terms of official duties?

    <p>It helps ensure effective execution of duties</p> Signup and view all the answers

    What is asserted about former Presidents regarding criminal prosecutions?

    <p>They have absolute immunity for official acts</p> Signup and view all the answers

    Study Notes

    Constitutional Law I - History and Overview

    • The Constitution was adopted by the people, not the states.
    • Article I: Legislative branch powers
    • Article II: Executive branch powers
    • Article III: Judicial branch powers
    • Articles of Confederation created a weak federal government. It couldn't tax or enforce laws effectively.

    Methods of Interpreting the Constitution

    • Constitutional interpretation is complex, more than just statutory interpretation.
    • The Constitution is a higher law, hard to amend, and is 200 years old.
    • "Dead hand" problem: those who wrote it can't anticipate future issues.
    • Originalism: seeks to understand the original meaning of the Constitution, limiting judges' discretion.
      • It is the only approach to recognize the Constitution as law
      • Constrains the ability of judges to input opinions
      • Preserves democratic values
      • Established by precedent
    • Non-Originalism: considers contemporary context and precedent -Looks to judicial precedent and state practices
      • Avoids the "dead hand" problem

    Judicial Power

    • Article III: Establishes the Supreme Court and inferior courts.
      • Section 1: Judicial power vested in one Supreme Court and inferior courts as Congress may establish
      • Section 2: Cases and controversies; subject matter jurisdiction of federal courts
    • Judicial review: actions of executive branch officials are reviewable if they are politically examinable.

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    Constitutional Law I Outline PDF

    Description

    Explore the foundational elements of Constitutional Law I, including the historical context of the Constitution, the powers of government branches, and methods of interpreting the Constitution. This quiz covers essential principles such as originalism and non-originalism, offering insights into judicial reasoning and constitutional interpretation.

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