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).
In January 2012 a new exhibit came to the St. Louis Art Museum. The exhibit
contained, among other things, photos of nude men and women depicted in a variety of
poses, photos of adults engaged in various sexual activities, and pictures of several nude
men standing very close to one another. Finally, there were several pictures that
resembled recent advertisements by a famous clothing designer. This last set of photos
portrayed scantily dressed teenagers who were also posed in allegedly “erotic” poses.
The City Commission on Decency reviewed the exhibit as it was being constructed in
the museum. This commission was set up in the early 1980s as a response to the
growing use of “sex in art.” It is the duty of the commission to review any potentially
obscene or indecent art exhibits that may be shown before the exhibits can be open to
the public. While the commission has the power only to review exhibits and make
recommendations to the mayor about what it believes to be obscene or indecent
material, the mayor has always followed its rulings. The decisions of the commission
are based on the Public Standards of Decency found in St. Louis Statute 4.5.7.
After a public hearing where the new exhibit was described in detail to a group of
interested citizens, the Commission on Decency made two recommendations. First, the
photographs of the adult males and the teenage children should not be a part of the
exhibit. In short, they should be taken down before the exhibit could open to the public.
Second, the commission recommended that the exhibit be open only to citizens over the
age of eighteen; even with the consent of an adult, any person under eighteen should
not be allowed to enter the special exhibit area. A seventeen-year-old senior at a local
high school sued along with the artist who created the exhibit. Both claimed their First
Amendment rights had been violated.
The case comes to the Supreme Court with a variety of issues, but with one main
question: Does St. Louis Statute 4.5.7 violate the First Amendment rights of the artist as
well as of the children who want to see the exhibit? Why or why not?
Answer:
A. Varies
For the framers the right to contract was _______.
A. closely tied to the federal government
B. closely tied to state governments
C. closely tied to the right of private property
D. none of the above
E. all of the above
After Penn Central, 1987 was a turning point for the Court’s view of the takings clause.
Provide two examples of how this change manifested itself.
Answer:*A. Varies
The main function of the Judiciary Act of 1789 was to _______.
A. establish lower federal courts
B. establish military tribunals
C. establish the Supreme Court’s original jurisdiction
D. establish how judges would be appointed to the federal bench
In Nevada Department. of Human Resources v. Hibbs, the Court changed directions in
its analysis of the Eleventh Amendment because _______.
A. the case involved gender discrimination
B. the case involved age discrimination
C. the case involved discrimination based on disabilities
D. none of the above
Which of the following statements about the applicability of the Takings Clause is true?
A. The requirements of the Takings Clause originally applied only to the federal
government, but in Barron v. Baltimore (1833) the Supreme Court ruled that the clause
also applies to the states.
B. Today the Takings Clause applies only to the actions of state and local governments
and not to the actions of the federal government.
C. The requirements of the Takings Clause originally applied only to state and local
governments, but in Chicago, Burlington & Quincy Railroad v. Chicago (1897) the
Supreme Court ruled that the clause also applies to the federal government.
D. Today the Takings Clause applies only to the actions of the federal government and
not to the actions of state and local governments.
E. None of the above.
In Train v. City of New York the Court ruled that _______.
A. The president must enforce laws enacted by the legislature even if the president
opposes them.
B. The president has full discretion to enforce laws the way he sees fit.
C. The president must consult closely with Congress on how to enforce federal laws.
D. None of the above.
According to New York Times v. Sullivan, a public official must prove _______ to
sustain a libel claim:
A. defamation
B. falsehood
C. actual malice
Which Court is known for expanding the rights of the criminally accused?
A. The Burger Court
B. The Warren Court
C. The Rehnquist Court
D. The Hughes Court
How did Congress respond to the Court’s decision in Reno?
A. It overturned the Court’s ruling.
B. It passed the Child Online Protection Act.
C. It did nothing, and agreed with the Court’s decision.
D. None of the above.
Congress began to enact federal weapons bans in the 1920s? because of _______.
A. Increases in organized crime
B. The 1929 St. Valentine’s Day massacre
C. Increases in violence during the 1920s
D. All of the above
Explain the difference between the clear and present danger test and the clear and
probable danger test.
Answer:*A. Varies
The Supreme Court has made clear that the standards for determining libel differ
between public and private people. Explain the rationale for this difference. Be sure to
use support from the cases you read in the chapter. Next, explain how the Court’s
interpretation of protection from libel has changed over time. Finally, address the issue
of why the Court protects public figures and officials differently than it protects private
citizens. Provide case examples to support your argument.
Answer:A. Varies
Explain the rationale the Court has used to determine that citizens have the right not to
speak.
Answer:*A. Varies
What reasons did the Court use to strike down the National Industrial Recovery Act in
Panama Refining Co. V. Ryan (1935), and A. L. A. Schechter Poultry Corp. v. United
States?
