In United States v. E. C. Knight Co. (1895) the Supreme Court held that the federal
government could not regulate the sugar -refining industry because the refining process
was an intrastate activity that had no direct effect on interstate commerce.
A. True.
B. False.
In Morse v. Frederick the Court decided that _______.
A. Schools may ban speech that may reasonably seem to promote drug use
B. Schools may not ban speech that may reasonably seem to promote drug use
C. Schools must allow speech that may reasonably seem to promote drug use but may
ask the students to carry out their speech away from the public eye
D. Schools may not suspend students for speech that may reasonably seem to promote
drug use but they may ask them to leave school grounds during rallies
Moving full circle from Schenck to Brandenburg, the Court settled on which test in
Brandenburg?
A. Clear and Present Danger Test
B. Preferred Freedoms Doctrine
C. Clear and Probable Danger Test
D. Imminent Lawless Action Test
Explain the difference between textualism and original meaning. Give at least one
example.
Answer:*A. Varies
Which of the following statements is true?
A. Although federal laws prohibit various forms of discrimination based on race and
sex, no law explicitly protects homosexuals.
B. While Americans’ views about blacks and women have changed since the early
1970s, they have remained more stable, and negative, toward gays and lesbians.
C. The Court struck down Section 3 of the Defense of Marriage Act in its Windsor
decision.
D. All of the above.
What rationale led the Court to hold that the city of St. Paul in R.A.V. violated the First
Amendment while it held Mitchell’s First Amendment rights were not violated by a
Wisconsin law a year later in Wisconsin v. Mitchell?
Answer:
*A. Varies
In a public park in Sweet Home, Oregon, a group of college students staged a peaceful
demonstration against the Iraq War. The protest included the singing of peaceful songs,
the display of banners condemning the acts of the U.S. government, and finally the use
of several “barrels of oil” that were really large containers filled with colored water. A
city ordinance stated that large groups must have a permit to gather in the park in
question, and that all gatherings must cease by 11:30 p.m. The students chanted and
marched all day on January 20, 2004, and continued until 11:30 that night, when local
police told them they had to vacate the area. Then, around midnight, the leader of the
group, Lee Segal, stood on a podium and shouted “U.S., we condemn you for a war that
is only meant to save your precious oilwe spit on your efforts!” At that instant he
pushed over five “barrels of oil” and shouted, “we do not need oil if it is going to kill
our brothers and sisters!” The police arrested Segal and several others for their actions.
They were charged with violating the terms of their permit because they had remained
after 11:30, even though they were warned to leave. They were also charged with
destruction of public property because the dye used to color the water in the symbolic
barrels destroyed several trees, the grass, a park bench, and two picnic tables. Segal
claimed his First Amendment rights were violated, and the ACLU took his case all the
way to the Supreme Court.
If you were a justice on the Court, how would you rule in this case?
Answer:
*A. Varies
Contrast substantive due process and the rational basis approach.
Answer:*A. Varies
Which of the following chief justices supported the concept of cooperative federalism?
A. Roger Taney
B. William Howard Taft
C. John Marshall
D. A and D
E. C and D
The Contract Clause _______.
A. applies to the actions of state governments
B. applies to the actions of the federal government
C. initially applied to the actions of the federal government, but today applies to both
the federal government and the states
D. initially applied to the actions of state governments, but today applies to both the
state governments and the federal government
In Fletcher v. Peck (1810; Yazoo land case) the Supreme Court _______.
A. allowed the state of Georgia to rescind its previously executed land sale contract
because the original contract was based on fraud and bribery
B. held that challenges to state-issued contracts cannot be heard by the federal courts
because of Eleventh Amendment prohibitions against suing states in federal court
C. struck down Georgia’s attempt to rescind its previously executed land sale contract in
spite of the fact that the original contract was based on fraud and bribery
D. allowed the state of Georgia to rescind a previously made contract, and the public
reaction to this ruling prompted the ratification of the Contract Clause
Explain how Stare Devises constrains the decisions justices make.
Answer:*A. Varies
What political body is in charge of apportionment (the devising of legislative districts)?
A. The U.S. Supreme Court
B. State supreme courts
C. State legislatures
D. The U.S. House of Representatives
In Rostker v. Goldberg the Court _______.
A. Deferred to the judgment of the military that only men should be drafted
B. Refused to defer to the military and ruled that women may be drafted too
C. Ruled the draft unconstitutional
D. Dismissed the case as improvidently granted
Describe the grounds on which the Supreme Court declared the legislative veto
unconstitutional in the case of Immigration and Naturalization Service v. Chadha
(1983).
