Category 1
What is another name for the necessary and proper clause?
The elastic clause!
What is Alden's favorite holiday? (Yes, there is one correct answer. No, you will not get partial credit)
Easter!
This portion of the Bill of Rights reserves most powers that are not federal to the states:
The Tenth Amendment!
Between Lopez and McCulloch, which court cases dealt with enumerated powers?
Lopez! (interstate commerce- commerce clause!)
In addition to enumerated federal powers, which other two have we discussed?
Implied, inherent!
What are examples of reserved state powers?
Education, elections, licensing, marriage, policing, morality, health, medicaid
True or False: Alden has allergies (non-seasonal)
True! I am allergic to dust and whiteboard markers!
Which portion of the US Constitution did McCulloch v. MD court consult to expand federal power?
The Necessary and Proper clause!
Provide an example of a concurrent power
Taxation, infrastructure (highways), policing,
For a crime to have federal jurisdiction, the person committing the crime must cross state lines.
FALSE
The US Constitution developed from the ___________, which constrained the power of the Federal Government.
The Articles of Confederation!
When McCulloch appeals to the CIRCUIT COURT, they uphold the DISTRICT COURT'S ruling. What other word (verb) did we use to describe this action?
They AFFIRMED the lower court's ruling
True or False: creating the IRS to collect tax revenue is an enumerated Federal Power
FALSE! This is an implied power.
How many bones has Alden broken?
Knock on wood, zero!
All FEDERAL Offenses are classified as felony offenses
FALSE
Alden is transporting a very large amount of an illegal class I substance throughout NH. He has not crossed state lines with the substance but is pulled over by a town sheriff. FEDERAL JURISDICTION?
Yes!
Which arguments did the FEDERAL GOVERNMENT make in Lopez to justify its legislation?
Two args:
- people won't travel to dangerous area
- lower quality education: lesser economic productivity
True or False: you are pulled over during a routine traffic stop. The officer, after asking for your insurance, instructs you to step out of the vehicle. You must only step out of the vehicle if the officer has gone from reasonable suspicion to probable cause for the stop.
FALSE! If an officer instructs you to exit your vehicle, you MUST COMPLY.
The word Jurisdiction comes from iuris dictio, meaning "ius" (law or right) and "dictio" (a saying). Following this, how would one translate jurisprudence? Juris is ius, or law or right, and prudence comes from prudentia, meaning knowledge or a foreseeing.
The systematic knowledge of law! (thus why the degree Juris Doctor is referred to as a Doctor or Laws occasionally)
Alden brings an individual use amount of a schedule I illegal substance onto an airplane departing Logan airport. He is caught before the plane leaves state ground. FEDERAL JURISDICTION?
YES!
In McCulloch, how did the US Supreme Court interpret the word "necessary" in the N and P clause? (I am looking specifically for two exact words)
Appropriate and legitimate!
True or False: in determining whether an individual is engaged in distribution, trafficking or manufacturing, cops may use evidence IN ADDITION to the amount of the drug to prove intent to distribute or sell.
TRUE! Yes, cops can use a bunch of small bills, or a bunch of small empty bags, scales, etc. to prove intent!
True or false: you and a friend co-sign a lease for an apartment. Your friend meets a Mermaid and decides to marry the mermaid and move out of the apartment. Because you are co-signers, you are legally responsible for half the rent amount each month.
False! As a co-signer, you have an equal interest in the property and are therefore liable for the ENTIRE RENT AMOUNT OWED!
FALSE! The state RETAINS its state criminal law jurisdiction IN ADDITION to Federal Jurisdiction! (If feds don't prosecute, state could under state trafficking/ distribution laws!)
What was Alden's undergraduate major? (area of study?)
Religious Studies/ Theology/ Religion!