In Champion v. Ames (1903;) lottery case), the Supreme Court held that _______.
A. arranging for the interstate transportation of lottery tickets is primarily a matter for
state, not federal, regulation.
B. in evaluating the constitutionality of Congress’s use of the Commerce Power, the
Supreme Court must take into account the motives behind Congress’s actions.
C. the regulation of commerce can be motivated only by economic considerations, not
for morality purposes.
D. All of the above.
E. None of the above.
In terms of Freedom of Association, the Rehnquist Court generally _______.
A. Made it clear that government antidiscrimination interests may outweigh the
expression rights of a group
B. Made it clear that the expression rights of a group outweigh government
antidiscrimination interests
C. made it clear that the government may always regulate freedom of association
D. made it clear that the government may never regulate freedom of association
U.S. v Windsor _______.
A. Struck the Defense of Marriage Act
B. Upheld the Defense of Marriage Act
C. Dismissed the case for lack of jurisdiction
In Wisconsin v. Yoder the Court ruled that _______.
A. Amish children must attend school after the eighth grade
B. Amish children cannot be compelled to attend school after the eighth grade
C. Amish children must attend school after the twelfth grade
D. Amish children cannot be compelled to attend school after the twelfth grade
Reproductive law is one of the most controversial issues addressed by the Court. First,
explain the significance of Roe v Wade. Next, explain how the doctrine set out in this
case allowed the Court until the early 1980s to rule that most standards regulating
abortion were unconstitutional. Then discuss how and why the Court changed its views
on abortion in the 1980s. Finally, explicate how the decision in Casey affected what
standards were acceptable regulations and which were not. Within this answer you
should draw distinctions between the different standards proposed to deal with abortion
rights. Also, explain the significance of O”Connor’s dissent in Akron.
Answer:*A. Varies
In Re Neagle (1890; dispute involving a possible attempt on Justice Field’s life)
generally supported _______.
A. an expansive view of the president’s power to see that the laws are faithfully
executed.
B. a restrictive view of the president’s power to see that the laws are faithfully executed.
C. ending the justices’ obligation to ride circuit.
D. the decision of California authorities to prosecute Neagle on attempted murder
charges.
Explain what is meant by the term “substantive due process.”
Answer:*A. Varies
Morrison, Lopez, and Jones all indicate _______.
A. That the Rehnquist Court agreed with the decisions in Wickard and Darby
B. That the Rehnquist Court did not think the commerce clause gave Congress a blank
check to regulate any activity that might be construed as commerce
C. That the Court would now stop all regulations under the commerce clause
D. All of the above.
An activist Supreme Court justice is likely to _______.
A. Uphold state legislation
B. Strike down federal legislation
C. Strike down state legislation
D. Uphold federal legislation
E. A and D
F. B and C
G. None of the above.
How does the clear and probable danger test differ from the clear and present danger
test?
A. The two do not differ in any meaningful way.
B. The Clear and present danger test requires danger to be proximate.
C. The Clear and probable danger test does not require danger to be proximate.
D. Both B and C.
Discuss three legal victories Jehovah’s witnesses have won at the U.S. Supreme Court.
Answer:*A. Varies
In Miller the Court set which standard for determining the value of a work?
A. It is utterly without redeeming social importance.
B. It lacks serious literary, artistic, political, or scientific value.
C. It possesses redeeming social importance.
D. It possesses serious literary, artistic, political, or scientific value.
Give two examples of justiciability standards that a case must meet in order for the
Court to decide it.
Answer:*A. Varies
Why should the U.S. Supreme Court pay attention to the preferences of the president?
A. The president enforces the decisions the Court makes.
B. The president can yell at the justices during the State of the Union address.
C. The president can veto decisions he does not like.
D. None of the above.
Why has the Court had a difficult time setting libel standards?
A. Prior to 1964 libel it was an undeveloped area of law.
B. Libel is a difficult legal concept.
C. Libel is not a legal concept, so courts do not have the ability to decide these cases.
D. All of the above.
Who is second in line to assume the presidency in the event of a president’s death,
resignation, or disability?
A. The Vice-President
B. The first lady
C. The Speaker of the House
D. The president pro -tempore of the Senate
In Tinker v. Des Moines the Court held that _______.
