Con Law: Separation of Powers

con-law-separation-of-powers

Question 1 of 1

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The local government imposes a tax on cars that emits over 100 units of pollution. The government taxes Mr. Taxpayer, who brings a procedural due process claim. Which of these statements is true?

Select the correct answer(s).

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Explanation

Procedural due process applies to any governmental deprivation of life, liberty, or property. What process did the government follow for figuring out that the tax applied?

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A public-school teacher has "tenure" and is fired by the school for voicing political opinions outside of school. She brings a free-speech claim and a procedural due process claim. Which of the following is true?

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Explanation

Was there adequate process for figuring out if she violated the law?

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What was Abraham Lincoln's opinion about the effect of the Supreme Court's Dred Scott decision?

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Explanation

Classic departmentalism.

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Which of these quotations originally comes from Cooper v. Aaron (1958)?

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Explanation

Cooper v. Aaron is a judicial supremacy case.

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What was the underlying issue that gave rise to Cooper v. Aaron?

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Explanation

States were segregating individual students on the basis of race.

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Which of these is not a prong of standing analysis?

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Explanation

Injury, causation, and redressability are the three prongs of standing.

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Which of these is a "prudential" aspect of standing?

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Based on what you known about the constitutional basis for standing law, do federal standing rules apply to state claims being brought in state court?

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Explanation

Federal standing rules are about Article III courts hearing cases and controversies.

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What's the justiciability problem in Windsor?

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Explanation

Both the government and Mrs. Windsor agreed that DOMA was unconstitutional and that Mrs. Windsor should win.

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What did the Supreme Court hold in Windsor?

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Windsor: Which earlier case offered support for having the house ("BLAG") step in and defend the law?

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Explanation

Chadha was discussed in Justice Alito's separate opinion - In Chadha there was a similar situation where the executive branch and Chadha thought the line-item veto was unconstitutional and so they agreed. The House stepped in to defend the law.

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Which of these plaintiffs is least likely to have standing?

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Explanation

What we are asking with standing law is: is this the right person to be bringing this claim? Is the sort of claim that ought to be heard in federal court? Here we have a generalized injury, he would likely not have standing.

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Which of these best describes the Supreme Court's holding in Nixon?

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Explanation

We just look to whether the Senate has convicted following a valid impeachment, we don't look at the procedures the Senate used in the conviction process.

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Nixon: Which of these best fits the majority's definition of a political question?

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Explanation

The question isn't about who is better at deciding a certain issue - it has to be stronger than that to be a political question. It has to be that the Constitution itself gives the decision making power to the other branch or that the judiciary just is incapable of deciding.

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Which of these doctrines generally does not relate to the timing of a dispute/injury/case?

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Explanation

Mootness is about whether the suit should be dismissed because the problem has gone away, ripeness is about whether the suit should be dismissed because the injury hasn't matured yet, and standing is partly about the timing (imminent injury). Adversity isn't about timing as it is what the parties think about each others legal position.

Con Law: Separation of Powers

Question 1 of 1

Time Left

The local government imposes a tax on cars that emits over 100 units of pollution. The government taxes Mr. Taxpayer, who brings a procedural due process claim. Which of these statements is true?

Select the correct answer(s).

(0/0)

Explanation

A public-school teacher has "tenure" and is fired by the school for voicing political opinions outside of school. She brings a free-speech claim and a procedural due process claim. Which of the following is true?

Select the correct answer(s).

(0/0)

Explanation

What was Abraham Lincoln's opinion about the effect of the Supreme Court's Dred Scott decision?

Select the correct answer(s).

(0/0)

Explanation

Which of these quotations *originally* comes from Cooper v. Aaron (1958)?

Select the correct answer(s).

(0/0)

Explanation

What was the underlying issue that gave rise to Cooper v. Aaron?

Select the correct answer(s).

(0/0)

Explanation

Which of these is *not* a prong of standing analysis?

Select the correct answer(s).

(0/0)

Explanation

Which of these is a "prudential" aspect of standing?

Select the correct answer(s).

(0/0)

Based on what you known about the constitutional basis for standing law, do *federal* standing rules apply to state claims being brought in state court?

Select the correct answer(s).

(0/0)

Explanation

What's the justiciability problem in Windsor?

Select the correct answer(s).

(0/0)

Explanation

What did the Supreme Court hold in Windsor?

Select the correct answer(s).

(0/0)

Windsor: Which earlier case offered support for having the house ("BLAG") step in and defend the law?

Select the correct answer(s).

(0/0)

Explanation

Which of these plaintiffs is *least* likely to have standing?

Select the correct answer(s).

(0/0)

Explanation

Which of these best describes the Supreme Court's holding in Nixon?

Select the correct answer(s).

(0/0)

Explanation

Nixon: Which of these best fits the majority's definition of a political question?

Select the correct answer(s).

(0/0)

Explanation

Which of these doctrines generally does *not* relate to the *timing* of a dispute/injury/case?

Select the correct answer(s).

(0/0)

Explanation

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Which of these quotations originally comes from Cooper v. Aaron (1958)?

Which of these is not a prong of standing analysis?

Based on what you known about the constitutional basis for standing law, do federal standing rules apply to state claims being brought in state court?

Which of these plaintiffs is least likely to have standing?

Which of these doctrines generally does not relate to the timing of a dispute/injury/case?