Court have upheld the Civil Rights Act of 1964 based on authority granted to Congress
in Article I of the Constitution involving interstate commerce.
Answer:
In Riley v. California (2014), a unanimous U.S. Supreme Court held that the
incident-to-a-lawful-arrest exception to the warrant requirement does not extend to
searching a suspect’s cell phone after the suspect is arrested.
Answer:
The Lemon test was adopted by the 1971 U.S. Supreme Court Lemon v. Kurtzman.
Answer:
There are no limits to the congressional delegation power to administrative agencies.
Answer:
Today, all of the Bill of Rights have been applied to the states .
Answer:
An executory treaty is one that is enforceable immediately upon adoption.
Answer:
Fighting words are considered a form of protected speech under the First Amendment.
Answer:
In Alden v. Maine, the U.S. Supreme Court held that states must consent to be sued in
their own courts.
Answer:
A person may be tried multiple times if the prior trial ended in a mistrial where the
prosecution did not intentionally seek to cause the mistrial.
Answer:
With the exception of independent agencies, the president acts as the chief of the
administrative state.
Answer:
Judges may be removed through impeachment by Congress.
Answer:
The Bill of Rights was intended to be applied only against the national government.
Answer:
Under the Brandenburg Test, the government may not suppress speech unless the
speech is “directed to inciting or producing imminent lawless action and . . . likely to
incite or produce such action.”
Answer:
It is well established that Congress may regulate commercial matters only and federal
regulations that have welfare objectives are invalid.
Answer:
The higher the court is, the more likely it is that its decisions will be published.
Answer:
The U.S. Congress is a bicameral legislature.
Answer:
A state law requiring all motor vehicles using the state roads to have special seat belts
which are safer than required by federal law is invalid.
Answer:
Federalism refers to the division of governmental powers into three branches,
legislative, executive, and judicial.
Answer:
A prior restraint is an attempt by government to prevent or restrain expression,
including press publication, before it is uttered.
Answer:
The mandate of the delegates to the Philadelphia Convention of 1787 from their states
was to draft a new constitution.
Answer:
The Fourteenth Amendment was ratified before the Civil War.
Answer:
In Marbury v. Madison, the U.S. Supreme Court used judicial review to nullify an act of
Congress.
Answer:
If a President does not return a bill to Congress within five days, it automatically
becomes law.
Answer:
Presidents are directly elected.
Answer:
The First Amendment expressly defines the term “respecting” in the Establishment
Clause.
Answer:
In Morse v. Frederick (2007), the U.S. Supreme Court upheld a public school’s
suspension of a student who held a vaguely written pro-drug message at a
school-sponsored.
Answer:
During the states’ ratification debates, many delegates reintroduced objections to
ratifying the proposed Constitution without the inclusion of a bill of rights.
Answer:
Although the government may prohibit depictions of child pornography, it may not ban
all forms of expression that “appear to be” child pornography because such a ban is
likely to capture expression that does not include depictions of actual children.
Answer:
There are two methods to amend the Constitution and both have been used.
Answer:
A search warrant is required for all searches inside a person’s home.
Answer:
A delegation may be violative of the Constitution if it places control over an essential
function of one branch in another branch.
Answer:
Originalists hold that the Constitution should be interpreted to mean what the framers
originally intended it to mean.
Answer:
What constitutional level of scrutiny is applied to government classifications based on
so-called “illegitimacy”?
A) strict scrutiny
B) intermediate scrutiny
C) rational basis
D) non-suspect classification
Answer:
Today, a series of eighty-five articles that were published under the pseudonym Publius
in magazines and newspapers urging the ratification of the new Constitution are known
as the:
A) Federalist Papers.
B) Communist Manifesto.
C) Articles of Confederation.
D) Declaration of Statehood.
Answer:
Federal rules or regulations are found in the:
A) U.S. Code.
B) U.S. Constitution.
C) Code of Federal Regulations.
D) Statutes at Large.
Answer:
Which right concerns the type or substance of behavior that is included as a “liberty”
under the due process clause?