A. students shed their constitutional right to free speech at school
B. students do not shed their constitutional right to free speech at school
C. teachers shed their constitutional right to free speech at school
D. teachers do not shed their constitutional right to free speech at school
E. A and C
F. B and D
The Court has consistently held that the free exercise of religion is a fundamental right.
However, as with the Establishment Clause, the Court has not given a definitive answer
as to what should be protected religious practices, and what should not be protected. In
Cantwell the Court grounded its decision in a standard of government neutrality, but
this standard did not remain good law for long. Instead, the Court changed its standard
to one that restricts the state’s ability to interfere with the right to free exercise of
religion. Explain this standard, as well as how the Court applied it for several decades.
From there, discuss the downfall of this standard, and what replaced it during the
Rehnquist era. In short, discuss the evolution of the different standards used by the
Court, from Cantwell through Smith. Finally, make an argument for where you believe
Free Exercise doctrine is headed in light of the most recent cases we have read in this
area, and considering the makeup of the current Court.
Answer:*A. Varies
In substantive due process cases, the “Four Horsemen” (Justices McReynolds, Butler,
Sutherland, and Van Devanter) _______.
A. provided a solid bloc of votes for upholding state regulation of business because
such regulation did not involve the federal government intruding on the rights of the
states
B. did not form a unified bloc as like they did in the Commerce Clause cases
C. provided a solid bloc of votes against state regulation of business in much the same
way that they stood unified against federal regulation of business in key Commerce
Clause cases
In National League of Cities v. Usery (1976) the Court considered the constitutionality
of the 1974 amendments to the Fair Labor Standards Act that extended the act’s
minimum wage and maximum hours provisions to the states and their political
subdivisions. The Court held that Congress exceeded its authority in attempting to
regulate the wages and hours of state and local government employees.
A. True, but National League of Cities was overruled by Garcia v. San Antonio
Metropolitan Transit Authority (1985).
B. True, and National League of Cities was reaffirmed by Garcia v. San Antonio
Metropolitan Transit Authority (1985).
C. False, but National League of Cities was overruled by Garcia v. San Antonio
Metropolitan Transit Authority (1985).
D. False, and National League of Cities was reaffirmed by Garcia v. San Antonio
Metropolitan Transit Authority (1985).
Substantive due process draws on what key word in the Fourteenth Amendment?
A. Liberty
B. Freedom
C. Substance
D. Procedural
In Lochner v. New York, the Court relied on what doctrine in its decision?
A. Rational basis
B. Substantive due process
C. Strict scrutiny
D. Undue burden
Potter Stewart noted that he did not know how to define obscenity but he knew it when
he saw it. The Court since then has obviously taken a different view, and has tried to
define what is obscene and what is not. Trace the history of obscenity standards as they
changed from Roth to Miller. Along with explaining how overall doctrine changed
between these cases, you should look at several particular issues. First, explain the
specific changes in the definition of obscenity. Second, consider the evolution of what a
“community” is according to the Court. Third, discuss the evolution of who must be
affected in order for a work to be considered obscene (i.e., children, adults, specific
groups, and so on). Finally, explain the distinction between the obscenity standards of a
work being “utterly without redeeming social value” and a work lacking any “serious
artistic, political, or scientific value.”
Answer:A. Varies
Pollock v. Farmers’ Loan & Trust (challenge to the federal income tax act of 1894)
came before the Supreme Court on two occasions. Taking both decisions into account,
which of the following actions did the Supreme Court not take?
A. It ruled that a tax on the income from land was essentially the same as a tax on land
itself.
B. It ruled that taxing the income from state and municipal bonds was an
unconstitutional encroachment on the state’s power to borrow money.
C. It struck down the entire income tax law.
D. It held that a tax on land (or a tax on the income from land) was a direct tax, and to
be valid it must be apportioned on the basis of population.
E. None of the above. Each of the above statements describes an action the Court did
take.
Lawrence v. Texas overruled what previous decision?
A. Stanley v. Georgia
B. Bowers v. Hardwick
C. Griswold v. Connecticut
D. Katz v. United States
Who provided the crucial vote known as the “switch in time”?
A. Justice McReynolds
B. Justice Sutherland
C. Justice Van Devanter
D. Justice Butler
E. Justice Roberts
Explain the difference between the Valid Secular Policy Test and the Compelling
interest test.
