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Each house of Congress possesses the final authority to decide who won in contested
elections.
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Legislation that conflicts with the U.S. Constitution may be declared void by the
President.
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Substantive due process concerns the type or substance of behavior that is included as a
"liberty" under the due process clause.
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The Fifth Amendment bars government from compelling persons to testify against
themselves in criminal cases.
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In Kelo v. City of New London (2005), the U.S. Supreme Court held that a local
government's taking of private homes for private land redevelopment was considered a
public purpose.
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A transfer of lawmaking power (rulemaking) from Congress to an administrative
agency is known as delegation.
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It has been discovered through empirical research that there is little correlation between
their political ideology (liberal to conservative) and voting patterns on cases.
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The Fifth Amendment provides for the freedom of the press.
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Congress has authority to regulate the desecration of the flag of the United States, even
if the desecration is considered symbolic speech.
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The holding of the Obergefell v. Hodges (2015) case is limited to the facts of the
particular case and will not serve as precedent for future cases dealing with civil rights
and marriage rights.
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During the Taney Court area, the U.S. Supreme Court's philosophy changed from
strongly nationalist to one favoring states' rights.
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The Framers of the United States Constitution divided governmental power between the
states and federal government, and between the three branches at the federal level, in
order to prevent tyranny.
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Bankruptcy judges are considered Article III judges nominated by the President and
confirmed by the Senate.
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The compelling governmental interest test is also known as the strict scrutiny test.
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Congress may not financially coerce the states into pursuing a federal objective.
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In Roe v. Wade, the U.S. Supreme Court ruled that there are no limits to the right to
privacy of a woman's right to choose to have an abortion.
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In United States v. Nixon, 418 U.S. 904 (1974), the U.S. Supreme Court ruled that
although a presidential privilege exists, and is presumed to exist if asserted, it may be
overcome by a specific need for evidence in a criminal case.
Answer:
In Obergefell v. Hodges (2015) where the court ruled that state bans on same-sex
marriage were unconstitutional, the U.S. Supreme Court based its decision on both the
Due Process Clause and the Equal Protection Clause.
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To be a member of the House of Representatives, a person must be at least twenty-five
years old, a citizen of the United States for at least seven years, and an inhabitant of the
state where he will run for election.
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James Madison originally opposed the inclusion of a bill of rights during the
Constitutional Convention.
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The creation of independent administrative agencies is consistent with the theory of a
unitary executive.
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In most cases, the government will be given greater leeway to regulate speech in
nonpublic forums than in public forums.
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President Franklin D. Roosevelt attempted to "pack" the Court by recommending
legislation that would permit a President to nominate additional justices for each sitting
justice over the age of 70 who had served on the Court for ten years or longer.
Answer:
The dormant Commerce Clause does not limit a state when it is acting as a market
participant, rather than as a regulator.
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One canon of statutory construction holds that a court will decide a case without
addressing a constitutional issue if possible alternative grounds exist.
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Probable cause is a legal standard requiring the officer to have sufficient and
trustworthy information to reasonably believe that a person has committed a crime.
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A law that bans "indecent" communications on the Internet, without a more precise
definition, and not a readily and commonly understood term, would be considered a
violation of the First Amendment under the overbreadth doctrine.
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During the Rehnquist Court area, the U.S. Supreme Court took a very liberal approach
to economic and states' rights.
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In Seminole Tribe of Florida v. Florida (1996), the U.S. Supreme Court held that states
may not be involuntarily sued (by citizens) in federal court.
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The state constitutions for all 50 states and the federal Constitution contain an express
right to education.
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One role courts perform in the U.S. is interpretation of law.
Answer:
Which amendment bars the government from imposing excessive bail?
A) Fourth Amendment
B) Fifth Amendment
C) Sixth Amendment
D) Eighth Amendment
Answer:
The case of Jones v. Clinton (1997) involved what issue?
A) Executive privilege
B) War making authority
C) pardon power
D) executive immunity
Answer:
In which U.S. Supreme Court case did the court invalidate the legislative veto?
A) Touby v. United States
B) Mistretta v. United States
C) Immigration & Naturalization Service v. Chadha
D) Arizona v. California
Answer:
A false publication in a newspaper that causes damages to a non-public figure is called?
A) libel
B) slander
C) falsification
D) written tort
Answer:
Presidential communications are:
A) absolutely privileged from compelled disclosure.
B) presumptively privileged from compelled disclosure.
C) not privileged from compelled disclosure whatsoever.
D) all of the above.
Answer:
Which of the following is NOT a standard used to judge obscenity under term in Miller
v. California (1973)?
