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Question
The _____ theory holds that the president's constitutional power extends to anything not expressly forbidden, so long as it serves the public interest and does not conflict with existing legislation.a. literalist/limiting
b. constitutional
c. stewardship
d. originalist
Answer
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Related questions
Q:
Ex parte Milligan arose as a result of _____.
a. World War II
b. the Vietnam War
c. the invasion of Afghanistan by the United States
d. the Civil War
Q:
"Inter arma silent leges" means _____.
a. "in time of war the laws must be observed"
b. "during wartime, victory must be secured at all costs"
c. "in time of war the laws are silent"
d. "in time of war the laws are rarely silent"
Q:
In United States v. United States District Court, the Supreme Court ruled _____.
a. 9"0
b. 8"1
c. 6"3
d. 5"4
Q:
In the Civil Rights Cases (1883), the Supreme Court reasoned that _____.
a. the Fourteenth Amendment prohibited state discrimination only
b. the Fourteenth Amendment prohibited state and private discrimination
c. the Civil Rights Act of 1875 was a legitimate exercise of congressional authority
d. section 5 of the Fourteenth Amendment authorized Congress to eradicate all forms of racism
Q:
Washington v. Glucksberg involved _____.
a. consensual sodomy
b. assisted suicide
c. an abortion law
d. symbolic speech
Q:
In Cruzan v. Missouri Health Department (1989), the Supreme Court held that a state must demand the clear and convincing evidence standard as a means of guarding against potential abuses of the "substituted judgment" doctrine.
a. TRUE
b. FALSE
Q:
In Bowers v. Hardwick (1986), the Supreme Court _____.
a. struck down a state law that making it a crime to engage in homosexual sodomy
b. upheld a state law as applied to homosexual sodomy
c. upheld a state law as applied to heterosexual sodomy
d. struck down a state law prohibiting single-sex marriages
Q:
In _____, the Supreme Court specifically held that the right of privacy "is broad enough to encompass a woman's decision whether . . . to terminate her pregnancy."
a. Griswold v. Connecticut (1965)
b. Maher v. Roe (1977)
c. Planned Parenthood v. Casey (1992)
d. Roe v. Wade (1973)
Q:
Section 5 of the Fourteenth Amendment grants Congress the authority to legislate in the field of _____.
a. eminent domain
b. presidential power
c. civil rights
d. international relations
Q:
Zelman v. Simmons-Harris concerned _____.
a. school vouchers
b. Bible reading in public schools
c. prayer at high school football games
d. a nativity scene on public property
Q:
The test from Lemon v. Kurtzman was strengthened in Agostini v. Felton.
a. TRUE
b. FALSE
Q:
In Wallace v. Jaffree (1985), the Supreme Court _____ an Alabama law that required students in public schools to _____.
a. reviewed; recite an official prayer composed by the state board of education
b. upheld; study "creation science" as well as the theory of evolution
c. struck down; observe a moment of silence at the start of each school day
d. struck down; remain silent during graduation prayers
Q:
_____ was the first case in which the Supreme Court applied the establishment clause to the states via the Fourteenth Amendment.
a. Cantwell v. Connecticut (1940)
b. Everson v. Board of Education (1947)
c. Abington v. Schempp (1963)
d. Sherbert v. Verner (1963)
Q:
Benjamin Gitlow was a member of _____.
a. the Communist Party
b. the Democratic Party
c. the Republican Party
d. the Socialist Party
Q:
In RAV v. St. Paul (1992), the Supreme Court concluded that St. Paul's ban on cross burning _____.
a. violated the free speech clause of the First Amendment
b. did not violate the free speech clause of the First Amendment
c. was aimed at action rather than speech and thus did not present a First Amendment problem
d. was prohibited by the equal protection clause of the Fourteenth Amendment
Q:
Personally abusive epithets or insults that are intended to and inherently likely to provoke violence are known as _____.
a. obscenities
b. fighting words
c. hate speech
d. solicitations
Q:
In Terry v. Ohio (1968), the Supreme Court allowed a(n) _____ on the basis of _____.
a. pat-down search; reasonable suspicion
b. arrest; reasonable suspicion
c. arrest; drug courier profile
d. warrantless search; testimony from an unidentified informant
Q:
District of Columbia v. Heller involved _____.
a. the commerce clause
b. the due process clause
c. the Second Amendment
d. the Third Amendment
Q:
As a result of the decision in Charles River Bridge Co. v. Warren Bridge Co., shareholders of the Charles River Bridge Co. were jubilant.
a. TRUE
b.FALSE
Q:
According to Justice Johnson in Gibbons v. Ogden, Congress's power to regulate commerce was _____.
a. concurrent
b. resulting
c. exclusive
d. joint
Q:
In Baker v. Carr (1962), the Supreme Court invalidated a 1901 Tennessee law that disproportionately drafted state legislative districts.
a. TRUE
b. FALSE
Q:
McCulloch v. Maryland concerns a ______.
a. telegraph line
b. bridge
c. bank
d. railroad
Q:
The necessary and proper clause is the source of the doctrine of ______.
a. judicial review
b. implied powers
c. concurrent powers
d. exclusive powers
Q:
The necessary and proper clause is found in ______.
a. Article III
b. the First Amendment
c. Article I
d. All of the above
Q:
The Constitution's supremacy clause is found in ______.
a. Article I
b. Article III
c. Article V
d. Article VI
Q:
In Nixon v. United States (1993), the Supreme Court held that _____.
a. Nixon's claim of absolute privilege was invalid
b. Nixon's impeachment, conviction, and removal was unconstitutional
c. Nixon's conviction and removal by the Senate was a political question, and thus nonjusticiable
d. None of the above
Q:
According to Supreme Court doctrine, which of the following statements, if any, is true?
a. A president is immune from a civil lawsuit that arises out of his unofficial conduct that occurred prior to him becoming president.
b. A president is entitled to absolute immunity from damages liability predicated on his official acts.
c. A president may never be subject to a criminal investigation or civil action so long as he is "in office."
d. None of the above statements is true.
Q:
President Nixon claimed that he should not have to comply with a subpoena demanding that he provide certain tape recordings to a federal district court because the subpoena violated ______.
a. his right against self-incrimination
b. his right to confrontation
c. executive privilege
d. due process
Q:
In _____ the Supreme Court rejected the president's inherent power to authorize military tribunals to try civilians where civilian courts were open and fully operating.
a. Goldwater v. Carter (1979)
b. Ex Parte Milligan (1868)
c. Myers v. United States (1926)
d. Ex Parte Merryman (1861)
Q:
In Scott v. Sandford, on what part of the Constitution did Chief Justice Taney rely in invalidating the Missouri Compromise?
a. Article I
b. Article IV
c. First Amendment
d. Fifth Amendment