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Constitutional Law
Q:
Any state or local law that conflicts with the Constitution or a treaty of the United States is invalid because of the ________ Clause found in Article VI of the U.S. Constitution.
Q:
In which case can the following quotation be found?
"[T]he legislation and histories of the times, and the language used in the Declaration of Independence, show, that neither the class of persons who had been imported as slaves, nor their descendants, whether they had become free or not, were then acknowledged as a part of the people, nor intended to be included in the general words used in that memorable instrument . . ."
A) Plessy v. Ferguson
B) Brown v. Board of Education of Topeka (I)
C) Civil Rights Cases of 1883
D) Dred Scott v. Sandford
Q:
Pursuant to the Supremacy Clause, the federal government has greater authority to regulate the states than the state do to regulate the federal government.
Q:
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.
Q:
What standard of constitutional review is applied to income-based discrimination?
A) Strict Scrutiny
B) Intermediate Scrutiny
C) Rational Basis
D) Discriminatory Impact
Q:
For purposes of the Privileges and Immunities Clause of Article IV, a fundamental right is defined as any right found in the Bill of Rights that is intended to protect the individual from excessive behavior of his state.
Q:
Federalism, separation of powers, and checks and balances are all intended to prevent ________ and the usurpation of state sovereignty.
Q:
What standard of constitutional review is applied to race-based discrimination?
A) Strict Scrutiny
B) Intermediate Scrutiny
C) Rational Basis
D) Discriminatory Impact
Q:
The dormant Commerce Clause does not limit a state when it is acting as a market participant, rather than as a regulator.
Q:
The common vehicle for presidential lawmaking is the executive order.
Q:
What standard of constitutional review is applied to sex-based discrimination?
A) Strict Scrutiny
B) Intermediate Scrutiny
C) Rational Basis
D) Discriminatory Impact
Q:
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.
Q:
State constitutions are the highest form of law for state law subjects.
Q:
Which justice wrote the dissenting opinion in both the Civil Rights Cases (1883) and Plessy v. Ferguson?
A) Roger Taney
B) John Harlan
C) John Marshall
D) William Rehnquist
Q:
Under the dormant Commerce Clause, a state law that discriminated against out-of-state participants is presumed invalid.
Q:
Legislation that conflicts with the U.S. Constitution may be declared void by the President.
Q:
Why did the Supreme Court reject Dred Scott's petition for freedom?
I. The filed his petition in the wrong federal court.
II. res judicata
III. He was not a person under the law.
IV. The Missouri Compromise was unconstitutional.
A) I and II
B) III and IV
C) I and III
D) I, II, III
Q:
The U.S. Supreme Court held that the federal government's extensive regulation of tobacco, including an express preemption of state labeling and warning requirements about smoking and health, did not preempt a state law tort claim for fraudulent advertising by a tobacco company in:
A) Wyeth v. Levine.
B) Riegel v. Medtronic, Inc.
C) Altria Group v. Good.
D) Preston v. Ferrer.
Q:
No branch is completely independent in the performance of its functions.
Q:
Prior to 1954, if a state wanted to enact a program that separated individuals based on their race, but still provide both sets of persons equal services, what would the government have to demonstrate for this program to be deemed constitutional?
A) it was rationally related to a legitimate governmental interest
B) it was necessary to promote a compelling governmental interest
C) there was only minimal state action involved
D) it was substantially related to an important governmental interest
Q:
The U.S. Supreme Court held that all extensive regulation of foreign affairs by a state is prohibited, either by implicit preemption or simply because the states lack the authority to delve too deeply into international matters in:
A) Preston v. Ferrer.
B) Riegel v. Medtronic, Inc.
C) Crosby v. National Trade Council.
D) AT&T v. Concepcion.
Q:
Judges may be removed through impeachment by Congress.
Q:
Is the federal government obligated to avoid denying persons the equal protection of the law? Why or why not?
A) No, because the equal protection clause only applies to the states
B) Yes, because it's the right thing to do
C) No, because the federal government does not have a history of discrimination
D) Yes, because the Fifth Amendment Due Process Clause contains this obligation
Q:
The U.S. Supreme Court upheld a federal law governing medical devices that preempted state tort law actions for injuries resulting from the medical devices in:
A) Preston v. Ferrer.