A) procedural due process
B) substantive due process
C) equal protect
D) right to privacy
Answer:
Miranda requirements apply during:
A) investigatory stops.
B) custodial interrogations.
C) automobile searches.
D) stop and frisks.
Answer:
Which of the following is NOT considered to be a current mode of analysis used by the
Court to review alleged violations of the Establishment Clause?
A) non-denominational test
B) coercion test
C) endorsement test
D) Lemon test
Answer:
Which of the following tests is the most accommodationist approach toward the Free
Exercise Clause?
A) Strict Scrutiny test
B) Endorsement test
C) Coercion test
D) Neutrality test
Answer:
Law from English heritage, that relies on judges developing legal principles to guide
their decision making based on customs and practices of the time is called:
A) traditional law.
B) common law.
C) English law.
D) law of customs.
Answer:
The United States Supreme Court decision that requires prosecutors to turn over any
evidence that tends to show the innocence of the defendant is:
A) Gideon v. Wainwright.
B) Batson v. Kentucky.
C) Brady v. Maryland.
D) Santobello v. New York.
Answer:
How many votes are required to elect the president and vice president under the
Electoral College?
A) 250
B) 270
C) 300
D) 539
Answer:
During the early years of the Constitution, which group championed a stronger
centralized government?
A) Federalists
B) Anti-Federalists
C) Tea Party
D) Confederates
Answer:
What case did the Court the Court held that detainees at Guantanamo Bay, including
enemy combatants, are entitled to habeas corpus?
A) Korematsu v. United States
B) Hamdi v. Rumsfeld
C) Rasul v. Bush
D) Boumediene v. Bush
Answer:
What event is regarded as the moment the Court began to move away from its notion of
liberty of contract?
A) The switch in time that saved nine
B) World War I
C) World War II
D) The Great Depression
Answer:
Which right is NOT explicitly mentioned in the Bill of Rights?
A) Right to Privacy
B) Right to Bear Arms
C) Right to Due Process
D) Right to Grand Jury Indictment in Capital Cases
Answer:
Currently, how many amendments have been added to the Constitution?
A) 27
B) 26
C) 19
D) 10
Answer:
The Supreme Court rejected an attempt by President Truman to seize steel mills during
a labor dispute in what case?
A) Truman v. Capote
B) AFL-CIO v. Truman
C) Youngstown Sheet & Tube Co. v. Sawyer
D) UAW v. Truman
Answer:
Today, most cases heard by the Supreme Court come to it through:
A) writ of certiorari
B) appeal
C) original jurisdiction
D) notice of recall
Answer:
Police obtain a search warrant for Mary’s house to search for cocaine. While executing
the search warrant, the police look in a closet and find a sawed-off shotgun. The gun
will be:
A) admissible if it was immediately apparent as contraband.
B) admissible only if the police found cocaine too.
C) admissible, but only if Mary gave consent to the search of the closet.
D) inadmissible, as the gun was not listed on the search warrant.
Answer:
What is the only federal court expressly created by the U.S. Constitution?
A) U.S. Supreme Court
B) U.S. Court of Appeal
C) U.S. District Court
D) U.S. Court of International Trade
Answer:
Which method of constitutional interpretation is applied in a manner consistent with the
framers’ intentions?
A) Originalism
B) Modernistm
C) Contemporary Literalism
D) Historical Literalism
Answer:
Which of the following best describes presidential nominations of justices to the
Supreme Court?
A) Presidents tend to nominate individuals who they believe share their political
opinions.
B) Most presidents have not considered the political views of prospective nominees.
C) Presidents delegate nominations to key senators of the same party as the president.
D) Presidents delegate nominations to the American Bar Association.
Answer:
A theory of individual liberties that considers liberties to be the product of a negotiated
contract is called:
A) compact theory.
B) natural rights theory.
C) divine theory.
D) instilled theory.
Answer:
What is the minimum age requirement to become President of the United States?
A) 25 years old
B) 30 years old
C) 35 years old
D) 40 years old
Answer:
Which of the following best describes the Framers’ intentions concerning the
relationship between state and federal courts?
