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Federal Sources of Power and Constitutional Principles, Exams of Law

An overview of the various sources of power within the federal government of the united states, including express powers, implied powers, inherent powers, reserved powers, and concurrent powers. It also covers key constitutional principles such as freedom of speech, equal protection, due process, and the relationship between federal and state governments. The document delves into topics like the standards of judicial review, the types of procedural due process, the role of administrative agencies, and the interaction between international law and the u.s. Legal system. This comprehensive coverage of fundamental constitutional concepts and government structures would be highly valuable for students studying u.s. Government, law, or political science at the university level.

Typology: Exams

2024/2025

Available from 10/07/2024

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SPEA V-184 Final Version Two
Questions with Answers
1. federal sources of power
✔✔-express powers
-implied powers
-inherent powers
-reserved powers
-concurrent powers
2. express powers - ✔✔Powers the Constitution specifically grants to
one of the branches of the national government.
3. Freedoms of Speech - ✔✔restrictions of governments ability to
regulate speech depending on the type of speech at issue
4. Types of Speech - ✔✔pure speech, speech plus, symbolic speech
5. Pure Speech - ✔✔Verbal communication of ideas and opinions
6. Speech Plus - ✔✔Speech accompanied by activities such as sit-ins,
picketing, and demonstrations. Protection of this form of speech
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SPEA V- 184 Final Version Two

Questions with Answers

  1. federal sources of power – ✔✔-express powers
    • implied powers
    • inherent powers
    • reserved powers
    • concurrent powers
  2. express powers - ✔✔Powers the Constitution specifically grants to one of the branches of the national government.
  3. Freedoms of Speech - ✔✔restrictions of governments ability to regulate speech depending on the type of speech at issue
  4. Types of Speech - ✔✔pure speech, speech plus, symbolic speech
  5. Pure Speech - ✔✔Verbal communication of ideas and opinions
  6. Speech Plus - ✔✔Speech accompanied by activities such as sit-ins, picketing, and demonstrations. Protection of this form of speech

under the First Amendment is conditional, and restrictions imposed by state or local authorities are acceptable if properly balanced by considerations of public order.

  1. Symbolic Speech - ✔✔nonverbal communication, such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the first amendment.
  2. Prior Restraint (Censorship) - ✔✔government censorship of information before it is published or broadcast
  3. content neutral - ✔✔Free speech doctrine that allows certain types of regulation of speech, as long as the restriction does not favor one side or another of a controversy.
  4. time, place, and manner restrictions - ✔✔regulations regarding when, where, or how expression may occur; must be content neutral
  5. Content-based restrictions - ✔✔must be: CLEAR, follow DUE PROCESS, be NARROWLY TAILORED, and be COMPELLING to a GOVERNMENTAL INTEREST (Only when speech becomes an incitement to immediate violence. Mere unpopular view cannot be punished.) Must meet strict scrutiny

Constitution. A law subject to this standard is considered constitutional if it advances "an important government objective" and is "substantially related" to the objective

  1. Strict Scrutiny - ✔✔A heightened standard of review used by the Supreme Court to determine the constitutional validity of a challenged practice.
  2. Fact Pattern - ✔✔summary of facts that judges consider when making their decisions
  3. Federalism - ✔✔A system in which power is divided between the national and state governments
  4. how does federalism work? - ✔✔divides power between national and state governments
  5. how does the constitution establish federalism? - ✔✔the 10th amendment defines the concept of federalism
  6. 10th Amendment to US Constitution - ✔✔Powers of states and people. Anything not in the constitution is left to the states.
  1. types of powers of the federal government - ✔✔Delegated (or enumerated) Powers, Implied powers, and Inherent powers
  2. delegated powers - ✔✔Powers specifically given to the federal government by the US Constitution, for example, the authority to print money.
  3. implied powers - ✔✔Powers not specifically mentioned in the constitution
  4. inherent powers - ✔✔The powers of the national government in foreign affairs that the Supreme Court has declared do not depend on constitutional grants but rather grow out of the very existence of the national government.
  5. Powers of the Federal Government – ✔✔to print money to declare war to create an army to make treaties
  6. Powers of the states – ✔✔-regulate intrastate trade
    • est. local
  1. reserved powers - ✔✔Powers not specifically granted to the federal government or denied to the states belong to the states and the people
  2. Necessary and Proper Clause - ✔✔Clause of the Constitution (Article I, Section 8, Clause 3) setting forth the implied powers of Congress. It states that Congress, in addition to its express powers, has the right to make all laws necessary and proper to carry out all powers the Constitution vests in the national government
  3. due process - ✔✔(law) the administration of justice according to established rules and principles
  4. Procedural Due Process - ✔✔procedural laws that protect the rights of individuals who must deal with the legal system
  5. substantive due process - ✔✔Constitutional requirement that governments act reasonably and that the substance of the laws themselves be fair and reasonable; limits what a government may do.
  6. Mathews v. Eldridge - ✔✔Whether an administrative procedure meets the constitutional guarantees of the Due Process Clause requires a consideration of three factors: (1) the private interest at stake in the administrative action; (2) the risk of an erroneous deprivation of this interest through the procedures used, and the

probable value, if any, of additional or substitute procedural safeguards; and (3) the government's interest, including the function involved and the fiscal and administrative burdens that additional or substitute procedural requirements would entail.

  1. types of procedural due process –
    • right against unlawful search and seizure
    • right to trial by jury
    • right to an attorney
    • freedom from self-incrimination
  2. Fundamental Rights - ✔✔no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States
  3. no state shall 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
  4. what test is used to determine fundamental rights? - ✔✔strict scrutiny test
  5. administrative law - ✔✔The body of law created by administrative agencies in order to carry out their duties and responsibilities.

limits:

  • statutory limitations
  • constitutional limitations
  • judicial review
  • public participation
  1. how do courts interact with agencies and their activities? - ✔✔courts oversee agencies
  • reviewing to make sure decisions and actions are consistent with statutory and constitutional requirements
  • judicial review of agency actions
  • appeals of agency decisions
  • deference to agency expertise (chevron deference)
  • mandamus actions (force agency action)
  1. freedom of religion - ✔✔people shall be free to exercise their religion, and government may not establish a religion
  2. establishment clause and free exercise clause - ✔✔Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof
  3. court standards used to analyze freedom of religion cases - ✔✔- lemon test
  • sherbert test
  • smith test
  • ministerial exception
  1. lemon test - ✔✔The three-part test for Establishment Clause cases that a law must pass before it is declared constitutional: it must have a secular purpose; it must neither advance nor inhibit religion; and it must not cause excessive entanglement with religion.
  2. sherbert test - ✔✔For the individual, court must determine:
  1. Whether person has a claim involving a sincere religious belief.
  2. Whether contested action is a substantial burden on the person's ability to act on the that belief.
  1. If "yes", then government must prove:
  1. It is acting in furtherance of "compelling state interest".
  2. It has pursued that interest in manner least restrictive, or least burdensome, to religion.
  1. Smith Test (Free exercise) - ✔✔Does Law have non-secular purpose? Does it apply generally to everyone? If YES to both: Law is valid If NO to both: Law is invalid

relevant evidence to the crime; protection from illegal search and seizure is in the Fourth Amendment

  1. Criminal Law - ✔✔A law that defines crimes against the public order.
  2. juries - ✔✔a body of people (typically twelve in number) sworn to give a verdict in a legal case on the basis of evidence submitted to them in court.
  3. probable cause - ✔✔reasonable cause for issuing a search warrant or making an arrest; more than mere suspicion
  4. Arrest powers - ✔✔The power to use force, the power to search, the power to exercise seizure and restraint
  5. selective incorporation - ✔✔a constitutional doctrine that ensures states cannot enact laws that take away the constitutional rights of American citizens that are enshrined in the Bill of Rights
  6. originalism theory - ✔✔A method of interpreting the Constitution that emphasizes the meaning of its words at the time they were written.
  1. Living Constitution - ✔✔a concept that claims that the Constitution is dynamic and that modern society should be considered when interpreting key constitutional text
  2. concurrent powers - ✔✔Powers held jointly by the national and state governments.