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The Eighth Amendment bars government from imposing cruel and unusual punishment.
Answer:
The rule of law is the principle that all people and the government itself are obliged to
follow legitimately enacted and fairly enforced laws.
Answer:
The bad tendency test was the earliest test used by the U.S. Supreme Court to interpret
and apply the Free Speech Clause.
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The "nondelegation doctrine" is rooted in federalism principles.
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Suspect classification is a type of distinction or discrimination that is highly
questionable and deserves the highest form of judicial scrutiny.
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Administrative agencies may perform both quasi-legislative and quasi-judicial
functions.
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The Necessary and Proper Clause is an independent source of authority.
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The intermediate scrutiny test is used for cases involving classifications based on the
marital status of a person at the time of birth.
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Each state has an equal number of Representatives and Senators.
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The President of the United States may establish the procedures to be used to detain and
try alleged terrorists.
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The Fourth Amendment bars government from imposing excessive bail or fines.
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Miranda warnings are required once it is determined that police are engaging in a
custodial interrogation.
Answer:
In Planned Parenthood of Southern Pennsylvania v. Casey (1992), the U.S. Supreme
Court moved away from the trimester-based approach adopted in Roe v. Wade and
began using framework that divided pregnancy into two stagespreviability and
postviability.
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No exceptions to the exclusionary rule exist.
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A person must be a natural born citizen to be President.
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Miranda warnings are designed to ensure that prior to police questioning, individuals
are informed of two basic rights under the Constitution"the right to be silent and the
right to an attorney.
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The decision of the delegates to the Philadelphia Constitutional Convention to have the
President of the United States elected through the electoral college is known as the
Great Compromise.
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Article III provides for eight associate justices and one Chief Justice of the Supreme
Court.
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The Fourteenth Amendment provides an enforcement clause in Section 5 that allows
Congress to pass legislation to enforce the Equal Protection Clause.
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Generally, the powers held by the three branches of government under the Articles of
the Constitution are treated as grants or investments of authority.
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Having a written constitution that recognizes individual rights guarantees that the rule
of law exists in all countries.
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Desegregation is the process by which the policies and effects of exclusion and
separation are reversed and corrected.
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The Takings Clause is a provision in Article I, Section 10, of the Constitution.
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Congress may not enact legislation mandating that the states regulate a subject.
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Federal agencies are created and defined by the President.
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A President may enact an executive order in any policy area where Congress has been
delegated authority, but has chosen not to act.
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The so-called "police power" is generally a state power.
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The rational basis test is used for cases involving classifications based on income.
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Under a dual federalism approach, the federal government is dominate and more
powerful than the states.
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The state action requirement in the Fourteenth Amendment for equal protection cases
applies only to state governments and does not apply to conduct of local governments.
Answer:
There is explicit language in the Constitution recognizing the power of the President to
enter into executive agreements.
Answer:
Which case involves the so-called "liberty of contract?"
A) Lochner v. New York
B) Hawaii Housing Authority v. Midkiff
C) Kelo v. City of New London
D) Lucas v. South Carolina Coastal Commission
Answer:
What case marks the "Switch in Time That Saved Nine?"
A) West Coast Hotel v. Parrish
B) Lochner v. New York
C) Fletcher v. Peck
D) Agins v. Tiburon
Answer:
Which case involved an Establishment Clause challenge to the "under god" provision
within the Pledge of Allegiance?
A) Newdow v. United States
B) Sherbert v. Verner
C) Reynolds v. United States
D) Van Orden v. Perry
Answer:
What kind of test is used to determine if a person is in custody?
A) If the officer intends to arrest the suspect
B) If the suspect does not feel free to leave
C) If a reasonable person would not feel free to leave
D) If the detention is more than just a brief questioning
Answer:
Which of the following is NOT considered per se unprotected speech under the First
Amendment?
A) offensive speech
B) fighting words
C) child pornography
D) false commercial advertising
Answer:
Match the constitutional interpretation method listed in Column 1 to its description in
Column 2.