A) the work taken as a whole involves deviant sexual activity
B) the work taken as a whole appeals to a prurient interest in sex
C) the work portrays sexual conduct in a patently offensive way
D) the work lacks serious literary, artistic, political, or scientific value
Answer:
Which of the following best describes the relationship between the federal government
and state militias?
A) The militias are independent state entities over which the federal government has no
authority.
B) The militias are federal entities over which the federal government has complete
authority.
C) The militias are state entities over which the federal government has limited
authority.
D) All of the above.
Answer:
As a general matter, a person's status as a taxpayer:
A) establishes sufficient interest to challenge any law that is believed to be
unconstitutional.
B) does not establish sufficient interest to challenge any law.
C) establishes sufficient interest to challenge expenditures of funds to which the
taxpayer contributed, so long as the expenditure is unconstitutional.
D) none of the above are correct.
Answer:
Which of the following cases actually sided with the rights of individual expression
under the first amendment?
I. Gitlow v. New York
II. Texas v. Johnson
III. Brandenburg v. Ohio
IV. Schenck v. United States
A) I, II, III
B) II, III
C) II, V
D) I, II
Answer:
In Free Exercise cases, what terms is used to describe a person who is seeking an
exemption from fighting in a war based on religious convictions?
A) Religious Convict
B) Soldier of God
C) Conscientious Objector
D) Abstainer
Answer:
For a delegation to be constitutional, Congress must provide the delegate agency with:
A) an intelligible principle from which to act.
B) specific guidance to direct its actions.
C) no guidance is required.
D) all the above.
Answer:
What term is used to refer to a president's refusal to expend congressionally
appropriated funds?
A) impoundment
B) refusal
C) financial hijacking
D) fiscal restraint
Answer:
Under what authority can Congress levy an income tax?
A) Article I, section 8
B) 16th Amendment
C) Pollock v. Farmers Loan & Trust Co
D) Tax and Spend Clause
Answer:
Which model of federalism maintains the theory that the national government and the
state governments are coequal sovereigns?
A) Dual Federalism
B) Hierarchical federalism
C) Cooperative federalism
D) Competitive federalism
Answer:
Which of the following constitutional clauses has not contributed to the growth in
federal power?
A) Supremacy Clause of Art. VI.
B) Necessary and Proper Clause of Art. I
C) Powers Clause of the Tenth Amendment
D) Commerce Clause
Answer:
Assume that police enter a residence to arrest Suzie pursuant to a valid arrest warrant
and that Suzie is sitting on the couch in the living room eating popcorn. Incident to a
lawful arrest, police may search all of the following EXCEPT:
A) Suzie's pant pockets.
B) under the couch.
C) in the couch under the cushions.
D) the coat closet in the adjacent hallway.
Answer:
Where the press seeks to cover certain high-profile judicial proceedings, the courts must
weigh the right of the defendant to receive a fair trial, as protected by the ________
Amendment, against the right of a free press.
A) Fourth
B) Fifth
C) Sixth
D) Eighth
Answer:
Administrative law judges are:
A) Article I judges.
B) Article II judges.
C) Article III judges.
D) Article IV judges.
Answer:
Which case allowed Congress to regulate that amount of wheat grown by local farmers?
A) U.S. v. Lopez
B) Wickard v. Filburn
C) U.S. v. Morrison
D) Gonzalez v. Raich
Answer:
Which of the following tests reflects the most separationist approach toward the
Establishment Clause?
A) Lemon test
B) Endorsement test
C) Coercion test
D) Neutrality test
Answer:
The constitutional provision against cruel and unusual punishment is found in the
________ amendment.
A) First
B) Fourth
C) Fifth
D) Eighth
Answer:
The U.S. Supreme Court held that the federal government's extensive regulation of
tobacco, including an express preemption of state labeling and warning requirements
about smoking and health, did not preempt a state law tort claim for fraudulent
advertising by a tobacco company in:
A) Wyeth v. Levine.
B) Riegel v. Medtronic, Inc.
C) Altria Group v. Good.
D) Preston v. Ferrer.
Answer:
The phrase "stare decisis" originates from a ________ phrase.
A) Greek
B) French
C) Latin
D) Russian
Answer:
Which Supreme Court Justice has made it known he would like to review restrictions
on commercial speech under strict scrutiny analysis?
A) Sonia Sotomayor
B) Clarence Thomas
C) Anthony Kennedy
D) David Souter
Answer:
The Court's theory of "liberty of contract" was developed during what era of the Court?
