Match the term listed in Column 1 to its description in Column 2.
A) a governmental policy barring a particular form of expression at any time or place or
in any manner
B) a test used by the Court to interpret and apply the Free Speech Clause, which allows
government to predetermine and ban types of speech that may have a tendency to bring
about harm, regardless of whether the speech, in actuality, poses a clear and present
danger
C) a phrase used in some free speech cases to describe the type of environment the First
Amendment fosters for individuals to sell, purchase, and evaluate different ideas
through speech
D) a term used to require the government not to favor one side or another within a given
subject matter of speech
E) individual or isolated interests that can destroy or substantially impair government if
they are allowed to override the common good
F) places that are not historically associated with the exercise of First Amendment
rights. Such locations may include military bases, jails, and certain interior portions of
public buildings
G) a government restriction on speech that restricts speech but allows the expression in
certain given contexts
9. factions
10. marketplace of ideas
11. nonpublic forums
12. viewpoint neutrality
13. time, place, and manner restriction
14. bad tendency test
15. ban on speech
Answer:
What name is given to certain forms of state legislation designed to protect news
reporters from revealing the identity of their confidential news sources?
A) reporter shield laws
B) confidentiality statutes
C) first amendment enhancement statutes
D) confidential source protection laws
Answer:
Which case invalidated the federal Gun Free School Zone’s Act?
A) U.S. v. Lopez
B) Wickard v. Filburn
C) U.S. v. Morrison
D) Gonzalez v. Raich
Answer:
A law that regulates more speech than is necessary to accomplish a government
objective will most likely violate which doctrine?
A) vagueness
B) clear and present danger
C) bad tendency
D) overbreadth
Answer:
In which U.S. Supreme Court case did the court upheld a delegation to administrative
officers to recover “excessive profits” when renegotiating contracts involving war
goods.?
A) Touby v. United States
B) Gomez v. United States
C) Lichter v. United States
D) Schechter Poultry Corp. v. United States
Answer:
Each of the following cases involves a dispute over the “takings clause” EXCEPT:
A) Pennsylvania Coal Co. v. Mahon.
B) Agins v. Tiburon.
C) Nollan v. California Coastal Commission.
D) Fletcher v. Peck.
Answer:
Which article under the U.S. Constitution sets forth the powers of Congress?
A) Article I
B) Article II
C) Article III
D) Article IV
Answer:
Match the term listed in Column 1 to its description in Column 2.
A) a person who supports a strong, centralized government
B) a legislative act that inflicts capital punishment upon named persons without a
judicial trial
C) a right existing under natural law, independent of manmade law
D) four federal laws enacted in 1798 in anticipation of war with France that required
alien registration, empowered the president to deport all aliens from nations that were at
war with the United States
E) a law making a person criminally liable for an act that was not criminal at the time it
was committed
F) a person who opposes establishment of a strong, centralized government in favor of
local control
G) principle that all people and the government itself are obliged to follow legitimately
enacted and fairly enforced laws
H) the power of the judiciary, as the final interpreter of the law, to declare an act of a
coordinate governmental branch of state unconstitutional
I) a writ whose purpose is to obtain immediate relief from illegal imprisonment by
having the “body” (i.e., the prisoner) delivered from custody and brought before that
court
J) the concept that there exists, independent of manmade law, a law laid down by God
or by nature, which human society must observe in order to be happy and at peace
1. ex post facto law
2. rule of law
3. anti-Federalist
4. habeas corpus
5. bill of attainder
6. Federalist
7. natural law
8. judicial review
9. natural right
10. Alien and Sedition Acts
Answer:
Who has the power to confirm federal court judges nominated by the President?
A) House
B) Senate
C) both the House and the Senate
D) State Legislatures
Answer:
Is the federal government obligated to avoid denying persons the equal protection of the
law? Why or why not?
A) No, because the equal protection clause only applies to the states
B) Yes, because it’s the right thing to do
C) No, because the federal government does not have a history of discrimination
D) Yes, because the Fifth Amendment Due Process Clause contains this obligation
Answer:
Which theory of individual rights is reflected in the Declaration of Independence
provision stating that “all men . . . are endowed by their Creator with certain
unalienable Rights?”
A) Natural Rights Theory
B) Compact Theory
C) Creationism Theory
D) Theory of Alienability
Answer:
In United States v. Virginia, who wrote the majority opinion to describe the type of
interest the State would have to demonstrate in order to uphold its form of
discrimination?
A) O’Connor
B) Breyer
C) Thomas
D) Ginsburg
Answer:
Which of the following is NOT a factor used by the Court to determine whether a
congressional delegation of judicial authority to an administrative agency is
constitutional?
A) The origins and importance of the right(s) to be adjudicated.
B) The extent to which the essential attributes of judicial power are reserved to Article
III judges.
C) The amount in controversy.
D) The reasons Congress chose to vest the adjudicatory power in an administrative
officer or tribunal.
