Missed MBE Questions

What type of scrutiny is PREVENTING POLITICAL SPEECH based on content?

Strict Scrutiny

How do you identify and what is a prior restraint under 1A

-Stopping speech before it occurs and this is met with Strict Scrutiny

What if there is a full taking occurs when there is a tenant on the property?
What about a partial taking?

The lease is released if full
If the taking is partial then the lease is valid but it is proportionally adjusted to the amount available.

When do taxpayers have standing to challenge general clauses?

Normally they dont but when they violate THE ESTABLISHEMENT CLAUSE.

What is the priv OR immunities clause? and does it apply to businesses?

Priv or immunities is when one state discriminates against citizens of another state. (ALWAYS PICK RIGHT TO TRAVEL)
Corps are not applied to this.

What is the Priv AND Immunities? Are corporations or aliens applicable to this?

State or Municipality may not deny CITIZENS OF OTHER STATES the privileges and immunities it affords its own citizens
EX: Cant require residency for licensing as attorney.

Does 11A (Soverign immunity) prevent suits against CITYS or police departments?


474: What does the necessary and proper do?

Gives the Legislature and Fed gov right to regulate FEDERAL LANDS including Animals THAT CROSS INTO FEDERAL LAND

296: May the USSC review a state supreme court case solely on independent and adequate state ground


1948: What happens if there is a statute that eliminates SEPERATION OF POWERS but it was properly passed by APPROVAL in both houses and presentment to president

This is not allowed

438: What does Article IV Section 3 give congress Plenary Power to do what?

Govern Federal Lands