Question
Constitutional Law | Judicial Review and Justiciability | MULTIPLE_CHOICE
Hard
...ged a state campaign-finance disclosure law in state court. The state supreme court rejected the newspaper's First Amendment argument. The court also held, in a separate section, that the newspaper would lose under a sta...
Citations: U.S. Const. art. III, sec. 2, Michigan v. Long
Question
Constitutional Law | Judicial Review and Justiciability | ESSAY
Hard
Congress asked the Supreme Court to issue a formal opinion advising whether a proposed bill would be constitutional before Congress votes on it. Separately, a company filed a declaratory judgment action after a federal a...
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 | 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 thi...
Citations: U.S. Const. art. III, sec. 2, Ex parte McCardle, United States v. Klein, Marbury v. Madison
Question
Constitutional Law | Judicial Review and Justiciability | ESSAY
Hard
...used to promise that it would not enforce the law. After the district court denied the state's motion to dismiss, the legislature repealed the law and replaced it with a substantially similar rule that takes effect after...
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
...e statute took effect, a newly appointed commissioner sued in federal court, alleging that the statute violated the Constitution and that a federal officer had refused to deliver a signed commission even though all legal...
Citations: U.S. Const. art. III, sec. 2, Marbury v. Madison
Question
Constitutional Law | Judicial Review and Justiciability | MULTIPLE_CHOICE
Hard
A senator sent a letter asking 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 j...
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
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 | Tenth Amendment and Anti-Commandeering | ESSAY
Medium
...e attorney general to investigate private data brokers and file state-court actions to collect the federal penalties. State C's motor-vehicle agency sells license data to insurers and marketers. State C sues, arguing tha...
Citations: U.S. Const. amend. X, Reno v. Condon, Printz v. United States
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 | ESSAY
Hard
...nd-comment step required by statute. Three plaintiffs sued in federal court. First, a hiker who visits the affected trail every summer alleges that the line will cross the overlook where she hikes and will cause her to c...
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
...nventions. A protest group sued for an injunction. After the district court ruled against the city, the city repealed the ordinance but announced that it might adopt a similar rule before the next convention. The group a...
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
...lands next to a city park. A neighborhood association sued in federal court, alleging that the agency misread the governing statute. The complaint alleges that several members walk through the park every week and will st...
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 | Commerce Clause and Taxing Power | ESSAY
Hard
...ips goods to them, collects customer data from them, and uses State C courts to collect unpaid accounts. The retailer argues that a state may not tax a business without physical presence and that the headquarters credit...
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
...asured only by sales delivered to State D customers, and funds roads, courts, consumer-fraud enforcement, and other state services. A retailer with no office, employees, or inventory in State D makes $3 million in annual...
Citations: U.S. Const. art. I, sec. 8, cl. 3, Complete Auto Transit, Inc. v. Brady, South Dakota v. Wayfair, Inc.
Question
Constitutional Law | Fourth Amendment | MULTIPLE_CHOICE
Hard
...spicious purchases and a tip from a named neighbor, but the reviewing court concludes the information fell short. The defendant seeks suppression. Which statement best describes the good-faith issue? The best answer stat...
Citations: U.S. Const. amend. IV, United States v. Leon, Herring v. United States, Franks v. Delaware
Question
Constitutional Law | Executive Powers | ESSAY
Hard
...ay issue binding rules and bring civil enforcement actions in federal court. The statute also creates administrative law judges who conduct adversarial hearings, issue initial decisions, and impose penalties unless the D...
Citations: U.S. Const. art. II, sec. 2, Buckley v. Valeo, Morrison v. Olson, Edmond v. United States, Lucia v. SEC, Free Enterprise Fund v. Public Company Accounting Oversight Board, Seila Law LLC v. Consumer Financial Protection Bureau
Question
Criminal Law and Procedure | Constitutional Procedure | ESSAY
Medium
...ng. The opponent argues that custom ends the analysis. How should the court, tribunal, or decision maker resolve the dispute? Discuss the strongest arguments for each side, state the controlling rule for criminal law and...
Citations: Common law criminal doctrine, Model Penal Code principles, Fourth, Fifth, Sixth, and Fourteenth Amendment criminal procedure doctrine
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