The First Amendment provides for the freedom of speech.
Answer:
The President enjoys a limited privilege against being compelled to disclose records
and other materials created in the course of executive duties.
Answer:
The laissez-faire era or Lochner era of the Court remains the current law today with
respect to the Due Process Clause and economic liberty.
Answer:
State constitutional law may not decrease or limit federally secured rights, but a state
may extend civil rights beyond what the federal Constitution secures.
Answer:
The U.S. Supreme Court does not have the authority to declare an act of the President
unconstitutional.
Answer:
Pursuant to the Supremacy Clause, the federal government has greater authority to
regulate the states than the state do to regulate the federal government.
Answer:
The U.S. Supreme Court case Bush v. Gore, 531 U.S. 98 (2000) that decided the
outcome of the 2000 presidential election was a unanimous 9-0 decision.
Answer:
U.S. Bankruptcy judges are examples of Article III judges.
Answer:
Libel is a form of unprotected speech under the First Amendment.
Answer:
Each of the following is a standard under the Lemon test EXCEPT:
A) law must have a secular purpose.
B) law’s primary effect must neither advance nor inhibit religion.
C) law must not foster an excessive entanglement.
D) law must give equal access to all religions.
Answer:
In Burwell v. Hobby Lobby (2015), the U.S. Supreme Court 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.
Answer:
Match the term listed in Column 1 to its description in Column 2.
A) Under the Due Process Clause of the Fourteenth Amendment, those rights in the
federal Bill of Rights that are fundamental and necessary to an ordered liberty are
applied against the states. Other incorporation theories exist.
B) 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
C) The doctrine that once Congress has enacted legislation in a given field, a state may
not enact a law inconsistent with the federal statute
D) Clause in the Constitution that means that a state’s judicial acts must be given the
same effect by the courts of all other states as they receive at home
E) A doctrine under which a state court is permitted to acquire personal jurisdiction
over a nonresident
F) An approach to constitutional interpretation that requires state judges to apply their
state’s constitution before turning to the federal Constitution
G) Federal judicial review of a state decision in a case that includes both state and
federal claims will not occur if the lower court’s decision rested upon adequate and
independent state law
H) An approach to constitutional interpretation that requires state judges to apply both
federal and state constitutions simultaneously
I) An approach to constitutional interpretation that requires state judges to apply the
federal Constitution before turning to their state’s constitution
J) Provides that if a subject of interstate commerce is national in character, then
regulation of that subject is exclusively federal
1. Full Faith and Credit Clause
2. Preemption
3. Primacy
4. Interstitial
5. Selective Incorporation Doctrine
6. Dual Sovereignty
7. Dormant Commerce Clause
8. Cooley Doctrine
9. Minimum Contacts Test
10. Adequate and Independent State Grounds Doctrine
Answer:
Under the fifth and/or sixth amendment, a person has the right to counsel during each of
the following stages EXCEPT:
A) guilty pleas and sentencing.
B) appeals as a matter of right.
C) misdemeanor trials when imprisonment is actually imposed.
D) appeals to the Supreme Court.
Answer:
What form of constitutional scrutiny requires the government to show that its intrusion
is necessary (or narrowly tailored) to meet a compelling governmental interest?
A) rational basis
B) undue burden
C) strict scrutiny
D) necessary and proper
Answer:
What is the name of the legislation passed by Congress in 1946 to govern the
procedures used by administrative agencies intended to curb the growing power of
agencies?
A) Federal Agency Act
B) Administrative Procedure Act
C) Administrative Delegation Act
D) Federal Agency Procedure Act
Answer:
Each of the following is prohibited as cruel and unusual punishment EXCEPT:
A) disproportionate sentences.
B) capital punishment.
C) status crimes.
D) unreasonable prison and other confinement conditions.
Answer:
What piece of civil rights legislation was at issue in Tennessee v. Lane (2004)?
A) Americans With Disabilities Act
B) Pregnancy Disability Act
C) Family Medical Leave Act
D) Civil Rights Act of 1964
Answer:
Match the term listed in Column 1 to its description in Column 2.
A) Rule that provides Congress with authority to regulate intrastate activities that affect
interstate commerce. Even though individual activity may not affect interstate
commerce, the total effect of all individuals who engage in the activity may affect
interstate commerce and provide Congress with the jurisdiction to regulate the activity.
B) The published statutes of a jurisdiction, arranged in a systematic form.
