Bar MBE 2022 - Constitutional Law Questions
And Answers With Actual Test
A party has standing when they have CONCRETE STAKE in the outcome of a case at all stages of
litigation, including on appeal.
Must establish:
1) Injury - Plaintiffs may only assert injuries they have PERSONALLY suffered or will IMMINENTLY
suffer, but the injury does not have to be economic.
2) Causal Connection - Plaintiffs must allege and prove that the defendant caused the injury so that a
favorable court decision is likely to remedy the injury (redressability). Article III prohibits courts from
issuing advisory opinions. Correct Answers: When does a party have standing to bring a matter to
court for adjudication?
Generally no.
EXCEPTIONS:
1) a claimant with standing in their own right may also assert the rights of a third party if
a) there is a close relationship between the plaintiff and the injured third party OR
b) the injured third party is UNLIKELY to be able to assert their own rights
2) An organization may sue for its members, if
a) the members would have standing to sue
b) the interests are germane to the organization's purpose
c) neither the claim nor the relief requires the participation of individual members Correct Answers:
Can a plaintiff assert claims of third parties not before the court?
No, a plaintiff must NOT be suing SOLELY as a citizen or taxpayer interested in having the
government follow the law. Citizenship and taxpayer standing are NOT sufficient unless an exception
applies. Correct Answers: Can a citizen or taxpayer sue the government for generalized grievances?
1) Taxpayers have standing to challenge government expenditures made pursuant to federal (or state
and local) statutes as violating the ESTABLISHMENT CLAUSE.
2) Taxpayers have standing to litigate their tax bill (ex: whether they really owe X dollars) Correct
Answers: When does a taxpayer have standing to challenge government expenditures?
Ripeness is the question of whether a federal court may grant pre-enforcement review of a statute or
regulation.
1) hardship that will be suffered without pre-enforcement review (the greater the hardship, the more
likely the court will hear the case)
2) fitness of the issues and the record for judicial review (does the court have all that it needs to
effectively decide the issue?) Correct Answers: What factors does the court consider to determine
ripeness?
They must show a likelihood of future harm Correct Answers: What must plaintiffs show when
seeking injunctive or declaratory relief?
,1) wrongs capable of repetition but evading review
2) defendant voluntarily halts the offending conduct, but is free to resume at any time
3) a class action will not be dismissed if the named plaintiff's claim becomes moot AS LONG AS one
member of the class has an ongoing injury Correct Answers: What are exceptions to the general rule
of dismissing a case that is moot (plaintiff's injury has ended)?
The political question doctrine refers to constitutional violations that the federal courts will not
adjudicate.
Political questions involve:
1) issues constitutionally committed to another branch of government
2) issues inherently incapable of judicial resolution
Examples:
1) challenges based on the "Republican Form of Government" Clause of Article IV
2) challenges to the President's conduct of foreign policy
3) challenges to the impeachment and removal process
4) challenges to partisan gerrymandering Correct Answers: What is the political question doctrine?
1) Most cases go to SCOTUS by WRIT OF CERTIORARI. SCOTUS has COMPLETE DISCRETION
to hear these cases
a) cases from state courts where 1) the constitutionality fo a federal statute, federal treaty, or state
statute is in issue OR
b) from federal courts of appeals
2) Appeal - SCOTUS MUST hear cases that come to it by appeal
a) this only applies to 3-JUDGE FEDERAL DISTRICT COURT PANEL that grant or deny injunctive
relief (usually this situation results from statute) Correct Answers: What are the ways a case can go
to the Supreme Court of the United States for review?
1) cases and controversies between states
2) cases and controversies where 1 party is a state
3) cases and controversies affecting ambassadors, public ministers, and consuls (federal courts have
concurrent jurisdiction) Correct Answers: When does the Supreme Court of the United States have
original and exclusive jurisdiction?
Generally, SCOTUS may hear cases only after there has been a final judgment from the highest state
court, a federal court of appeal, or a three-judge federal district court. Correct Answers: What is the
final judgments rule?
SCOTUS will review a state court decision only if they decision is NOT supported by an independent
and adequate state law ground.
If a state court decision rests on two grounds, one that's state law and one that's federal law, and if
the Supreme Court's reversal of the federal law ground will not change the result in the case
(because state law is still applicable), then SCOTUS can't hear the case. Correct Answers: What is
the rule on adequate and independent state grounds for SCOTUS to hear a case?
Eleventh Amendment: bars suits against states in federal court
Sovereign Immunity: bars suits against states in state courts or federal agencies
, Not applicable to local governments (they can be sued). Correct Answers: What is the difference
between the Eleventh Amendment and Sovereign Immunity?
1) States may WAIVE this protection and consent to be sued, but the waiver must be explicit
2) Congress explicitly removes the protection - example: States MAY BE sued pursuant to federal
laws adopted under Section 5 of the Fourteenth Amendment (note: Congress can't authorize suits
against states under other constitutional provisions)
3) Federal government may sue state governments
4) other states can also sue state governments
5) States are not protected from proceedings filed in federal bankruptcy courts Correct Answers:
When can states be sued?
1) for injunctive relief
2) for money damages to be paid out of the officer's own pockets
State officers may NOT be sued if the state treasury will be paying retroactive damages for the suit.
Correct Answers: When are suits against state officers allowed?
Federal courts may not enjoying pending state court proceedings. Correct Answers: What is the main
abstention doctrine?
No, Congress may act only pursuant to an express or implied power.
General police power = adopting laws for health, safety, and welfare of citizens Correct Answers:
Does Congress usually have general police power?
Congress has police power type powers over District of Columbia, federal lands and territories,
military bases, and Indian reservations based on its power over the capital and its property power.
Correct Answers: Under what limited circumstances does Congress have police power-type powers?
The Clause states that Congress has the power to make all laws necessary and proper (appropriate)
for executing any power granted to any branch of the federal government.
By itself, this Clause cannot support the constitutionality of a federal law. It MUST work in conjunction
with another federal law.
NOTE: any answer choice is INCORRECT if it states that a law is supported by the Necessary and
Proper Clause or is valid under Congress's power to enact legislation necessary and proper Correct
Answers: What does the Necessary and Proper Clause state?
Congress has the power to tax and spend for the GENERAL WELFARE. It cannot directly legislate
general welfare. Taxing and spending may be for any public purpose not prohibited by the
Constitution.
Most taxes will be upheld if they bear SOME REASONABLE RELATIONSHIP to REVENUE
PRODUCTION or if Congress has the power to regulate the activity taxed. Correct Answers: What
does Congress's taxing and spending power entail?
Congress has the power to regulate all foreign and interstate commerce.
And Answers With Actual Test
A party has standing when they have CONCRETE STAKE in the outcome of a case at all stages of
litigation, including on appeal.
Must establish:
1) Injury - Plaintiffs may only assert injuries they have PERSONALLY suffered or will IMMINENTLY
suffer, but the injury does not have to be economic.
2) Causal Connection - Plaintiffs must allege and prove that the defendant caused the injury so that a
favorable court decision is likely to remedy the injury (redressability). Article III prohibits courts from
issuing advisory opinions. Correct Answers: When does a party have standing to bring a matter to
court for adjudication?
Generally no.
EXCEPTIONS:
1) a claimant with standing in their own right may also assert the rights of a third party if
a) there is a close relationship between the plaintiff and the injured third party OR
b) the injured third party is UNLIKELY to be able to assert their own rights
2) An organization may sue for its members, if
a) the members would have standing to sue
b) the interests are germane to the organization's purpose
c) neither the claim nor the relief requires the participation of individual members Correct Answers:
Can a plaintiff assert claims of third parties not before the court?
No, a plaintiff must NOT be suing SOLELY as a citizen or taxpayer interested in having the
government follow the law. Citizenship and taxpayer standing are NOT sufficient unless an exception
applies. Correct Answers: Can a citizen or taxpayer sue the government for generalized grievances?
1) Taxpayers have standing to challenge government expenditures made pursuant to federal (or state
and local) statutes as violating the ESTABLISHMENT CLAUSE.
2) Taxpayers have standing to litigate their tax bill (ex: whether they really owe X dollars) Correct
Answers: When does a taxpayer have standing to challenge government expenditures?
Ripeness is the question of whether a federal court may grant pre-enforcement review of a statute or
regulation.
1) hardship that will be suffered without pre-enforcement review (the greater the hardship, the more
likely the court will hear the case)
2) fitness of the issues and the record for judicial review (does the court have all that it needs to
effectively decide the issue?) Correct Answers: What factors does the court consider to determine
ripeness?
They must show a likelihood of future harm Correct Answers: What must plaintiffs show when
seeking injunctive or declaratory relief?
,1) wrongs capable of repetition but evading review
2) defendant voluntarily halts the offending conduct, but is free to resume at any time
3) a class action will not be dismissed if the named plaintiff's claim becomes moot AS LONG AS one
member of the class has an ongoing injury Correct Answers: What are exceptions to the general rule
of dismissing a case that is moot (plaintiff's injury has ended)?
The political question doctrine refers to constitutional violations that the federal courts will not
adjudicate.
Political questions involve:
1) issues constitutionally committed to another branch of government
2) issues inherently incapable of judicial resolution
Examples:
1) challenges based on the "Republican Form of Government" Clause of Article IV
2) challenges to the President's conduct of foreign policy
3) challenges to the impeachment and removal process
4) challenges to partisan gerrymandering Correct Answers: What is the political question doctrine?
1) Most cases go to SCOTUS by WRIT OF CERTIORARI. SCOTUS has COMPLETE DISCRETION
to hear these cases
a) cases from state courts where 1) the constitutionality fo a federal statute, federal treaty, or state
statute is in issue OR
b) from federal courts of appeals
2) Appeal - SCOTUS MUST hear cases that come to it by appeal
a) this only applies to 3-JUDGE FEDERAL DISTRICT COURT PANEL that grant or deny injunctive
relief (usually this situation results from statute) Correct Answers: What are the ways a case can go
to the Supreme Court of the United States for review?
1) cases and controversies between states
2) cases and controversies where 1 party is a state
3) cases and controversies affecting ambassadors, public ministers, and consuls (federal courts have
concurrent jurisdiction) Correct Answers: When does the Supreme Court of the United States have
original and exclusive jurisdiction?
Generally, SCOTUS may hear cases only after there has been a final judgment from the highest state
court, a federal court of appeal, or a three-judge federal district court. Correct Answers: What is the
final judgments rule?
SCOTUS will review a state court decision only if they decision is NOT supported by an independent
and adequate state law ground.
If a state court decision rests on two grounds, one that's state law and one that's federal law, and if
the Supreme Court's reversal of the federal law ground will not change the result in the case
(because state law is still applicable), then SCOTUS can't hear the case. Correct Answers: What is
the rule on adequate and independent state grounds for SCOTUS to hear a case?
Eleventh Amendment: bars suits against states in federal court
Sovereign Immunity: bars suits against states in state courts or federal agencies
, Not applicable to local governments (they can be sued). Correct Answers: What is the difference
between the Eleventh Amendment and Sovereign Immunity?
1) States may WAIVE this protection and consent to be sued, but the waiver must be explicit
2) Congress explicitly removes the protection - example: States MAY BE sued pursuant to federal
laws adopted under Section 5 of the Fourteenth Amendment (note: Congress can't authorize suits
against states under other constitutional provisions)
3) Federal government may sue state governments
4) other states can also sue state governments
5) States are not protected from proceedings filed in federal bankruptcy courts Correct Answers:
When can states be sued?
1) for injunctive relief
2) for money damages to be paid out of the officer's own pockets
State officers may NOT be sued if the state treasury will be paying retroactive damages for the suit.
Correct Answers: When are suits against state officers allowed?
Federal courts may not enjoying pending state court proceedings. Correct Answers: What is the main
abstention doctrine?
No, Congress may act only pursuant to an express or implied power.
General police power = adopting laws for health, safety, and welfare of citizens Correct Answers:
Does Congress usually have general police power?
Congress has police power type powers over District of Columbia, federal lands and territories,
military bases, and Indian reservations based on its power over the capital and its property power.
Correct Answers: Under what limited circumstances does Congress have police power-type powers?
The Clause states that Congress has the power to make all laws necessary and proper (appropriate)
for executing any power granted to any branch of the federal government.
By itself, this Clause cannot support the constitutionality of a federal law. It MUST work in conjunction
with another federal law.
NOTE: any answer choice is INCORRECT if it states that a law is supported by the Necessary and
Proper Clause or is valid under Congress's power to enact legislation necessary and proper Correct
Answers: What does the Necessary and Proper Clause state?
Congress has the power to tax and spend for the GENERAL WELFARE. It cannot directly legislate
general welfare. Taxing and spending may be for any public purpose not prohibited by the
Constitution.
Most taxes will be upheld if they bear SOME REASONABLE RELATIONSHIP to REVENUE
PRODUCTION or if Congress has the power to regulate the activity taxed. Correct Answers: What
does Congress's taxing and spending power entail?
Congress has the power to regulate all foreign and interstate commerce.
