Justiciability
Justiciability Constitutional Law Constitutional Law Justiciability Complete Constitutional Law List Constitutional LawThis topic appears in the UBE 2026 Rules Library master list under Constitutional Law.JusticiabilityU...
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Separation of Powers / Judicial Review and Justiciability
Constitutional Law Judicial Review and Justiciability Separation of Powers Separation of Powers / Judicial Review and Justiciability Separation of Powers Judicial Review and Justiciability Separation of Powers / Judicial...
A newspaper challenged a state campaign-finance disclosure law in state court. The state supreme court rejected the n...
...d, in a separate section, that the newspaper would lose under a state constitutional provision that the court expressly interpreted as independent of federal law and adequate by itself to support the judgment. The newspa...
Citations: U.S. Const. art. III, sec. 2, Michigan v. Long
A senator sent a letter asking a federal district court to declare whether a proposed bill would be constitutional be...
...a federal district court to declare whether a proposed bill would be constitutional before Congress votes on it. In a separate action, a medical-device manufacturer sued for a declaratory judgment after a federal agency...
Citations: U.S. Const. art. III, sec. 2, Muskrat v. United States, Aetna Life Insurance Co. v. Haworth
Congress asked the Supreme Court to issue a formal opinion advising whether a proposed bill would be constitutional b...
...t to issue a formal opinion advising whether a proposed bill would be constitutional before Congress votes on it. Separately, a company filed a declaratory judgment action after a federal agency sent a final warning lett...
Citations: U.S. Const. art. III, Marbury v. Madison, Muskrat v. United States, Michigan v. Long, Ex parte McCardle, United States v. Klein
Four lawsuits reach federal court. In the first, voters allege that their state government is not "republican" becaus...
Four lawsuits reach federal court. In the first, voters allege that their state government is not "republican" because the legislature allows statewide initiatives to override statutes. In the second, a federal judge rem...
Citations: U.S. Const. art. III, sec. 2, Baker v. Carr, Luther v. Borden, Nixon v. United States, Rucho v. Common Cause, Japan Whaling Association v. American Cetacean Society
State A enacted a law requiring online political advertisers to file donor reports within 24 hours after any ad is po...
State A enacted a law requiring online political advertisers to file donor reports within 24 hours after any ad is posted. Violations carry civil penalties. A small advocacy group planned to run ads next month, but sued...
Citations: U.S. Const. art. III, sec. 2, Abbott Laboratories v. Gardner, Susan B. Anthony List v. Driehaus, Friends of the Earth, Inc. v. Laidlaw Environmental Services, Inc., Southern Pacific Terminal Co. v. ICC, Roe v. Wade
The Federal Energy Agency issued a permit allowing a private company to build a transmission line through a national...
...lives 1,500 miles away alleges that all citizens have an interest in lawful agency procedure. Third, Forest Watch, a nonprofit with 2,000 members, alleges that several named members use the affected trail and asks for a...
Citations: U.S. Const. art. III, sec. 2, Lujan v. Defenders of Wildlife, Friends of the Earth, Inc. v. Laidlaw Environmental Services, Inc., Hunt v. Washington State Apple Advertising Commission, Summers v. Earth Island Institute
A city ordinance barred demonstrations near a convention center during political conventions. A protest group sued fo...
...ness. U.S. Const. art. III, sec. 2, Friends of the Earth, Inc. v. Laidlaw Environmental Services, Inc., Southern Pacific Terminal Co. v. ICC, Roe v. Wade
Citations: U.S. Const. art. III, sec. 2, Friends of the Earth, Inc. v. Laidlaw Environmental Services, Inc., Southern Pacific Terminal Co. v. ICC, Roe v. Wade
A federal agency issued a permit allowing a private company to drain wetlands next to a city park. A neighborhood ass...
...ned. The complaint also alleges that all citizens have an interest in lawful federal administration. The association seeks an injunction vacating the permit and requiring the agency to reconsider it. Which statement best...
Citations: U.S. Const. art. III, sec. 2, Lujan v. Defenders of Wildlife, Friends of the Earth, Inc. v. Laidlaw Environmental Services, Inc., Summers v. Earth Island Institute
A trade association of independent pharmacies challenged a state rule requiring pharmacies to disclose customer recor...
...State Apple Advertising Commission, Friends of the Earth, Inc. v. Laidlaw Environmental Services, Inc.
Citations: U.S. Const. art. III, sec. 2, Hunt v. Washington State Apple Advertising Commission, Friends of the Earth, Inc. v. Laidlaw Environmental Services, Inc.
A city ordinance imposes a $10,000 civil penalty on any organization that distributes anonymous campaign flyers withi...
A city ordinance imposes a $10,000 civil penalty on any organization that distributes anonymous campaign flyers within 60 days before a municipal election. A civil-rights group plans to distribute anonymous flyers cri...
Citations: U.S. Const. art. III, sec. 2, Abbott Laboratories v. Gardner, Susan B. Anthony List v. Driehaus
Congress appropriated funds for grants to private schools, including religious schools, to buy math textbooks. A fede...
...dollars supported the purchase. A bookstore sued to challenge a state law prohibiting customers under age 21 from buying certain political books, arguing that its customers' speech rights are violated. Finally, a fair-ho...
Citations: U.S. Const. art. III, sec. 2, Frothingham v. Mellon, Flast v. Cohen, Hein v. Freedom From Religion Foundation, Inc., Craig v. Boren, Havens Realty Corp. v. Coleman
Congress enacted a statute appropriating money for grants to private elementary schools, including religious schools,...
Congress enacted a statute appropriating money for grants to private elementary schools, including religious schools, to purchase science equipment. A federal taxpayer sued, alleging that the statute violates the Esta...
Citations: U.S. Const. art. III, sec. 2, Frothingham v. Mellon, Flast v. Cohen, Hein v. Freedom From Religion Foundation, Inc.
Congress enacted a statute regulating federal commissions. After the statute took effect, a newly appointed commissio...
...ion had been completed. The commissioner asks the court to decide the constitutional issue and order the officer to perform the legal duty. Which statement most accurately describes judicial review? The best answer captu...
Citations: U.S. Const. art. III, sec. 2, Marbury v. Madison
Four federal suits are filed. In the first, voters argue that their state no longer has a republican form of governme...
...ations. In the fourth, voters allege that the same districts are an unconstitutional partisan gerrymander under the federal Constitution. Which statement most accurately applies the political-question doctrine? The best...
Citations: U.S. Const. art. III, sec. 2, Baker v. Carr, Luther v. Borden, Nixon v. United States, Rucho v. Common Cause
While several appeals were pending in the Supreme Court from lower federal-court judgments against the United States,...
While several appeals were pending in the Supreme Court from lower federal-court judgments against the United States, Congress enacted a statute providing: "The Supreme Court shall have no appellate jurisdiction over...
Citations: U.S. Const. art. III, sec. 2, Ex parte McCardle, United States v. Klein, Marbury v. Madison
Ex Post Facto Laws
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Constitutional Procedure
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Constitutional Procedure / Search and Seizure
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Constitutional Procedure / Confessions and Miranda
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Constitutional Procedure / Identification and Lineups
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Constitutional Procedure / Right to Counsel and Trial Rights
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Mootness
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