Answer:
*A. Varies
In what case did the Supreme Court’s majority opinion reject Roe”s trimester
framework?
A. Planned Parenthood v. Casey.
B. Akron v. Akron Center for Reproductive Health.
C. Webster v. Reproductive Health Services.
D. The trimester framework has not been rejected.
In Hammer v. Dagenhart (1918), the Supreme Court struck down the federal Child
Labor Act of 1916. What was the primary ground upon which the decision was based?
A. The law was an unconstitutional delegation of power to the executive branch.
B. North Carolina already had a child labor law that preempted federal action.
C. The authority to regulate the hours and working conditions in factories or mines was
purely a state power, and the federal government had no valid constitutional basis on
which to legislate in this area.
D. The law violated the provisions of the Eleventh Amendment.
E. None of the above. In Hammer v. Dagenhart the Court upheld the constitutionality of
the Child Labor Act.
Which of the following statements best describes the incorporation of the exclusionary
rule into the due process clause of the Fourteenth Amendment?
A. The exclusionary rule has not been incorporated.
B. The exclusionary rule was incorporated in the Weeks v. United States ruling.
C. The exclusionary rule was incorporated in the United States v. Leon ruling.
D. The exclusionary rule was incorporated in the Mapp v. Ohio ruling.
Darby and Wickard created the era where the Court _______.
A. Greatly increased the power of Congress to regulate interstate commerce
B. Severely limited the power of Congress to regulate interstate commerce
C. Simply ignored most commerce clause issues
D. None of the above.
Content-based speech regulations _______.
A. Apply to all speech and does not discriminate
B. Apply to some speech based on subject matter or the message conveyed
C. Apply only in discrimination cases
D. Apply only in political protest cases
In what way did the Rehnquist Court indicate it would not fully expand the right to sue
for an improper taking?
A. It allowed cities to stop renovations of historic landmarks.
B. It allowed cities to place moratoriums on building to determine environmental
impacts.
C. It allowed cities to run cable through all public housing.
D. It allowed cities to change flight patterns without compensation.
Buckley v. Valeo set the general standard that _______.
A. The government may limit campaign contributions but not spending
B. The government may limit campaign spending but not contributions
C. The government may regulate both campaign spending and contributions
Which of the following characteristics makes an affirmative action or minority set-aside
program less likely to be found constitutional?
A. It is narrowly tailored to achieve a compelling government interest.
B. It is designed to assist any minority group, whether or not the group has been the
victim of illegal discrimination.
C. It is imposed by a federal court as a remedy for demonstrated constitutional
violations.
D. It avoids the use of quotas.
Intrastate commerce is commerce that takes place _______.
A. Among one or f more states only
B. Between two states only
C. Within one state only
D. Within one region only
Gideon v. Wainwright overruled the Supreme Court’s decision in what previous case?
A. Powell v. Alabama
B. Argersinger v. Hamlin
C. Johnson v. Zerbst
D. Betts v. Brady
In Swift & Company v. United States (1905) and Stafford v. Wallace (1922) the
Supreme Court ruled that federal efforts to regulate cattle stockyards as well as
stockyard dealers and commission men were valid under _______.
A. the Shreveport doctrine
B. the stream of commerce doctrine
C. the Lopez doctrine
D. the commercial intercourse doctrine
E. the doctrine of selective exclusiveness
Which statement best describes the Supreme Court’s decisions in cases involving state
funding of abortions?
A. The Court has consistently ruled that states must fund abortions in the first trimester
if the mother cannot afford it.
B. The Court has consistently ruled that states have no obligations to fund abortions.
C. The Court originally ruled states must fund abortions, but has since overruled its past
decision.
D. The Court has yet to hear a case involving funding restrictions on abortions.
Which of the following is an inherent power held by Congress?
A. The power to create a national bank.
B. The power to conduct foreign policy.
C. The power to coin money.
D. The power to enact tariffs.
E. The power to raise armies.
F. The power of judicial review.
Contrast the different readings of Stanley v. Georgia in the majority and dissenting
opinions of Bowers v. Hardwick.
Answer:*A. Varies
In Griswold v. Connecticut (1965), the concept of substantive due process was has been
applied to _______.
A. the right to privacy
B. the right to religious freedom
C. the right to education
D. the right to freedom of speech
Why does the Court normally accept so few cases under its original jurisdiction?
A. It sends most of these cases back to the lower Courts for an initial ruling.
B. Original jurisdiction cases are too difficult to decide.
C. Too few original jurisdiction cases are brought to the Court.
D. It sends most of these cases to the original jurisdiction court of justice.
When it comes to content regulation, _______.
A. The Court has shown great tolerance for government regulations
B. The Court has ignored government regulations
C. The Court has shown little tolerance for government regulations
In Bush v. Gore, what justification did the majority opinion give for overruling the
Florida Supreme Court and halting the recount?
Answer:
*A. Varies
Why did the plurality in Hamdan rule against the government?