Answer:*A. Varies
In Zelman v. Simmons-Harris the Court upheld _______.
A. The Cleveland school voucher program
B. The Cleveland open school program
C. The Cleveland free lunch program
D. None of the above
Identify one kind of case and one type of litigant that Article III designates as falling
under the Supreme Court’s original jurisdiction.
Answer:*A. Varies
At 1:15 p.m. on Friday, August 15, 2013, a small tornado touched down just outside
Springfield, Minnesota. The tornado caused substantial property damage, injured scores
of people, and resulted in ten fatalities. The following Sunday, Adrian Peterson, a local
high school teacher, tweeted: “Every day at 1:15 p.m., until the town is fully recovered,
everyone in Springfield should tweet #prayingforthevictims.”
In the past, Peterson had used Twitter extensively to communicate with students about
their assignments and other school announcements. As a result, many of Peterson’s
students follow him on Twitter. At 1:15 p.m. on Monday Peterson and fifteen of his
students tweeted “#prayingforthevictims.” That afternoon, the Springfield High School
Morning Prayer Group (MPG), an official school student group, launched an Internet
campaign to convince other students to participate in the daily Twitter prayers. Each
day that week, at the specified time, an increasing number of high school students
tweeted “#prayingforthevictims.”
In addition, MPG collaborated with the Muslim Student Association, the Mormon Faith
Club, the Jewish Student Union, and the Springfield High Humanists to organize an
official prayer event to be held one -week after the day of the tornado. The event called
for all students to dress in black and to simultaneously stop what they are doing at 1:15
p.m., take a moment of silence, bow their heads, and tweet “#prayingforthevictims.”
Peterson, who had been re-tweeting that message all week, participated in the silent
tweet-prayer but did not assist in coordinating it. The school’s official Twitter feed also
used the “prayingforthevictims” hashtag on Friday, but the school administration was
similarly uninvolved in the event planning.
Kevin Love, an 18 eighteen-year-old senior at Springfield High and an outspoken
atheist, did not participate in any of the Twitter prayers. He filed suit against Peterson
and the school in federal district court, claiming the defendants’ participation in, and
support of, the Twitter prayers violated the Establishment Clause of the First
Amendment. He asked the court to enjoin the school and its teachers from sending any
more religiously motivated tweets. He also asked the court to require that the school
institute a policy banning the use of social networking sites during school hours by
students for religious purposes. The district court ruled for Love, and the Eighth Circuit
Court affirmed that decision. Peterson and the school appealed to the Supreme Court,
arguing that the tweets were nonsectarian and completely voluntary, and that the tweets
sent by Peterson and the school did not amount to an endorsement of religion. They
further argued that the injunction would prohibit the teachers’ and students’ free exercise
of religion and freedom of speech in violation of the First Amendment.
You are the “swing” justice on the U.S. Supreme Court for this case. Four justices side
with the school and Peterson; four others want to rule for Love. Your vote, therefore,
will make the majority in either direction, and you are designated to write the majority
opinion. Your goal is to craft a plausible, persuasive, and realistic majority opinion in
this case. Be sure to cite cases from class to support your position. There is no right
answer, but all your arguments must be logical and supported with case law. Be specific
about what actions are or are not constitutional.
Answer:*A. Varies
In Baker v. Carr (1962; Tennessee reapportionment case) the Supreme Court _______.
A. held that reapportionment issues are political questions that cannot be decided by the
Supreme Court
B. held that reapportionment disputes may involve constitutional rights questions that
the federal courts have jurisdiction to hear
C. held that legislative districts must be constructed so that they are equal in terms of
population
D. held that the residents of large districts lacked the proper standing to sue in order to
challenge the state legislative districting law
Which of the following at is an example of a content-neutral regulation? _______
A. Strikers may not picket against a specific company.
B. Strikers may picket only when the government approves of their signs.
C. Strikers may not picket in residential areas between 10:00 p.m. and 7:00 a.m.
D. There is no such thing as a content-neutral regulation.
Lemon v. Kurtzman (1971) provides the Supreme Court with one of its most famous
“three-pronged tests.” Since this case, however, the Court has not used the Lemon test
consistently, and the justices have not reached consensus on a definitive standard by
which to adjudicate religious Establishment Clause cases. First, explain the three prongs
of the Lemon test and note from which cases each originated. Then, using cases from
class, explain how the Court uses this test to judge Establishment Clause cases. Next,
either defend this test as an appropriate standard, or argue that another test would be
better (one that you have thought of, or one that another justice supports). Be sure to
cite those cases that support your argument and the rationale within them that is
relevant. Finally, explain why other tests are not as good as the one you support, and
why the cases that support these other tests should not be considered relevant.