C) Article I, Section 7, clause 1, of the U.S. Constitution, which requires all
revenue-raising bills to originate in the House of Representatives.
D) The clause in Article I, Section 8, of the Constitution that gives Congress the power
to regulate commerce between the states and between the United States and foreign
countries.
E) The detailed revision of a bill by a legislative committee.
F) A resolution passed by both houses of a bicameral legislature and eligible to become
a law if signed by the chief executive or passed over the chief executive’s veto.
G) A law enacted by a legislature; an act.
H) A law that is enacted by Congress supposedly under one of its enumerated powers,
when the law’s true purpose is to regulate a subject belonging to the states, is invalid.
I) The power of government to make and enforce laws and regulations necessary to
maintain and enhance the public welfare and to prevent individuals from violating the
rights of others.
J) A proposed law, presented to the legislature for enactment.
1. Police Power
2. Affectation Doctrine
3. Joint Resolution
4. Origination Clause
5. Mark-up
6. Pretext Principle
7. Code
8. Bill
9. Statute
10. Commerce Clause
Answer:
Which doctrine provides Congress with authority to regulate intrastate activities that
substantially affect interstate commerce?
A) dormant commerce clause
B) Affectation doctrine
C) preemption doctrine
D) Doctrine of supremacy
Answer:
Who has the power to impeach federal court judges?
A) U.S. Senate
B) U.S. House of Representatives
C) U.S. Supreme Court
D) President
Answer:
In which U.S. Supreme Court case did the Court hold that New Jersey could not enforce
a state public accommodations law, which barred discrimination based on sexual
orientation based on the organization’s right to the freedom of association?
A) Boy Scouts of America v. Dale
B) Schenck v. United States
C) Texas v. Johnson
D) Gitlow v. New York
Answer:
How many amendments were originally proposed and submitted to Congress as the
initial draft of the Bill of Rights?
A) 8
B) 10
C) 12
D) 15
Answer:
During what era of the Court did the justices dramatically expand the liberty protections
afforded to individuals under the Fourth Amendment?
A) Taney Court
B) Warren Court
C) New Deal Era
D) Rehnquist Court
Answer:
In what case did Justice Jackson (dissenting) outline the three-part model of presidential
power that continues to be referred to today?
A) United States v. Nixon
B) Youngstown Sheet and Tube Co. v. Sawyer
C) Goldwater v. Carter
D) Smith v. Ford
Answer:
Generally speaking, which theory of constitutional interpretation is least likely to
recognize more contemporary forms of privacy.?
A) original intent
B) strict constructionist
C) original understanding
D) all of the above
Answer:
Which decision largely decided the presidential election of 2000?
A) Clinton v. Jones
B) Gore v. Cheney
C) Bush v. Gore
D) Clinton v. Bush
Answer:
Which of the following is not a role the President plays in lawmaking?
A) Submission of bills
B) Vetoing bills
C) Interfacing with members of Congress
D) All of the above
Answer:
Once created, agencies fall into the ________ branch of government.
A) legislative
B) executive
C) judicial
D) fourth
Answer:
The doctrine of stare decisis et non quieta movera means:
A) stand by precedents.
B) update your laws.
C) advance the law to fit societal needs.
D) make decisions quickly.
Answer:
In which case did the U.S. Supreme Court assert the power of judicial review over the
decisions of the states’ high courts?
A) Marbury v. Madison
B) United States v. Nixon
C) Martin v. Hunter’s Lessee
D) Dred Scot v. Sandford
Answer:
The Religious Freedom Restoration Act (RFRA) is a law passed by Congress in 1993
that sought to reinstate the strict ________ standard for free exercise cases.
Answer:
What doctrine maintains that state laws that interfere with federal laws are invalid
pursuant to the supremacy clause?
A) Preemption
B) States rights
C) War making
D) Sovereign Immunity
Answer:
Which U.S. Supreme Court Justice, who wrote the majority opinion in both Obergefell
v. Hodges and United States v. Windsor, relied on general principles of due process and
equal protection, without establishing any concrete tests or doctrines concerning
individual liberty or discrimination based on sex or sexual orientation?
A) Anthony Kennedy
B) Sonia Sotomayor
C) Ruth Bader Ginsburg
D) Clarence Thomas
Answer:
What case allowed President Roosevelt to intern Japanese Americans during World War
II?