Answer:
*A. Varies
Using examples of Court eras and cases decided, explain the differences between dual
and cooperative federalism. Which view of federalism do you find most appealing?
Why?
Answer:
*A. Varies
Describe how the Court’s jurisprudence in voting rights cases has changed over time.
Rather than simply provide a chronological explanation of these cases, be sure to
provide an analysis of the major cases in this area and how they fit with one another
(for example, was a past case overruled or upheld, and why?). Then explain the Court’s
current stance in this area of the law, including an analysis of how Bush v. Gore fits
with existing voting rights precedents. Finally, based on the makeup of the Court today,
how do you see the Court deciding voting rights cases in the near future and why?
Answer:
*A. Varies
Since the late 1980s, policy makers have debated the question of how society should
deal with the problem of women’s substance abuse during pregnancy. No state had
criminalized drug use during pregnancy until Westphalia (in the western United States)
passed H.R. 2490, which specifically made alcohol or drug use during pregnancy,
including the use of prescribed narcotics, a criminal offense. The law specifically
equated ingestion of any controlled substances (legal or illegal) with child abuse.
Wilma Rubble was a Gulf War Veteran who was awarded the Purple Heart after being
injured in combat. She recovered but had been on Percocet since 2005 for ongoing pain
from her combat injury. When she found out she was pregnant her doctor informed her
that H.R. 2490 prohibited him from refilling any more Percocet prescriptions for her.
She then found a new primary care doctor who was willing to treat her pain with
another narcotic that was known to have fewer side effects. However, she and the
doctor were turned in to the police by a lab tech who had analyzed blood drawn from
Rubble during Rubble’s eighteenth week of her pregnancy. The tech found evidence of
narcotic use during the blood analysis. Rubble was charged under the state criminal
statute and was convicted of child abuse, which carried a maximum sentence of
twenty-six months in jail. She appealed to the state Supreme Court, arguing that her
right to privacy specifically allows her to take any medication legal under state law. The
high court disagreed and upheld her conviction. The majority argued that the state has
an interest in protecting the life of a fetus.
Rubble has appealed to the U.S. Supreme Court. She argues that life does not begin
until birth and that her right to privacy outweighs the state’s interest in protecting the
unborn fetus. As a justice on the Court, how would you decide this case? Use the
privacy cases you have read in class to justify your answer.
Answer:*A. Varies
What rationale did Harlan provide to support the right to privacy in his Ullman dissent?
Why do some scholars consider this dissent so important?
Answer:
*A. Varies
What provision of the Low-Level Radioactive Waste Policy Act of 1980 did the Court
find constitutionally invalid in the case of New York v. United States (1992)? Why did
that provision violate the Constitution?
Answer:
*A. Varies
What was meant by the term “dormant commerce clause” (sometimes called the
“negative commerce clause”)?
Answer:
*A. Varies
Describe three exceptions to the warrant requirement. What is the ultimate key to the
Fourth Amendment, according to Chief Justice John Roberts?
Answer:
*A. Varies
How did the Court’s conceptualization of the Contract Clause change when John
Marshall left the Court and Roger Taney took it over? Was this it a major change, or
was the analysis forwarded by Taney simply a more nuanced view of the role of the
Contract Clause?
Answer:
*A. Varies
What term refers to the government’s power to take private property for a public
purpose?
Answer:
*A. Varies
In Clinton v. City of New York (1998), what did the Court find constitutionally
defective about the Line Item Veto Act?
Answer:
*A. Varies
What are the three levels of presidential power, according to Justice Jackson in
Youngstown Sheet & Tube?
Answer:
*A. Varies
How has the Supreme Court’s definition of religion evolved throughout the Court’s
history of deciding First Amendment cases? Be sure to cite specific cases to explain
how the evolution has taken place. Which definition do you think is most appropriate?
Why?
Answer:
*A. Varies
Under what conditions has the Court been willing to allow content in the press to be
restricted? Does the form of the media matter? How has the Court dealt with cases
involving special rights for the media? Has the Court been willing to recognize that
reporters enjoy greater freedoms than others?
Answer:
A. Varies
Within the city of Westphalia only one development of one hundred homes is left
without city water and sewers. In an effort to better the city, the mayor and council pass
an ordinance that all homes must be on city water and sewer systems within three years.
According to Westphalia’s laws, the city will pay for the construction, pipes, and
connections on public property. However, residents who are hooked up to the city water
system must pay for connection and installation once the pipes reach their property. The
residents in the final development do not want city water, as they live above an
underground aquifer that provides excellent well water. They also do not want to pay
the estimated $5,000 to $7,500 that it will cost per home to make the connections. To
stop the new law, the residents file suit in federal court claiming that forcing them to dig
up their yards and add unwanted pipes and water to their properties constitutes a taking
within the meaning of the Fifth Amendment. If you were a justice on the Supreme
Court in 2005, how would you decide this case?
Answer:
*A. Varies