1. originalism
2. historical literalism
3. democratic reinforcement
4. contemporary literalism
5. modernism
A) Constitution is interpreted and applied by focusing on its terms, syntax, and other
linguistic features that were in use at the time of adoption/ratification
B) Constitution is interpreted and applied in a manner consistent with the framers'
intentions
C) Constitution is interpreted and applied by focusing on its terms, syntax, and other
linguistic features that are currently in use
D) Constitution is interpreted and applied in contemporary terms
E) Constitution is interpreted and applied in a manner that reinforces the document's
underlying democratic themes
Answer:
What is the name of the official publication for U.S. Supreme Court cases published by
the federal government?
A) Supreme Court Reporter
B) Lawyer's Edition
C) Federal Reporter
D) United States Reports
Answer:
What was William Marbury seeking from the Supreme Court in Marbury v. Madison?
A) Writ of Certiorari
B) Writ of Mandamus
C) Temporary Restraining Order
D) Money Damages
Answer:
Which amendment bars the government against unreasonable searches and seizures?
A) First Amendment
B) Second Amendment
C) Third Amendment
D) Fourth Amendment
Answer:
Which of the following is an exclusive power of the federal government?
A) taxing citizens
B) coining money
C) constructing roads
D) borrowing money
Answer:
A term referring to the concept that there exists, independent of manmade law, a law
laid down (depending upon one's beliefs) by God or by nature, which human society
must observe in order to be happy and at peace is referred to as:
A) Divine Province.
B) Natural Law.
C) Manifest Destiny.
D) Aaron's Law.
Answer:
What type of constitutional scrutiny would most likely be applied to a governmental
ban on political speech?
A) rational basis
B) intermediate scrutiny
C) strict scrutiny
D) Central Hudson test
Answer:
Which U.S. Supreme Court case held that a Judeo-Christian prayer offered during a
public-school graduation ceremony violated the Establishment Clause?
A) Hobby Lobby v. Burwell
B) Lee v. Weisman
C) Lynch v. Donnelly
D) Newdow v. United States Congress
Answer:
Which case (majority opinion) adopted the "bad tendency" test as a means for resolving
disputes involving the freedom of speech?
A) Gitlow v. New York
B) Brandenburg v. Ohio
C) Schenck v. United States
D) Virginia v. Hicks
Answer:
In order for a warrantless consent search to be valid, the consent must be given
________.
A) knowingly, intelligently, and voluntarily
B) knowingly, rationally, and peacefully
C) in writing
D) verbally or in writing
Answer:
What is the doctrine that gives agencies deference to reasonable agency interpretations
of the ambiguous provisions of the statutes they administer because the agencies have
greater expertise and experience in their policy areas?
A) Chevron Doctrine
B) delegation doctrine
C) public rights doctrine
D) nondelegation doctrine
Answer:
What constitutional standard of scrutiny is applied to regulations of commercial
speech?
A) rational basis
B) strict scrutiny
C) intermediate scrutiny
D) business necessity
Answer:
What is the theory that the Constitution vests all executive authority in the president of
the United States?
A) unitary executive
B) plural executive
C) natural law theory
D) executive privilege
Answer:
What constitutional provision has been used to make most of the provisions within the
Bill of Rights applicable to the states?
A) Fourteenth Amendment Due Process Clause
B) Fourteenth Amendment Equal Protection Clause
C) Fourteenth Amendment Privileges or Immunities Clause
D) Fifth Amendment Due Process Clause
Answer:
What is the name of the U.S. Supreme Court case that held that a closely held
corporation could assert religious freedoms under the Religious Freedom Restoration
Act (RFRA) in that it would not have to provide employee health-care coverage for
contraceptives under the federal Affordable Care Act?
A) Cutter v. Wilkinson
B) Hobby Lobby v. Burwell
C) City of Boerne v. Flores
D) Gonzales v. O Centro Espirita Beneficiente Uniao Do Vegetal, et al.
Answer:
A President is:
A) absolutely immune from suit for executive functions.
B) presumptively immune from suit for executive functions.
C) not immune from suit whatsoever.
D) all of the above.
Answer:
What case invalidated an earlier effort by Congress to enact a federal income tax?