Answer:
Which case allowed Congress to prosecute marijuana crimes even when a state has a
law allowing for the medicinal use of this drug?
A) U.S. v. Lopez
B) Wickard v. Filburn
C) U.S. v. Morrison
D) Gonzalez v. Raich
Answer:
Under the leadership of which of the following Chief Justices did the Supreme Court
render many decisions advancing civil liberties, especially in the criminal context?
A) Jay
B) Marshall
C) Warren
D) Rehnquist
Answer:
Prior to 1954, if a state wanted to enact a program that separated individuals based on
their race, but still provide both sets of persons equal services, what would the
government have to demonstrate for this program to be deemed constitutional?
A) it was rationally related to a legitimate governmental interest
B) it was necessary to promote a compelling governmental interest
C) there was only minimal state action involved
D) it was substantially related to an important governmental interest
Answer:
The power of judicial review extends to:
A) Congressional action.
B) Executive action.
C) State action.
D) All of the above
Answer:
If a state court decides a case on independent and adequate state ground, the Supreme
Court:
A) will not review the federal issues.
B) will review the federal issues if parallel to the state issues.
C) will review all federal issues.
D) will review the state issues.
Answer:
Executive Impoundment refers to:
A) an executive branch official’s seizure of personal property.
B) an executive branch official’s refusal to spend appropriated money.
C) an executive branch official’s refusal to obey a President’s directive.
D) all of the above.
Answer:
A statute that gives the government the power to enforce other legislation or that carries
out a provision of a constitution is called a(n):
A) enabling act.
B) Act of Authority.
C) delegation of authority.
D) vesting.
Answer:
Which of the following was NOT used to discuss the evolution of constitutional
standards for reviewing sex-based discrimination?
A) Bowers v. Hardwick
B) Muller v. Oregon
C) Bradwell v. Illinois
D) Reed v. Reed
Answer:
In ________, the Supreme Court ruled that a prosecutor could not use race as a basis for
excluding jurors during voir dire.
A) Furman v. Georgia
B) Batson v. Kentucky
C) Gregg v. Georgia
D) Booth v. Maryland
Answer:
Statutes passed by Congress are found in the:
A) U.S. Code.
B) Federal Register.
C) U.S. Statutes.
D) Book of laws.
Answer:
The constitutional guarantee that “No state shall … deny any person within its
jurisdiction the equal protection of the laws” is found in the ________ Amendment.
Answer:
If a suit is filed before a harm has occurred or before the threat of harm is imminent, the
case is said to be ________.
Answer:
In Citizens United v. Federal Election Commission (2010), the U.S. Supreme Court
held that political spending is protected under the First Amendment, meaning
corporations and unions could spend unlimited amounts of money on political
activities, as long as it was done independently of a party or candidate. How does the
Citizens United case affect the right to vote?
Answer:Answers will vary.
Since Gregg v. Georgia (1976), the U.S. Supreme Court has ruled that the death penalty
does not inherently violate the ________ Amendment prohibition against cruel and
unusual punishment.
Answer:
In Planned Parenthood of Southern Pennsylvania v. Casey (1992), the U.S. Supreme
Court adopted an undue ________ standard for abortion cases. Under this standard, the
Court asks whether the challenged regulation imposes an undue burden on a woman’s
right to access or obtain an abortion.
Answer:
Explain your position on whether the phrase “In God We Trust” in currency violates the
Establishment Clause? Explain your position.
Answer:Answers will vary.
Explain the three tests used by the Court to interpret and apply the Establishment
Clause.
Answer:
Some of the important federalism cases decided during the era of the ________ Court
are United States v. Lopez, 115 S. Ct. 1624 (1995), and Morrison v. United States, 529
U.S. 598 (2000), both limiting Congress’s power over interstate commerce
Answer:
Explain the difference between the accommodationist approach and the separationist
approach to the First Amendment religion clauses.
Answer:
What is your reaction to the Obergefell v. Hodges decision? Explain your position.
Answer:Answers will vary.
Natural ________ theory insists that the rights enumerated in the Bill of Rights are
natural, inherent, and unalienable to individuals.
Answer:
Some state constitutions ________ protect privacy, whereas the federal Constitution
provides for the right to privacy based on an implied right.
Answer:
The Intelligible ________ Test is the test used to determine if Congress has provided an
agency with sufficient guidance in the performance of a delegated duty.
Answer:
What are the qualifications to become a U.S. Senator?
Answer:
The ideas of which philosophers served as a basis for the founding of the U.S.
constitution?
Answer:
Impoundment refers to a president’s refusal to expend congressionally appropriated
________.
Answer:
Philosophers, such as John Locke and Charles Montesquieu, advanced the theory that
sovereignty rests not with the monarch but with the ________.
Answer:
Discuss whether you think sexual orientation should be entitled to the scrutiny standard.
Explain your position.
Answer:Answers will vary.
The ________ test provides that government may not take action that makes it appears
as though it is endorsing a particular faith.
Answer: