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Law 404 Final ExamLaw 404 Final Exam Questions & Answers 2023/2024
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IRAC is a method of analysis whereby: - Correct answer A legal problem can be identified and resolved. What are the three big questions of institutional choice in American constitutional law? - Correct answer Federalism, separation of powers, and individual rights What is NOT a standard type of legal argument used in hard constitutional cases? - Correct answer Arguments based on political partisanship The central question in EVERY constitutional case is ... - Correct answer which institution should be understood to possess decision-making authority over the subject at hand. By broad consensus, the greatest weakness of the federal government is ... - Correct answer its remoteness from the people and consequent susceptibility to tyranny of the minority. (DOUBLE CHECK) Which of the following statements best explains the differences in the Steel Cases between the writings of Justices Black and Jackson? Black would have reversed the lower court decision, but Jackson agreed with it. Jackson was less concerned about whether Congress impliedly or expressly authorized the President's actions Black focused on answering the legal question whereas Jackson provided a conceptual framework to analyze such issues. - Correct answer c.) Black focused on answering the legal question whereas Jackson provided a conceptual framework to analyze such issues.
Justices Scalia, Thomas, and Stevens all agreed on the following in Whitman v. Amer. Trucking Asssn.: Whitman directed the EPA to write very strict ambient air quality standards. The EPA did not violate the anti-delegation doctrine. The American Trucking Association persuasively argued that there is no support for EPA authority in constitutional text or precedent. The "intelligible principle", which was created in 1928, should be re-considered because so much as changed in the last 100 years. - Correct answer b.) The EPA did not violate the anti-delegation doctrine. What is a good institutional argument supporting presidential removal power?
Show that the classification in the law bears some relation to a legitimate governmental objective. Ensure that persons of color are not subjected to unnecessary discrimination. None of the above - Correct answer b.) Show that the classification in the law bears some relation to a legitimate governmental objective. In US v Carolene Products, SCOTUS included a footnote that foreshadowed the following: Ned Stark would return as a white walker. The rational basis test might be insufficient for some kinds of discrimination. Substituting vegetable products in milk could require FDA review. WWII internment camps did not violate the constitution. - Correct answer b.) The rational basis test might be insufficient for some kinds of discrimination. Legal restrictions on the rights of racial groups are... - Correct answer Are inherently suspect US citizens may be interned in camps: - Correct answer When national security demands are deemed urgent Brown v Board of Education had the following effects: (Pick two:) It ended the practice of 'separate but equal' in any context. It prohibited school segregation based on race regardless of whether schools had equal funding. It re-introduced 'original meaning' interpretation in the context of the 14th Amendment. It recognized the psychological impact of racial segregation - Correct answer b.) It prohibited school segregation based on race regardless of whether schools had equal funding.
and It recognized the psychological impact of racial segregation A plaintiff seeking to prevail on an Equal Protection claim should argue the following test applies: Great deference test Rational basis test Strict scrutiny test Intermediate scrutiny test - Correct answer c.) Strict scrutiny test Under intermediate and strict scrutiny, the constitutional test involves which two components? High/significant governmental interest Congressional intent Discriminatory effect Means-end showing - Correct answer a.) High/significant governmental interest Scalia's dissent was based on which of the following legal arguments? VMI's Code of a Gentlemen is important and should not be easily discarded. Unelected federal judges should not be the final decision-makers of social mores. VMI's single-gender policy was a courageous decision by a single state that should be respected in a federal system. Until recently, the best military academies were male-only. - Correct answer b.) Unelected federal judges should not be the final decision-makers of social mores. Which of the following is not a suspect classification?
Courts conduct a fact-intensive inquiry, weighing the likely benefits to the majority against the likely harm to minorities. Courts ask the parties to procure surveys canvassing public responses to a congressional spending measure. Courts don't need to determine whether congressional spending is consistent with the general welfare because nothing in the text of the Constitution suggests that the "general welfare" is a relevant consideration. - Correct answer Courts defer substantially to the judgment of Congress. What serious question did the Jones & Laughlin dissenters raise?
Under the anti-commandeering principle, what does Congress remain free to do?
The Executive's exercise of that discretion must be contrary to, not consonant with, the congressional policy underlying the statutes. The Executive is free to disregard congressional policy when executing the laws. - Correct answer The Executive's exercise of that discretion must be consonant with, not contrary to, the congressional policy underlying the law. The removal power is... Central to the President's power to control the federal bureaucracy, and thus the President's Article II powers. Inadequate for the President to fulfill his or her duties under the Take Care clause. Not found in the Constitution, and thus it doesn't exist. Ripe for abuse and should be carefully regulated by Congress. - Correct answer Central to the President's power to control the federal bureaucracy, and thus the President's Article II powers. When is a plaintiff most likely to win on a claim that the President violated the Take Care clause? When the individual suffered harm from non-enforcement. When the President engaged in an EXTREME instance of non-enforcement.
When the President largely executed the law according to the law's precise wording, but expanded the law's coverage very slightly. When the President executed the law according to the law's precise wording, and did not expand it in any way. - Correct answer When the President engaged in an EXTREME instance of non-enforcement. What is the most fundamental question raised by the development of the modern administrative state? Whether this development is a good idea. Whether the development of the administrative state is constitutional. To what extent the courts should review the actions of the administrative state. The administrative state exists now as it always has, so no questions remain. - Correct answer Whether the development of the administrative state is constitutional. The Take Care clause imposes a(n) ----- duty and grants a(n) ----- power. (Fill in the blanks) implied; explicit affirmative; explicit non-delegable; de minimis explicit; implied - Correct answer explicit; implied
Varies in importance depending on who hold the presidency at any given time. A non-factor in modern government. An aberration with no positive effects. - Correct answer Absolutely central to modern government. What type of injury must a plaintiff allege to establish Article III standing? An injury with a low prognosis for recovery absent the court's intervention. A physical or psychological injury. A germane injury of significant duration. A concrete, particularized, and imminent injury. - Correct answer A concrete, particularized, and imminent injury. How does Article III standing relate to the question of institutional choice? Establishing standing is a necessary prerequisite to any suit. Standing criteria defines which decisions can be made by courts and which must be left to the political process. Plaintiffs who establish Article III standing get to choose whether Congress or the President should redress their grievances. Standing criteria allows courts to determine whether to leave the question to Congress or the President. - Correct answer Standing criteria defines which decisions can be made by courts and which must be left to the political process.
Which of the following best characterizes courts' review of executive decisions of non-enforcement? Courts typically invalidate such decisions. Courts review these decisions very deferentially. Courts review these decisions somewhat deferentially. They subject these decisions to a high level of judicial scrutiny. - Correct answer Courts review these decisions very deferentially. Aside from injury, what other two requirements must a plaintiff meet to establish Article III standing? High importance to vast numbers of society. Solvency and retention of counsel. Imminence and likelihood of recurrence. Causation and redressability. - Correct answer Causation and redressability. In effect, all real-world delegations of rulemaking authority are... Hard questions. Unconstitutional. Delegation of rulemaking authority is rare in the real-world.
The prohibition of the Equal Protection Clause goes no further than the invidious (i.e., unjust or malicious) discrimination. Rational basis review, the standard courts use, will invalidate the law. - Correct answer The prohibition of the Equal Protection Clause goes no further than the invidious (i.e., unjust or malicious) discrimination. What is the question of institutional choice in free speech cases?