Answer:*A. Varies
Charles River Bridge v. Warren Bridge (1837) was _______.
A. the last of the Marshall Court opinions strongly supporting the enforcement of the
Contract Clause
B. the first of the Taney Court opinions elevating the importance of the public good in
considering Contract Clause cases
In discrimination cases based on economic status, what test has the Court used when a
“fundamental” right, such as the right to vote, has been involved?
A. Strict scrutiny test.
B. Heightened scrutiny test.
C. Rational basis test.
D. The Court has not used any type of test in cases based on economic status.
Ex parte McCardle (1869; appeal of a journalist held for trial before a military tribunal)
_______.
A. upheld the authority of Congress to alter the Supreme Court’s appellate jurisdiction
B. struck down the law removing the Supreme Court’s jurisdiction to hear McCardle’s
appeal
C. held that habeas corpus rights could not be altered by Congress
D. upheld the constitutionality of criminal libel laws
The Preferred Freedoms Doctrine states that _______.
A. laws in conflict with the Bill of Rights are not presumed constitutional
B. the judiciary has a special responsibility to protect freedom of speech
C. the judiciary has a special responsibility to protect minority interests
D. All of the above
E. None of the above
Compare and contrast the “strict scrutiny” approach to restrictive abortion laws outlined
in Blackmun’s opinion in Roe and the “undue burden” approach O”Connor adopted in
later cases.
Answer:*A. Varies
Dual federalism places a great deal of emphasis on _______.
A. the Tenth Amendment
B. the Supremacy Clause
C. the Due Process Clause
D. the Privileges and Immunities Clause
E. C and D
Explain why Allgeyer v. Louisiana (1897) may have been the turning point for the use
of substantive due process to protect people’s liberty against government encroachment.
Answer:*A. Varies
Jeremy Stevens, an ardent leftist, was known for his outrageous stunts in his high
school of four hundred students in rural Southwest Minnesota. In his freshman year he
came to school dressed in a skirt to protest the policy that, while skirts may be worn, no
shorts may be worn to school between November 1 and April 1. When he was sent
home for indecent conduct, he returned in a traditional Scottish kilt. While under
suspension for violating school rules Stevens was granted the right to wear skirts after
he sought the advice of the local American Civil Liberties Union (ACLU) chapter.
During his junior year he drafted an editorial cartoon for the school newspaper that
depicted the principal as a drunkard. While the ACLU again wanted to help, it was
bound by the Supreme Court’s precedent that schools may edit, and restrict content in,
school newspapers. Stevens’s senior year has been tame, but he did wear a T-shirt to
school that proclaimed, “the president is a terrorist.” School officials asked him to
remove the shirt or go home and change. When he refused, Stevens was suspended for
two days. After consulting with the ACLU again, Stevens has decided to sue the school
district for violating his freedom of speech found in the First and Fourth Amendments.
The case has gone through the courts and has now reached the U.S. Supreme Court.
As a justice on the Court, how would you rule given the line of free speech cases
decided by the Court? Should Stevens be allowed to wear his T-shirt? Why or why not?
Be sure to cite cases from class to support your answers. There is no right answer, but
all your arguments must be logical and supported with case law.
Answer:
*A. Varies
In Nollan v. California Coastal Commission (1987; case involving a family’s request for
a permit to replace the existing home on their beachfront property with a new home) the
Court concluded that the fact that the new home would obstruct the view of the ocean
from the roadway was not a sufficient reason for the state to condition the building
permit on _______.
A. the Nollans limiting the height of their new home
B. the Nollans limiting the width of their new home
C. the Nollans building a public viewing area between the roadway and their home
D. the Nollans allowing the creation of a public pathway in front of their home
Which justice could not define obscenity but knew it when he/she saw it?
A. O”Connor
B. White
C. Powell
D. Stewart
According to Chicago, Burlington & Quincy Railroad v. Chicago (1897), _______.
A. Compensation for a taking is essential to the due process of law
B. Compensation for a taking is not essential to the due process of law
C. States may determine when a just compensation is essential
D. The federal government may determine when just compensation is essential
In United States v. Curtiss-Wright Export Corp. the Court decided that _______.
A. Congress has the authority to delegate powers to the executive
B. Congress does not have the authority to delegate powers to the executive
C. The executive has the power to delegate authority to the legislature
D. The executive does not have the power to delegate authority to the legislature
In Reynolds v. United. States the Court outlawed _______.
A. The “I am” religion
B. Polygamy
C. The freedom of religion
D. The establishment of religion
Discuss the three political factors that scholars believe may affect the justices’ decision
to place a
case on the Court’s docket. Give examples of each.