Answer:*A. Varies
Which of the following statements is not true?
A. Statements made without Miranda warnings may be used for counteracting perjury.
B. Miranda warnings are required even when a suspect is unaware that he or she is
speaking to a law enforcement official.
C. When there is danger to public safety, the police may question to remove the danger
prior to reading Miranda warnings.
D. Even if police enter a home illegally to make an arrest, they can still obtain a valid
confession if a suspect is read his or /her Miranda rights.
Explain why, in light of Tinker, the Court was willing to allow the school to suspend
students for holding the “BONG HiTS 4 JESUS” banner in Morse v. Fredrick?
Answer:
*A. Varies
What rationale did Chief Justice Roberts use to justify striking down Sections 4 and 5
of the Voting Rights Act in Shelby County?
Answer:
*A. Varies
While Marbury v. Madison (1803) firmly established the power of federal courts to
exert judicial review, John Marshall’s ruling did not put an end to controversies
surrounding the practice. Among the most interesting of these debates concerns the
allegedly antidemocratic nature of judicial review: Why should the Supreme Court (full
of unelected officials) be able to strike down laws passed by legislatures (institutions
full of elected officials, whose policies presumably represent the wishes of the people)?
Or, worse yet, why is the Court able to strike down state initiatives enacted by a
majority of voters?
These questions took on particular importance during the debate over term limits during
the 1990s. Indeed, Justice Thomas’s dissent in U.S. Term Limits v. Thornton (1995)
poked fun at the antidemocratic nature of the majority opinion: “It is ironic that the
Court bases today’s decision on the right of the people to “choose whom they please to
govern them. . . .” The majority defends [this right] by invalidating a provision that won
nearly 60% of the votes cast in a direct election and that carried every congressional
district in the State.” How might you respond to Justice Thomas?
The Court seemed to reverse itself in the two years between Watkins v. United States
(1957) and Barenblatt v. United States (1959). What might explain the Court’s change
of opinion in such a short period of time?
Answer:
*A. Varies
What rationale did the Court use to support its ruling in Gobitis?
Answer:
*A. Varies
In McCray v. United States (1904) the Court held that the justices should not consider
the motivations behind a federal tax law in considering the law’s constitutionality, but in
Bailey v. Drexel Furniture (1922) the Court held that congressional motivations were a
relevant factor in such decisions. Which of these two rulings better represents the
current state of the law on this question?
A. McCray v. United States.
B. Bailey v. Drexel Furniture.
Discuss the Court’s opinion in McGrain v. Daugherty (1927). How did it alter
Congress’s power to investigate scandals like Teapot Dome?
Answer:
*A. Varies
In the case of Scott v. Sandford (1857), how did the Court rule with respect to the
following: Did Dred Scott become a free man because he spent a portion of his life in a
free state? Was the Missouri Compromise constitutionally valid? Did Scott have the
legal right to take his case to federal court?
Answer:
*A. Varies
Does public opinion affect the Supreme Court even though the justices are not elected?
If so, is the effect a direct one or is it indirect?Explain.
Answer:
*A. Varies
What constitutes a taking, according to United .States. v. Causby?
Answer:
*A. Varies
In March 1937 President Franklin Roosevelt proposed legislation to reform the federal
judiciary. In that proposed statute, what specific changes did Roosevelt recommend for
the U.S. Supreme Court?
Answer:
*A. Varies
John Marshall’s decision in McCulloch v. Maryland (1819; national bank case) with
respect to the powers of Congress is more closely related to the position articulated by
which the following?
A. Thomas Jefferson
B. Alexander Hamilton
Why were the Slaughterhouse Cases noteworthy when the Court decided them?
Answer:
*A. Varies
What limits does the War Powers Act place on the president’s ability to engage in
military action?
Answer:
*A. Varies
What rationale did Justice Scalia use to justify the Court’s decision in Printz v. United.
States? How did dissenters respond to this justification?
Answer:
*A. Varies