A) South Dakota v. Dole
B) U.S. v. Lopez
C) Pollock v. Farmers Loan & Trust Co
D) McCulloch v. Maryland
Answer:
Which of the following is NOT considered a public forum within free speech
jurisprudence?
A) public sidewalks
B) public parks
C) courthouse lawns
D) prisons
Answer:
What is the term that describes the process of drawing or redrawing geographic
boundaries for electoral districts based on a particular motive, such as reelecting the
incumbent, including or excluding minority voters, or increasing political party control?
A) segregation
B) anti-segregation
C) gerrymandering
D) affirmative action
Answer:
Which model of federalism maintains the theory that the national government is
supreme to the state governments and that he powers of the national government are
read broadly, and the Tenth Amendment is read as not granting any specific powers to
the states?
A) Dual Federalism
B) Hierarchical federalism
C) Cooperative federalism
D) Competitive federalism
Answer:
Which article under the U.S. Constitution contains the Supremacy Clause?
A) Article I
B) Article III
C) Article IV
D) Article VI
Answer:
Each of the following cases addresses a contemporary issue of federalism EXCEPT:
A) Riegel v . Medtronic, Inc.
B) Altria Group v. Good.
C) Wyeth v. Levine.
D) Lawrence v. Texas.
Answer:
In which case did the Court uphold the public display of the Ten Commandments?
A) Van Orden v. Perry
B) McCreary v. ACLU
C) County of Allegany v. ACLU
D) Lynch v. Donnelly
Answer:
Which U.S. Supreme Court case adopted the undue burden standard for abortion case?
A) Planned Parenthood of Pennsylvania v. Casey
B) Roe v. Wade
C) Webster v. Reproductive Health Services
D) Gonzalez v. Carhart
Answer:
Which of the following is NOT an example of a form of preemption?
A) Congress expressly states that it intends to preempt state regulation.
B) A state law is inconsistent with federal laws, even though no express preemption
statement has been made by Congress.
C) A state law regulates a subject that belongs exclusively to the federal government.
D) Congress has enacted a legislative scheme that comprehensively regulates a field.
Answer:
Congress passed the Civil Rights Act of 1964 that banned ________ discrimination in
places of public accommodation and prohibited employment discrimination based on
race, sex, religion, color, or national origin.
Answer:
Discuss which of the first 10 amendments to the U.S. Constitution in the Bill of Rights
is most important to you personally. Explain your position.
Answer:Answers will vary.
What does the neutrality test provide?
Answer:
In National Federation of Independent Business v. Sebelius, 135 S.Ct. 2566 (2012)
decided by the U.S. Supreme Court in 2012 dealing with the constitutionality of the
Patient Protection and Affordable Care Act, the U.S. Supreme Court held that the
individual mandate was effectively a ________ and a legitimate exercise of
congressional authority under Art. I, sec. 8, cl. 1.
Answer:
What is the basis for the right to the freedom of association?
Answer:
A prior ________ is an attempt by government to prevent or restrain expression,
including press publication, before it is uttered.
Answer:
Federal judicial jurisdiction is limited by Article III, Section 2 of the U.S. Constitution
to cases that involve federal legal issues or where ________ of citizenship exists.
Answer:
What is the difference between hierarchical and dual federalism?
Answer:
Government discrimination on the basis of race is subject to the ________ scrutiny test
under the Equal Protection Clause.
Answer:
How does Congress serve as a check on the president in terms of foreign affairs?
Answer:
The Preamble and Articles of the U.S. Constitution reflect a social compact or
________ between the people and the government.
Answer:
If part of a statute is held unconstitutional, the remaining ________ are to remain viable
as long as it is logical to do so.
Answer:
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 is
known as the ________ law.
Answer:
Malfeasance, misfeasance, and neglect of duty are commonly recognized by Congress
as ________ for removal of officers of independent agencies.
Answer:
Quasi-legislative is a term applied to the ________ functions of an administrative
agency.
Answer:
What did the U.S. Supreme Court decide in Brown v. Board of Education (1955) also
known as Brown II?
Answer:
