VT Bar Constitutional Law Flashcards

Under Vermont's Constitution, how long is the term of a Vermont Supreme Court Justice?

Answer: 10 years, subject to legislative approval

Vermont Supreme Court Justices serve 6-year terms and must be reappointed through a legislative vote.

Which federal constitutional doctrine allows federal courts to abstain from deciding a case involving unsettled questions of state law?

Answer: Pullman abstention

Pullman abstention allows federal courts to defer to state courts on unsettled state law questions that might resolve the federal constitutional issue.

The Free Exercise Clause protects individuals from government burdens on religion unless the law is which of the following?

Answer: A law of general applicability and neutrality toward religion

Under Employment Division v. Smith, neutral laws of general applicability do not violate the Free Exercise Clause even if they incidentally burden religion.

Under the Eleventh Amendment, a private citizen generally cannot sue a state in federal court unless which of the following applies?

Answer: The state has consented to suit or Congress has abrogated immunity

State sovereign immunity under the Eleventh Amendment may be waived by the state's consent or abrogated by Congress acting pursuant to the Fourteenth Amendment.

Vermont's Declaration of Rights is found in which part of the Vermont Constitution?

Answer: Chapter I

Vermont's Declaration of Rights is contained in Chapter I of the Vermont Constitution.

The political question doctrine prevents federal courts from adjudicating disputes that are committed to which branch of government?

Answer: The political branches under the Constitution

The political question doctrine bars federal court review of matters constitutionally committed to the legislative or executive branches.