A) Korematsu v. United States
B) Hamdi v. Rumsfeld
C) Rasul v. Bush
D) Boumediene v. Bush
Answer:
The U.S. Supreme Court invalidated a lower court’s application of California law,
which resulted in the invalidation of a provision of an arbitration agreement, because it
conflicted with the federal objective of encouraging speedy and efficient arbitration in:
A) Preston v. Ferrer.
B) Riegel v. Medtronic, Inc.
C) Crosby v. National Trade Council.
D) AT&T v. Concepcion.
Answer:
Under most domestic search warrants what legal standard must be established before a
warrant will be issued?
A) Certiorari
B) Reasonable cause
C) Reasonable suspicion
D) Probable cause
Answer:
Federal executive orders are published in the:
A) U.S. Code.
B) Federal Register.
C) U.S. Statutes.
D) Book of laws.
Answer:
What standard is used to determine whether government can use a person’s alienage for
purposes of discrimination in government employment?
A) necessary and compelling test
B) government classification test
C) employee privacy test
D) important governmental functions test
Answer:
In which case did the Court uphold portions of the Religious Land Use and
Institutionalized Persons Act of 2000?
A) Cutter v. Wilkinson
B) McCreary v. ACLU
C) City of Boerne v. Flores
D) Gonzales v. O Centro Espirita Beneficiente Uniao Do Vegetal, et al.
Answer:
Which of the following is not a reason that a legislative veto law may be
unconstitutional?
A) It permits one house of Congress to invalidate administrative action.
B) It bypasses presentment to the President.
C) It encroaches upon the constitutional sphere of an administrative agency.
D) All the above.
Answer:
What did the U.S. Supreme Court decide in Gonzales v. Carhart (2007)?
Answer:
Which constitutional right afforded to criminal suspects under the Fifth or Sixth
Amendment is the most important to you personally? Explain your position.
Answer:Answers will vary.
Judicial ________ is the power of the judiciary, as the final interpreter of the law, to
declare an act of a coordinate governmental branch of state unconstitutional.
Answer:
If it is determined that Congress has preempted a policy area, all state laws, even if
consistent with federal law, are ________.
Answer:
Which provision in the U.S. Constitution gives Congress the power to regulate business
and labor?
Answer:
The Privileges or Immunities Clause prohibits states from denying persons the
privileges or immunities of American ________.
Answer:
Preemption is the doctrine that once Congress has enacted legislation in a given field, a
state may not enact a law inconsistent with the ________ statute.
Answer:
Article I, Section 8, clause 18, commonly known as the Necessary and Proper
________, grants to Congress the power to make all laws “necessary and proper” for
carrying out its constitutional responsibilities.
Answer:
What are the different approaches the Supreme Court has used to determine whether a
particular activity constitutes a liberty interest protected by the Due Process Clause?
Answer:
Why is “state action” required for cases under the Equal Protection Clause?
Answer:
Since 1869, there have been ________ justices that sit on the U.S. Supreme Court.
Answer:
Federalism, separation of powers, and checks and balances are all intended to prevent
________ and the usurpation of state sovereignty.
Answer:
Procedural due process is the requirement that government treat persons fairly while it
attempts to interfere with their liberty ________.
Answer:
During the Warren Court era, the U.S. Supreme Court held that ________ is protected
by the Constitution in Griswold v. Connecticut, 381 U.S. 479 (1965).
Answer:
Describe the four primary methods of interpreting the U.S. Constitution.
Answer:
What is the definition of probable cause?
Answer:
In Immigration & Naturalization Service v. Chadha (1983), the U.S. Supreme Court
invalidated the legislative veto by a split 7-2 decision. Discuss whether you agree with
the opinion of the court or whether you agree with the dissenting opinion in the case.
Answer:Answers will vary.
What are the three exceptions to the strict scrutiny standard in alienage cases?
Answer:
Discuss whether you think all of the provisions in the Bill of Rights should be
incorporated to state and local governments, including the Seventh Amendment’s right
to a jury trial in civil cases, the Fifth Amendment’s right to grand jury indictment, and
the Eighth Amendment’s right to reasonable bail should be incorporated to the states.
Answer:Answers will vary.
The neutrality test is an approach to free ________ cases adopted in Employment
Division v. Smith (1990) that maintains that governmental policies that are neutral in
form and generally applied will be deemed constitutional, regardless of their adverse
impact on certain religious practices.
Answer: