UNIVERSITY ACTUAL EXAM PAPER 2026
QUESTIONS WITH ANSWERS GRADED A+
⩥ What are the "big three" institutional choices (mark all that apply)?
Answer: Congress
Separation of Powers (Congress vs. the President vs. the courts)
The Executive Branch
The United Nations
Federalism (Federal government vs. States)
Individual rights (Unelected courts vs. democratically elected
institutions/officials)
,The Judicial Branch
Supreme Potentate Andrew Coan
⩥ How are easy federalism cases resolved? Answer: Easy cases are
resolved by the Constitution and past Supreme Court cases.
⩥ How does a Constitution acquire legal authority? Answer: A
community must accept it as legitimate. No legal text is self-
legitimating.
⩥ Which of the following is correct? Answer: Federal power follows a
German-style rule, because everything is forbidden unless specifically
allowed.
⩥ The dead hand problem is ... Answer: A powerful objection to the U.S.
constitution that does not persuade most Americans
⩥ Hard cases are cases in which ... Answer: The governing legal rule
fails to clearly and decisively resolve the legal issue posed
, ⩥ When faced with a hard federalism case, lawyers turn to... Answer:
Institutional arguments, such as those presented in Federalist 10.
⩥ If almost everyone agrees that the Constitution is binding law, does it
matter why we treat it as such? Answer: Yes, how we interpret the
constitution depends on why we treat it as binding law.
⩥ What is the central issue in every constitutional case? Answer: The
central issue is always the question of institutional choice-which
institution should be understood to possess constitutional authority over
the issue at hand?
⩥ When are constitutional cases easy? Answer: When the constitutional
text or existing case law is clear.
⩥ In a hard constitutional case, what kind of arguments are key?
Answer: Arguments based on the strengths and weaknesses of different
institutions.
⩥ Easy cases are cases in which ... Answer: The governing rule clearly
and decisively resolves the legal issue posed
⩥ Which two well-defined camps dominate Federalism? Answer: Pro-
state; Pro-national