Answer:*A. Varies
In Mistretta v. U.S. (the Sentencing commission case) the Court ruled that _______.
A. Congress cannot delegate powers to an independent commission
B. Congress can delegate powers to an independent commission
C. The U.S. Sentencing commission is constitutional
D. The U.S. Sentencing Commission is unconstitutional
E. Both B and C
F. Both A and D
G. None of the above
The main function of the Judiciary Act of 1789 was to _______.
A. Establish lower federal courts
B. Establish military tribunals
C. Establish the Supreme Court’s original jurisdiction
D. Establish how judges would be appointed to the federal bench
Prior to 1964, _______.
A. States could not set any standards for libel.
B. All state laws covering libel were the same.
C. States were free to set their own standards for libel.
D. None of the above.
Which of the following statements is true?
A. InKarcher v. Daggett, the Court upheld congressional redistricting where the
population difference between the largest and smallest districts was 0.6984 percent.
B. The Court has allowed states much greater latitude in devising reapportionment
plans for state legislatures than for federal congressional districts.
C. The Court has created a specified mathematical standard for equality in federal
congressional redistricting that must be followed in all reapportionment decisions.
D. All of the above.
Why did the framers draft the contract clause on states rather than on the federal
government?
Answer:
*A. Varies
In Bush v. Gore, why did the dissenters argue that the Supreme Court should not have
heard the case?
Answer:
*A. Varies
How did the standard for public use change between Lucas and Kelo?
Answer:
*A. Varies
Explain the rationale the Court used in Windsor to strike down the Defense of Marriage
Act. How did the dissenters react to this argument?
Answer:
*A. Varies
How does the Court’s decision in Abrams differ from the standard it set in Schenck?
Answer:
*A. Varies
Explain how the Rehnquist Court resurrected the Takings Clause from Nolan through
Kelo. How does Stevens’ majority used by Scalia, Kennedy, and Rehnquist square with
the analysis used by earlier Courts?
Answer:
*A. Varies
Since ratification of the Fourteenth Amendment in 1868, the Supreme Court has been
asked to decide what kinds of discrimination violate the Constitution. First, what
specific part of the amendment applies to discrimination? Second, since 1868 how has
the Court’s interpretation of this part of the amendment and race discrimination more
generally changed, if at all? What factors do you think have been important in the
Court’s decision making to cause it either to change course or maintain the status
quo? In your essay, you need to bring in the cases on discrimination that we have read
and/or discussed in class to support your argument. Please do not simply write a
chronological summary of the cases, however. Instead, and you should use details about
the specific cases to elaborate and enrich your essay.
Answer:*A. Varies
Article II, Section 2, of the Constitution gives the president the power to appoint
officials with the advice and consent of the Senate. Explain how the Court has
distinguished between inferior and important officials. Does the Court’s opinion in
Morrison v. Olson make sense in light of earlier decisions that delineate between
important and inferior officials? Why or why not? Finally, does the president’s
appointment power differ from the removal power? In short, explain when a president
may remove officials without the consent of Congress, and when approval from
Congress is required. Should a president be able to remove all executive officials
without congressional approval? Why or why not?
Answer:
*A. Varies
Explain why the Southern states supported the requirement that taxes be apportioned on
the basis of population. What did the three-fifths compromise have to do with this
debate?
Answer:
*A. Varies
Using examples from the cases you have read, as well as from the Constitution, explain
the differences between procedural due process and substantive due process. Which
type of due process do you think the framers meant to include in the Fifth and
Fourteenth Amendments? Why?
Answer:
*A. Varies
Why might a litigant in an age discrimination case have a harder time winning his or
her case than a defendant in a racial discrimination case?
Answer:
A. Varies
Why did the Court protect the federal government from state taxes in McCulloch v.
Maryland?
Answer:
*A. Varies
What are three reasons it is important to understand the doctrine of substantive due
process?
Answer:
*A. Varies
In United States v. Lopez (1995) the Supreme Court held that the Gun-Free School
Zones Act was an unconstitutional use of the federal power to regulate commerce. Four
justices dissented in an opinion written by Justice Breyer. What was the basis of the
argument presented by the minority?
Answer:
*A. Varies
What historical argument do gun control supporters make to support the assertion that
the Second Amendment does not provide for an individual right to bear arms?
Answer:
*A. Varies
In his opinion in McCulloch v. Maryland (1819), what three factors does Chief Justice
Marshall use to evaluate whether a law is constitutional?
Answer:
*A. Varies
Under the authority of what provision of the Constitution did Congress pass the Civil
Rights Act of 1964?
Answer:
*A. Varies