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Constitutional Law and the U.S. Government, Exams of Law

Indiana University EastLaw

A comprehensive overview of key aspects of the U.S. Constitution and the structure of the American government. It covers important articles, sections, and clauses, the 14th Amendment, due process, and judicial scrutiny. The document also examines the German government system, including its legislature, the role of the president and chancellor, and the court system. A valuable resource for students and researchers interested in constitutional law and comparative government.

Typology: Exams

2024/2025

Available from 10/07/2024

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SPEA V - 184 Law Midterm Examination
2024/2025 Edition.
What does Article I, Section 9 of the constitution cover? - ✔✔Cannot
limit migration between states
Cannot impede habeas corpus
No bills of attainder or ex post facto laws
No capitation (poll taxes)
No taxation on intrastate commerce
No preferences between states
No spending money unless specified by appropriation
No nobility
What is Article I, Section 8, Paragraph 18 in the constitution? - ✔✔*The
Necessary and Proper Clause*
This states: The Congress shall have Power ... To make all Laws which
shall be necessary and proper for carrying into Execution the foregoing
Powers, and all other Powers vested by this Constitution in the
Government of the United States, or in any Department or Officer
thereof.
What is Article VI in the constitution? - ✔✔*The Supremacy Clause*
This states: This Constitution, and the Laws of the United States which
shall be made in Pursuance thereof; and all Treaties made, or which
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SPEA V - 184 Law Midterm Examination

2024/2025 Edition.

What does Article I, Section 9 of the constitution cover? - ✔✔Cannot limit migration between states Cannot impede habeas corpus No bills of attainder or ex post facto laws No capitation (poll taxes) No taxation on intrastate commerce No preferences between states No spending money unless specified by appropriation No nobility What is Article I, Section 8, Paragraph 18 in the constitution? - ✔✔The Necessary and Proper Clause This states: The Congress shall have Power ... To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. What is Article VI in the constitution? - ✔✔The Supremacy Clause This states: This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which

shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. What is Article I, Section 8 in the constitution? - ✔✔The Tax and Spending Clause This states: The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States; What is Article I, Section 8, Clause 3 in the constitution? - ✔✔The Commerce Clause This states: [The Congress shall have Power] To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; What does the 14th amendment state? - ✔✔All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

declaration of war by Congress, statutory authorization, and in case of "a national emergency created by attack upon the United States, its territories or possessions, or its armed forces."

  • Must notify Congress within 48 hours of committing troops
  • Cannot commit troops for more than 60 days without
  • Congressional approval
  • There are abiding questions about its constitutionality. What are executive orders? - ✔✔"take care that the laws are faithfully executed" Ex: Youngstown Sheet & Tube Co. v. Sawyer, 343 US 579 (1952) where Truman placed all steel mills in the country under federal control. Supreme Court overturned it and held that Truman intruded on the purview of Congress What is the purpose of an administrative agency? - ✔✔- Regulate a particular field or area of commerce that requires specialized knowledge
  • Act as a liaison between Congress, the President, and the affected industry/population How does the Promulgation Process work? - ✔✔1. The public is informed of proposed rules before they take effect.
  1. The public can comment on the proposed rules and provide additional data to the agency.
  1. The public can access the rulemaking record and analyze the data and analysis behind a proposed rule.
  2. The agency analyzes and responds to the public's comments.
  3. The agency creates a permanent record of its analysis and the process.
  4. The agency's actions can be reviewed by a judge or others to ensure the correct process was followed. What are Adjudications and what are the 2 types? - ✔✔1. Informal: agency decisions are made using inspections, conferences and negotiations
  5. Formal: Trial-like hearing, Witness testimony, Written record, Final decision, Formal adjudication may be subject to judicial review What are the Prerequisites for Judicial Review? - ✔✔1. The case must be ripe for review
  6. The petitioner must have exhausted all administrative remedies
  7. The decision of the administrative agency must be final before judicial review can be sought. Judges at the trial court level are...appointed or elected? - ✔✔Elected Judges at the appellate level are...appointed or elected? - ✔✔Appointed
  • Frank-Walter Steinmeier
  • Does not really have a role in governance ~Chancellor
  • Responsible to the legislature
  • Only removed by a vote of no confidence
  • Is a party leader and member of the legislature
  • Angela Merkel How does priority work in the government? - ✔✔Federal - > State - > Local Who are the Federalists? - ✔✔Someone who supports a strong central government with subservient, but separate, regional governments in the same system What are the Federalist Papers? - ✔✔Written by a variety of people in 1787 and 1788 to promote the ratification of the Constitution and published in pamphlets and newspapers. Its main themes were: Problems with the Articles Value of unity True republican government Parallels with existing state constitutions

What does Article I, Section 8 of the constitution cover? - ✔✔Collect taxes and pay debts Borrow money Regulate commerce Coin money Establish post office and maintain roads Declare war Raise an army and a navy and call on state militias Legislate Make all laws necessary and proper Describe Germany's Court System. - ✔✔- Federal Constitutional Court

  • Länder's constitutional courts
  • 6 different types of courts:
  1. Ordinary courts
  2. Administrative law courts.
  3. Tax law courts.
  4. Labour law courts.
  5. Social law courts.
  6. Constitutional law courts
  • NOT in Berlin