Constitutional Law Exam 1 with Correct
Solutions
1. Judicial Review correct answer 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.
2. Threshold Considerations correct answer 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)
Plaintitts 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.
3. Court Packing Plan of 1937 correct answer 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 of the court to begin
siding with FDR instead of going against him. Fear? Change of Heart? No one knows.
4. Original Jurisdiction/Appellate Jurisdiction correct answer OJ correct answer Courts
power to hear a case the first time
AJ correct answer 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 attairs. All other cases the Supreme Court has appellate jurisdiction. By doing so,
Marshall sets the precedent for judicial review.
5. Negative Doctrine correct answer The government has no obligation to help a private citizen in
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11
, 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)
6. Executive Privilege correct answer In order to "take care that the laws be faithfully executed" th
President must be able
to receive information without being compelled to make it public
information. Implied power of the President since Washington.
*Does not apply in criminal investigations
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11
Solutions
1. Judicial Review correct answer 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.
2. Threshold Considerations correct answer 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)
Plaintitts 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.
3. Court Packing Plan of 1937 correct answer 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 of the court to begin
siding with FDR instead of going against him. Fear? Change of Heart? No one knows.
4. Original Jurisdiction/Appellate Jurisdiction correct answer OJ correct answer Courts
power to hear a case the first time
AJ correct answer 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 attairs. All other cases the Supreme Court has appellate jurisdiction. By doing so,
Marshall sets the precedent for judicial review.
5. Negative Doctrine correct answer The government has no obligation to help a private citizen in
1/
11
, 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)
6. Executive Privilege correct answer In order to "take care that the laws be faithfully executed" th
President must be able
to receive information without being compelled to make it public
information. Implied power of the President since Washington.
*Does not apply in criminal investigations
2/
11