A) Federal courts were to be the primary courts under the Constitution, hearing all
important cases, i.e., felony criminal proceedings.
B) State courts were to be the primary courts with the federal courts possessing
jurisdiction over a select group of cases.
C) The Constitution created a system of federal courts to hear all cases and abolished
the state court systems.
D) The Constitution did not create any federal courts and specifically acknowledged the
jurisdiction of state courts over all cases, federal and state.
Answer:
Under the Fourth Amendment, which of the following is NOT an exception to the
warrant requirement for searches and seizures?
A) Serious offense
B) Plain feel
C) Plain view
D) Exigent circumstances
Answer:
The Younger Doctrine provides that federal courts:
A) shall abstain from interfering with state criminal proceedings in most instances.
B) shall abstain from interfering with state criminal proceedings in all instances.
C) shall abstain from interfering with state political question cases in all instances.
D) both B and C are correct
Answer:
If a criminal defendant goes to trial but the case ends with a hung jury, can the
government retry the defendant on the same charges? Why or why not?
A) No. The double jeopardy clause prohibits it.
B) No. The double jeopardy and due process clauses prohibit it.
C) It depends on whether the alleged crime is a felony or a misdemeanor
D) Yes, because the jury did not make a finding of fact on the charges
Answer:
What case BEST illustrates symbolic speech?
A) Brandenburg v. Ohio
B) Schenck v. United States
C) Texas v. Johnson
D) Gitlow v. New York
Answer:
Which of the following is not a constraint on federal judicial power?
A) Lifetime appointment
B) Presidential nomination
C) Impeachment for high crimes and misdemeanors
D) Congressional control of judicial jurisdiction
Answer:
Which case recognized a constitutional right to privacy?
A) Bowers v. Hardwick
B) Griswold v. Connecticut
C) Glucksberg v. Washington
D) Lochner v. New York
Answer:
The U.S. Supreme Court found that the Due Process Clause protected the personal
autonomy of individuals to make decisions regarding adult, consensual, and private
sexual activity in which case?
A) Washington v. Glucksberg
B) Gonzalez v. Oregon
C) Bowers v. Hardwick
D) Lawrence v. Texas
Answer:
What impact did the Warren Court era leave on modern constitutional law?
Answer:
In Lawrence v. Texas, the U.S. Supreme Court struck down a state law banning
same-sex ________.
Answer:
The president possesses the authority of ________ of sentence to lessen a sentence.
Answer:
The U.S. Supreme Court has ruled that the Sixth Amendment requires that there must
be at least ________ jurors to decide a case.
Answer:
Discuss whether you would support or oppose a constitutional amendment that would
provide term limits for members of Congress. Explain your position.
Answer:Answers will vary.
Once confirmed, federal court judges receive ________ tenure.
Answer:
Based on a U.S. Supreme Court from 1851, the ________ Doctrine provides that if a
subject of interstate commerce is national in character, then regulation of that subject is
exclusively federal.
Answer:
What was the basis for the U.S. Supreme Court decision in Obergefell v. Hodges?
Answer:
The president has a direct influence on congressional lawmaking through the ________
power under Article I, Section 7, clause 2, that requires all bills that have passed the
House and Senate to be submitted to the president.
Answer:
Discuss your position on whether you support the total incorporation doctrine or the
select incorporation doctrine.
Answer:Answers will vary.
Federal statutes enacted by Congress are organized by subject matter into the U.S.
________.
Answer:
Discuss whether you would support or oppose a constitutional amendment that would
give the President of the United States the line item veto power. Explain your position.
Answer:Answers will vary.
What are the main courts in the federal court system?
Answer:
Legislation that conflicts with the U.S. Constitution may be declared void by the
________.
Answer:
What is the liberty of contract?
Answer:
Discuss whether the warrantless tracking of an individual through the use of real-time
cell phone site location information is a violation of the individual’s rights under the
Fourth Amendment.
Answer:Answers will vary.
To fully understand the scope of the religion clauses, one must appreciate how the U.S.
________ Court has interpreted and enlarged the critical terms of these provisions.
Answer:
What is the difference between the compact theory and the natural law theory?
Answer: