Constitutional Law Flashcards

Under the Appointments Clause of Article II, 'inferior officers' may be appointed by Congress to which of the following?

Answer: Both A and B

The Appointments Clause allows Congress to vest appointment of inferior officers in the President alone, the courts of law, or the heads of departments — any of these three options.

The constitutional guarantee against double jeopardy attaches in a jury trial at what point?

Answer: When the jury is sworn in

In a jury trial, double jeopardy attaches when the jury is sworn in, protecting a defendant from being tried again for the same offense after that point.

The Privileges and Immunities Clause of Article IV prevents states from discriminating against citizens of other states with respect to:

Answer: Fundamental rights related to national unity such as the right to practice a profession

The Article IV Privileges and Immunities Clause prohibits states from discriminating against out-of-state citizens with respect to fundamental rights related to national unity, such as the right to pursue a livelihood or practice a profession.

Under the Presentment Clause, after Congress passes legislation, the President has how many days to sign or veto a bill (excluding Sundays)?

Answer: 10 days

Article I, Section 7 gives the President 10 days (excluding Sundays) to sign or veto legislation; if the President does neither, the bill becomes law unless Congress has adjourned.

Which constitutional doctrine holds that courts will not decide political questions that have been committed by the Constitution to another branch of government?

Answer: Political question doctrine

The political question doctrine bars federal courts from hearing cases involving questions committed to the political branches by the Constitution, such as the conduct of foreign affairs or the process for impeachment.

Under the Fourteenth Amendment's Equal Protection Clause, a law that classifies on the basis of gender is subject to which standard of review?

Answer: Intermediate scrutiny

Gender-based classifications are subject to intermediate scrutiny, requiring the government to show the law is substantially related to an important governmental interest.

The Supremacy Clause provides that federal law preempts state law. Express preemption occurs when:

Answer: Congress explicitly states its intent to preempt state law in the statute

Express preemption occurs when Congress explicitly states in the statute its intent to preempt state law in a particular area, as opposed to implied preemption which courts infer from the statute's structure and purpose.