Laws that require additional punishment for repeat offenders (three strikes laws) most
often violate the Eighth Amendment prohibition on cruel and unusual punishment.
The right to travel from one state to another is protected by the Due Process Clause of
the Constitution.
Case law does not arise unless the decision of the trial court is appealed.
Laws that discriminate on the basis of gender or legitimacy are subject to review under
the rational basis test.
Strict scrutiny requires a “legitimate” governmental interest for the law, as opposed to
the “compelling” government interest required under the rational basis test.
The original seven articles to the Constitution contain little mention of individual rights
and freedoms.
Procedural due process deals with the procedures that government uses whenever it
actually deprives a person of life, liberty, or property.
An executive order compels some action and is often directed at administrative
agencies.
The Constitution does not provide a specific right to privacy; privacy is included in the
protections afforded to “liberty.”
The right to privacy also includes the right to reject medical care.
Under the Constitution, the Supreme Court is expressly given the right to review the
constitutionality of state and federal laws.
The Court has held that the actions of a private interscholastic athletic organization
were government action and subject to due process when the association regulated
athletics at public schools, and the officials and members of the organization were
public school officials or employees.
Due process must be followed by state agencies that suspend drivers’ licenses.
Whether express preemption exists depends on congressional intent.
The doctrine of separation of church and state stems from
A. the Establishment Clause.
B. the Free Exercise Clause.
C. Neither a nor b; it comes entirely from Supreme Court decisions.
D. legislation related to the First Amendment.
Using its power to regulate money, which of the following can Congress not do?
A. punish counterfeiting
B. establish a national bank
C. coin money
D. Congress can do all of the above.
The War Powers Resolution
A. limits the power of the president as commander in chief to use military force.
B. requires the president to report to Congress within forty-eight hours of using force
unless the president consulted with Congress prior to the use of force.
C. gives Congress the right to order the removal of armed forces from hostile situations.
D. All of the above.
The Supreme Court recognizes the right to privacy
A. as part of due process.
B. as part of equal protection.
C. Both a and b.
D. Neither a nor b.
Under Lemon v.Kurtzman, the government violates the Establishment Clause if
A. the government’s primary purpose is to advance religion.
B. the principal effect of government action is to inhibit or aid religion.
C. there is government entanglement with religion.
D. Any of the above.
Defamation has no First Amendment protection unless
A. the person defamed is a public figure.
B. the person defamed is a public official.
C. the subject matter is one of public concern.
D. All of the above.
If police have a search warrant that appears to be valid, but for some reason is not,
evidence found while executing the warrant might be admissible in court because of
A. the Good Faith Exception.
B. the Impeachment Exception.
C. an Independent Source or inevitable discovery.
D. the Attenuation Exception.
Taxpayers often have difficulty pursuing court cases dealing with tax laws because
A. tax issues are rarely ripe.
B. tax issues are usually moot.
C. taxpayers often lack standing.
D. tax issues usually involve political questions.