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Foundations of Law
Constitutional Law
Federalism & Separation of Powers
What is Federalism

Question 1

The United States Supreme Court hears cases when:

There are sufficient minutiae in the case.

Correct

Incorrect!

The Court grants a writ of certiorari.

Correct The Supreme Court accepts a case for review by granting a writ of certiorari which instructs the lower court, of the highest appellate court of a state, to send the case up for hearing.

Incorrect! The Supreme Court accepts a case for review by granting a writ of certiorari which instructs the lower court, of the highest appellate court of a state, to send the case up for hearing.

The case is deemed to be one of quantum meruit.

Correct

Incorrect!

There is sufficient fructus legis.

Correct

Incorrect!

Question 2

The federal government derives its power from:

The constitutions of the various states in which they grant power to the federal government.

Correct

Incorrect!

The United States Constitution.

Correct The U.S. Constitution grants the federal government specifically enumerated powers, which are sufficiently flexible to be applied in different ways over time, thanks in part to the Necessary and Proper Clause of Article I.

Incorrect! The U.S. Constitution grants the federal government specifically enumerated powers, which are sufficiently flexible to be applied in different ways over time, thanks in part to the Necessary and Proper Clause of Article I.

The nation's armed forces.

Correct

Incorrect!

The founding principles of our democratic society.

Correct

Incorrect!

Question 3

Congress, discouraged with what it perceives as excessive grand-standing and wasting time in court passes a law which limits opening and closing arguments to 2 hours each in any civil case heard in a federal court. Which of the following is TRUE?

The law is invalid as the legislature has no authority over the judicial branch of government.

Correct

Incorrect!

The law is invalid as an excessive interference with a federal cause of action.

Correct

Incorrect!

The law is valid as a proper exercise of Congressional power under the Necessary and Proper Clause.

Correct Congress is granted the power to establish federal courts, and the Necessary and Proper Clause means that Congress can establish rules of procedure for these courts.

Incorrect! Congress is granted the power to establish federal courts, and the Necessary and Proper Clause means that Congress can establish rules of procedure for these courts.

The law is valid as the intent does not involve an infringement on state's rights.

Correct

Incorrect!

Question 4

Which of the following is TRUE about the power of the states?

States have the power to pass any law which does not violate the Constitution.

Correct A state legislature may enact any law so long as the law does not violate the Constitution. Answers (c) and (d) are wrong because Congress may not interfere with a valid state law. Answer (b) is more appropriate to Congress' power to act.

Incorrect! A state legislature may enact any law so long as the law does not violate the Constitution. Answers (c) and (d) are wrong because Congress may not interfere with a valid state law. Answer (b) is more appropriate to Congress' power to act.

States have the power to pass laws only in those areas specifically enumerated in the Constitution.

Correct

Incorrect!

States have the power to pass any law regardless of the Constitution, but Congress may act to supercede any state laws which violate the Constitution.

Correct

Incorrect!

States have the power to pass any law but Congress may veto any state law upon a showing of good cause.

Correct

Incorrect!

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