B) Riegel v. Medtronic, Inc.
C) Crosby v. National Trade Council.
D) AT&T v. Concepcion.
Q:
Through judicial review, the judiciary checks the president's actions for constitutionality.
Q:
Discuss whether the holding in Lawrence v. Texas should be extended to recognizing liberty interests for prostitution involving consenting adults under the Due Process Clause. Explain your position.
Q:
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.
Q:
As a check on the president, the U.S. Supreme Court holds the authority of impeachment and removal.
Q:
What is your reaction to the Obergefell v. Hodges decision? Explain your position.
Q:
The U.S. Supreme Court extended state immunity from liability under the federal Americans with Disabilities Act in:
A) Kimel v. Florida Board of Regents.
B) Board of Trustees of University of Alabama v. Garrett.
C) Nevada Department of Human Resources v. Hibb.
D) Chisholm v. Georgia.
Q:
The Bill of Rights was intended to be applied only against the national government.
Q:
What is the liberty of contract?
Q:
The U.S. Supreme Court extended state immunity from liability under the federal ADEA in:
A) Kimel v. Florida Board of Regents.
B) Board of Trustees of University of Alabama v. Garrett.
C) Nevada Department of Human Resources v. Hibb.
D) Chisholm v. Georgia.
Q:
Presidential executive orders have the authority of congressional enacted statues, assuming presidential authority over the subject regulated exists.
Q:
What did the U.S. Supreme Court decide in Lawrence v. Texas?
Q:
Which constitutional provision provides that a state's judicial acts must be given the same effect by the courts of all other states as they receive at home?
A) Full Faith and Credit Clause
B) Interstate Commerce Clause
C) Interstate Rendition Clause
D) Equal Protection Clause
Q:
The so-called "police power" is generally a state power.
Q:
What was the basis for the U.S. Supreme Court decision in Obergefell v. Hodges?
Q:
Which constitutional amendment was ratified to counter the Supreme Court's decision in Chisholm v. Georgia (1793), which held that states may be held liable in federal courts?
A) Tenth Amendment
B) Eleventh Amendment
C) Twelfth Amendment
D) Fourteenth Amendment
Q:
Under a cooperative federalism approach, the federal government is dominate and more powerful than the states.
Q:
What did the U.S. Supreme Court decide in Gonzales v. Carhart (2007)?
Q:
Which case held that the federal government's Fair Labor Standards Act provisions were binding on the states?
A) U.S. v. Lopez
B) U.S. v. Morrison
C) Garcia v. San Antonio Metro Transit Authority
D) New York v. United States
Q:
Under a dual federalism approach, the federal government is dominate and more powerful than the states.
Q:
What is the constitutional basis for recognizing and protecting a right of privacy?
Q:
Under the Due Process Clause, in order for a state to tax out-of-state individuals, there be a(n) ________ between a state and the person taxed.
A) contract
B) minimum contact
C) long-term relationship
D) agreement to tax
Q:
The Framers intended for the federal government to have limited powers and the states to have those powers not delegated to the federal government.
Q:
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?
Q:
What doctrine maintains provides that if a subject of interstate commerce is national in character, then regulation of that subject is exclusively federal?
A) Cooley doctrine
B) Smith doctrine
C) Non-delegation doctrine
D) Affectation doctrine
Q:
The Constitution creates three independent branches of government at the federal level, each delegated certain powers that are held exclusively.
Q:
What is the difference between the constitutional rights to substantive due process and procedural due process?
Q:
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.
Q:
The Framers of the United States Constitution divided governmental power between the states and federal government, and between the three branches at the federal level, in order to prevent tyranny.
Q:
The eminent domain power is found in the ________ Amendment.
Q:
Interpretation of state laws are finally decided by:
A) State high courts.
B) U.S. Supreme Court.
C) State legislatures.
D) Congress.
Q:
Federalism refers to the division of governmental powers into three branches, legislative, executive, and judicial.
Q:
In Lawrence v. Texas, the U.S. Supreme Court struck down a state law banning same-sex ________.
Q:
If a state court decides a case on independent and adequate state ground, the Supreme Court:
A) will not review the federal issues.
