Constitutional Law Exam 1 Questions with Complete Solutions (Latest 2025) Judicial Review - Correct Answers ✅The legislative and executive branches are subject to review by the judicial branch.Marbury v. Madison (1803) Marshall deemed the Supreme Court, under Article 3, Section 2, only has original jurisdiction in cases dealing with diplomatic or state issues and in all other cases it has appellate jurisdiction. This sets up the precedent for judicial review.Threshold Considerations - Correct Answers ✅If there is no
threshold consideration, there is no case:
1.) No advisory opinions 2.) Standing 3.) Mootness 4.) Political questions Lujan v. Defenders of Wildlife (1992) Plaintiffs have no standing in this case against the Endangered Species Act because the threat of the extinction of a species alone brings no individual injury.Court Packing Plan of 1937 - Correct Answers ✅FDR's attack on the Supreme Court after the decision of Schecter Poultry, the plan was to require a "justice aid" to every justice over the age of 70. This would have added 15 justices to the Supreme Court. The plan failed but it resulted in the justices 1 / 2
Constitutional Law Exam 1 Questions with Complete Solutions (Latest 2025) of the court to begin siding with FDR instead of going against him. Fear? Change of Heart? No one knows.Original Jurisdiction/Appellate Jurisdiction - Correct Answers
✅OJ: Courts power to hear a case the first time
AJ: Courts power to review a lower courts decision
Marbury v. Madison Under the Judiciary Act of 1789 Marbury believed the Supreme Court had original jurisdiction in his case. Marshall delivers the opinion that the Supreme Court can only have original jurisdiction in cases dealing with diplomatic or state affairs. All other cases the Supreme Court has appellate jurisdiction. By doing so, Marshall sets the precedent for judicial review.Negative Doctrine - Correct Answers ✅The government has no obligation to help a private citizen in obtaining their rights; it just can not take them away.Right to bear arms, but does not have to supply the guns.DeShaney v. Winnebago County (1989) Executive Privilege - Correct Answers ✅In order to "take care that the laws be faithfully executed" the President must be able to receive information without being compelled to make it public information.Implied power of the President since Washington.
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