Law 404 Midterm Exam Study Guide (Already Graded A+)

When faced with a hard federalism case, lawyers turn to... correct answers institutional arguments, such as those presented in Federalist 10. How does a Constitution acquire legal authority? correct answers A community must accept it as legitimate - no legal test is self-legitimizing Easy cases are cases in which... correct answers the governing rule clearly and decisively resolves the legal issue posed. When are constitutional cases easy? correct answers When the constitutional text or existing case law is clear. Hard cases are cases in which... correct answers the governing legal rule fails to clearly & decisively resolve the legal issue posed In what context do most federalism cases arise? correct answers Disputes over Congress' powers under Article I of the Constitution. What is the central issue in every constitutional case? correct answers The central issue is always the question of institutional choice. - Which institution should be understood to possess constitutional authority over the issue at hand? If almost everyone agrees that the Constitution is binding law, does it matter why we treat it as such? correct answers Yes, how we interpret the constitution depends on why we treat it as binding law. In a hard constitutional case, what kind of arguments are key? correct answers Arguments based on the strengths & weaknesses of different institutions. How are early federalism cases resolved? correct answers Easy cases are resolved by the Constitution & past Supreme Court cases. What are the "big three" institutional choices? correct answers - Individual Rights (unelected courts v. democratically elected institutions/officials) - Federalism (fed. govt v. states) - Separation of Powers (Congress v. the President v. the courts) Which of the following is correct? correct answers Federal power follows a German-style rule, because everything is forbidden unless specifically allowed. The dead hand problem is... correct answers A powerful objection to the US Constitution that does not persuade most Americans.