B) will review the federal issues if parallel to the state issues.
C) will review all federal issues.
D) will review the state issues.
Q:
Which of the following is an exclusive power of the federal government?
A) taxing citizens
B) coining money
C) constructing roads
D) borrowing money
Q:
In Obergefell v. Hodges (2015), the U.S. Supreme Court ruled that state bans on same-sex marriage were unconstitutional because they violated liberty interests under the ________ Amendment Due Process Clause.
Q:
Which of the following models of state-federal constitutionalism is most often applied?
A) Primary
B) Dual Sovereignty
C) Interstitial
D) Interspatial
Q:
Which article under the U.S. Constitution contains the Supremacy Clause?
A) Article I
B) Article III
C) Article IV
D) Article VI
Q:
In Planned Parenthood of Southern Pennsylvania v. Casey (1992), the U.S. Supreme Court adopted an undue ________ standard for abortion cases. Under this standard, the Court asks whether the challenged regulation imposes an undue burden on a woman's right to access or obtain an abortion.
Q:
The "New Federalism" refers to:
A) the increase in federal power.
B) the increase in the significance of state constitutional law.
C) the increase in the importance of state statutory law.
D) the decrease in federal power.
Q:
Which constitutional amendment states that the "powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people"?
A) First Amendment
B) Fourth Amendment
C) Fifth Amendment
D) Tenth Amendment
Q:
The ________ Amendment which provides that "[t]he enumeration of certain rights in the bill of rights, shall not be construed to deny or disparage others retained by the people" is considered one source to recognizing the right of privacy.
Q:
Which of the following is the best description of the selective incorporation doctrine?
A) All of the rights found in the Bill of Rights are incorporated and apply against the states.
B) Those rights found in the Bill of Rights that are fundamental and necessary to an ordered liberty are incorporated and apply against the states.
C) Those rights that are fundamental and necessary to an ordered liberty, but not found in the Bill of Rights are incorporated and apply against the states.
D) All of the above.
Q:
Which article under the U.S. Constitution sets forth the powers of the President?
A) Article I
B) Article II
C) Article III
D) Article IV
Q:
Some U.S. Supreme Court justices take the original ________ approach to interpreting the Constitution and use what the legal culture understood (as opposed to what the drafters intended) under the provision when it was originally written.
Q:
Plaintiff obtains a judgment in an Oklahoman court. All of the defendant's property is located in Nebraska. What constitutional provision provides Plaintiff with a remedy in Nebraska?
A) Full Faith and Credit Clause
B) Interstate Commerce Clause
C) Interstate Rendition Clause
D) Equal Protection Clause
Q:
Which article under the U.S. Constitution sets forth the powers of Congress?
A) Article I
B) Article II
C) Article III
D) Article IV
Q:
Some U.S. Supreme Court justices take the original ________ approach to interpreting the Constitution and use historical analysis to assess what the authors of the Constitution meant or intended by a particular term or provision, including the term liberty within the Due Process Clause.
Q:
What role does Congress play, if any, in the development of interstate compacts?
A) Congress does not play a role.
B) Congress alone may initiate compacts.
C) Congress must approve compacts.
D) Both B and C are correct.
Q:
Which article under the U.S. Constitution gives the power of the president to nominate federal court judges?
A) Article I
B) Article II
C) Article III
D) Article IV
Q:
A strict ________ approach to interpreting the Constitution is one that strictly construes the explicit words of the Constitution to determine whether a particular right is protected.
Q:
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.
Q:
Who has the power to confirm federal court judges nominated by the President?
A) House
B) Senate
C) both the House and the Senate
D) State Legislatures
Q:
Substantive due process concerns the type or substance of behavior that is included as a(n) ________ under the due process clause.
Q:
In Department of Transportation v. Association of American Railroads, the U.S. Supreme Court held that Amtrak is more like a public entity than a private entity but remanded the case back to the lower court to consider questions about how Amtrak's board is appointed and whether there are due process concerns with giving Amtrak regulatory authority over its own industry. Conduct research involving the Amtrak litigation and explain your position on the issues.
Q:
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.
Q:
The Due Process Clause is a provision found in both the Fifth and ________ Amendments.