A) Economic freedom era
B) Dark era
C) Laissez Faire era
D) The Roosevelt Court era
Answer:
Would a professor at a public university be permitted to lead a class in saying a "Hail
Mary" prayer in honor of college basketball team? Why or why not?
A) yes, because the professor is not Congress
B) no, because the first amendment alone would bar such activity
C) yes, because the professor is not a state
D) no, because the fourteenth amendment would preclude such activity
Answer:
If the Court decides to recognize a constitutional right to die (a right not currently
recognized by the Court and not explicitly in the Bill of Rights) and require the states to
recognize this right, what doctrine of incorporation would this reflect?
A) total incorporation doctrine
B) select incorporation doctrine
C) selective incorporation
D) fundamental fairness/implicit in concept of ordered liberty
Answer:
Which of the following best describes the impeachment process?
A) The Senate impeaches and the House tries the impeachment.
B) The Senate impeaches and tries the impeachment.
C) The House impeaches and the Senate tries the impeachment.
D) The House impeaches and tries the impeachment.
Answer:
Which case involved administrative regulation of the manufacture Euphoria?
A) Touby v. United States
B) Gomez v. U.S.
C) Peretz v. U.S.
D) Samuels v. U.S.
Answer:
A writ whose purpose is to obtain immediate relief from illegal imprisonment by having
the "body" (that is, the prisoner) delivered from custody and brought before that court is
called:
A) Ex post facto law.
B) Bill of Attainder.
C) Act of Sedition.
D) Habeas Corpus.
Answer:
The landmark ruling in Brown v. Board of Education occurred during which judicial
era?
A) Taney Court
B) Rehnquist Court
C) New Deal Era
D) Warren Court
Answer:
What standard of constitutional review is applied to sex-based discrimination?
A) Strict Scrutiny
B) Intermediate Scrutiny
C) Rational Basis
D) Discriminatory Impact
Answer:
In which era did the U.S. Supreme Court begin to expand the powers of the federal
government?
A) Marshall Court
B) Taney Court
C) Pre-New Deal Era
D) Rehnquist Court
Answer:
According to the readings, which case BEST illustrates the fact that the Supreme Court
generally has refrained from imposing any affirmative obligations (as opposed to
negative restrictions) on the government when it comes to the Bill of Rights and Due
Process Clause?
A) Roe v. Wade
B) Barron v. Baltimore
C) Thompson v. Shillito
D) DeShaney v. Winnebago County Department of Social Services
Answer:
Which case limited Congressional efforts to restore strict scrutiny analysis in free
exercise cases?
A) Employment Division v. Smith
B) Sherbert v. Verner
C) Wisconsin v. Yoder
D) City of Boerne v. Flores
Answer:
In Crosby v. National Trade Council (2000), the U.S. Supreme Court held that all
extensive regulation of foreign affairs by a state is prohibited, either by implicit
preemption or simply because the states lack the authority to delve too deeply into
________ matters.
Answer:
The eminent domain power is found in the ________ Amendment.
Answer:
The judicial doctrine providing that even if federal power to regulate interstate and
international commerce is not exercised, state power to regulate these areas is
sometimes precluded is known as the ________ Commerce Clause.
Answer:
Corrections ________ is part of Congress's schedule occurring twice a month; a time
especially set aside for legislation intended to amend or repeal administrative rule.
Answer:
The powers to tax citizens, charter banks, and build roads are examples of ________
powers between the federal and state governments.
Answer:
Stare decisis is the doctrine that judicial decisions stand as ________ for cases arising
in the future.
Answer:
Discuss whether the holding in Lawrence v. Texas should be extended to recognizing
liberty interests for prostitution involving consenting adults under the Due Process
Clause. Explain your position.
Answer:Answers will vary.
Public ________ are properties historically associated with the exercise of First
Amendment rights, including public sidewalks, parks, and cartilages outside
courthouses and statehouses.
Answer:
The Eighth Amendment bars government from imposing cruel and ________
punishment.
Answer:
What is a Terry stop?
Answer:
The heads of executive agencies are under control of the ________.
Answer:
What are the three different types of executive agreements?
Answer:
The Fifth Amendment right against self-incrimination applies to testimony or
statements, not to ________ evidence.
Answer:
Discuss whether you would support or oppose a constitutional amendment that would
allow the United States Congress to prohibit statutorily the physical desecration of the
flag of the United States. Explain your position.
Answer:Answers will vary.
What is content neutrality?
Answer:
The ________ approach to the First Amendment religion clauses is an interpretation of
the religion clauses that maintains that it is appropriate for government to accommodate
or otherwise assist religious interests or organizations.
Answer:
