Q&A Hero

Q: 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.

Q: 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.

Q: Procedural due process is the requirement that government treat persons fairly while it attempts to interfere with their liberty ________.

Q: What did the U.S. Supreme Court hold in Arizona v. California, 373 U.S. 546 (1963)?

Q: 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.

Q: The Takings Clause is a provision in Article I, Section 10, of the Constitution.

Q: What is the legislative veto?

Q: Statutes passed by Congress are found in the: A) U.S. Code. B) Federal Register. C) U.S. Statutes. D) Book of laws.

Q: In Kelo v. City of New London (2005), the U.S. Supreme Court held that a local government's taking of private homes for private land redevelopment was considered a public purpose.

Q: What is the difference between quasi-legislative and quasi-judicial functions of an administrative agency?

Q: Federal executive orders are published in the: A) U.S. Code. B) Federal Register. C) U.S. Statutes. D) Book of laws.

Q: The holding in Lawrence v. Texas is considered a landmark ruling in terms of procedural due process rights.

Q: What is the difference between executive and independent agencies?

Q: What power is traditionally held by states 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? A) Divine right B) Police power C) Power of the purse D) Inherent power

Q: In Lawrence v. Texas, the U.S. Supreme Court reversed its decision in Bowers v. Hardwick based on interpretation of the Fourteenth Amendment Due Process Clause.

Q: Match the term listed in Column 1 to its description in Column 2. A) a process used by administrative agencies to create rules and regulations that is less costly and less time consuming known as notice-and-comment rulemaking B) a term applied to the legislative functions of an administrative agency, such as rulemaking C) part of Congress's schedule occurring twice a month; a time especially set aside for legislation intended to amend or repeal administrative rule D) U.S. Supreme Court case where the court upheld delegation to the U.S. Sentencing Commission E) a term applied to the adjudicatory functions of an administrative agency, that is, taking evidence and making findings of fact and findings of law F) U.S. Supreme Court case invalidating the legislative veto that violated bicameral and presentment of bills or resolutions to the president requirements G) legislation that creates an agency and defines its powers is known as enabling legislation H legislation passed by Congress in 1946 to govern the procedures used by administrative agencies intended to curb the growing power of agencies I) ) an act of a legislature invalidating executive action in a particular instance. Generally, legislative vetoes are unconstitutional J) a process used by administrative agencies to create rules and regulations required only when mandated by statute known as rulemaking on the record K) the transfer of power from the president to an administrative agency 1. Mistretta v. United States (1989) 2. Corrections Day 3. legislative veto 4. formal rulemaking 5. Immigration & Naturalization Service v. Chadha (1983) 6. Administrative Procedure Act 7. enabling act 8. quasi-judicial 9. delegation of powers 10. quasi-legislative 11. informal rulemaking

Q: Which doctrine maintains the idea that state laws that unduly burden interstate commerce, even if the subject is unregulated by the national government, are invalid under federalism principles, because the regulation of interstate and foreign commerce belongs exclusively to the federal government? A) Preemption B) States rights C) Dormant Commerce Clause D) Sovereign Immunity

Q: 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.

Q: The Public ________ Doctrine is the rule providing that if a claim is public in nature and not private, Congress may delegate its adjudication to a nonArticle III tribunal.

Q: 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

Q: Since 1934, the U.S. Supreme Court generally has interpreted the Contract Clause in a manner that allows government to enact legislation that benefits the general welfare even if it interferes with private contracts.

Q: The Intelligible ________ Test is the test used to determine if Congress has provided an agency with sufficient guidance in the performance of a delegated duty.

Q: Which model of federalism maintains the theory that the national government is supreme to the state governments and that he powers of the national government are read broadly, and the Tenth Amendment is read as not granting any specific powers to the states? A) Dual Federalism B) Hierarchical federalism C) Cooperative federalism D) Competitive federalism

Q: In Obergefell v. Hodges (2015) where the court ruled that state bans on same-sex marriage were unconstitutional, the U.S. Supreme Court based its decision on both the Due Process Clause and the Equal Protection Clause.

Q: The Administrative ________ Act provides that agencies may use informal rulemaking unless formal rulemaking is required by statute.

Q: Which model of federalism maintains the theory that the national government and the state governments are coequal sovereigns? A) Dual Federalism B) Hierarchical federalism C) Cooperative federalism D) Competitive federalism

Q: The holding of the Obergefell v. Hodges (2015) case is limited to the facts of the particular case and will not serve as precedent for future cases dealing with civil rights and marriage rights.

Q: Formal rulemaking is process used by administrative agencies to create rules and regulations required only when mandated by ________.

Q: Assume that a state and the federal government hold concurrent jurisdiction over an issue and furthermore, both have enacted statutes to regulate the subject. However, the state statute is contrary to the federal law. The state law is: A) valid. B) invalid as preempted by the federal law under the Supremacy Clause. C) invalid as preempted by the Necessary and Proper Clause. D) invalid as violating the dormant Commerce Clause.

Q: In Planned Parenthood of Southern Pennsylvania v. Casey (1992), the U.S. Supreme Court moved away from the trimester-based approach adopted in Roe v. Wade and began using framework that divided pregnancy into two stagespreviability and postviability.

Q: Corrections ________ is part of Congress's schedule occurring twice a month; a time especially set aside for legislation intended to amend or repeal administrative rule.

Q: Which of the following was NOT intended to protect against tyranny? A) Separations of Power B) Federalism C) Checks and Balances D) Single Federal Executive

Q: In Roe v. Wade, the U.S. Supreme Court ruled that there are no limits to the right to privacy of a woman's right to choose to have an abortion.

Q: The term legislative ________ refers to any process whereby Congress reviews, and possibly reverses, an agency decision.

Q: Which of the following constitutional clauses has not contributed to the growth in federal power? A) Supremacy Clause of Art. VI. B) Necessary and Proper Clause of Art. I C) Powers Clause of the Tenth Amendment D) Commerce Clause

Q: The Ninth Amendment suggests that beyond those listed in the First through Eighth Amendments, there are other unenumerated rights that individuals retain that are to be protected against governmental intrusion.

Q: Quasi-legislative is a term applied to the ________ functions of an administrative agency.

Q: Which U.S. Supreme Court chief justice has left the greatest impact on the laws in the United States? Explain your position.

Q: The strict constructionist approach to interpreting the Due Process Clause in the U.S. Constitution looks to the original intent to assess what the authors of the due process clause meant or intended by the term "liberty."

Q: Quasi-judicial is a term applied to the ________ functions of an administrative agency.

Q: If you were living at the time of the ratification of the U.S. Constitution, explain which political party you would support more: the Federalists or Anti-Federalists.

Q: Substantive due process concerns the type or substance of behavior that is included as a "liberty" under the due process clause.

Q: Malfeasance, misfeasance, and neglect of duty are commonly recognized by Congress as ________ for removal of officers of independent agencies.

Q: What impact did the Warren Court era leave on modern constitutional law?

Q: Procedural due process is the requirement that government treat persons fairly while it attempts to interfere with their liberty interests.

Q: The heads of executive agencies are under control of the ________.

Q: How has the U.S. legal concepts of judicial review and a written constitution provided a basis for other countries to follow?

Q: The Due Process Clause is found in both the Fifth and Fourteenth Amendments.

Q: Bankruptcy judges are considered Article III judges nominated by the President and confirmed by the Senate.

Q: The ideas of which philosophers served as a basis for the founding of the U.S. constitution?

Q: 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

Q: Administrative agencies may perform both quasi-legislative and quasi-judicial functions.

Q: What were the arguments against ratification of the U.S. Constitution?

Q: 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

Q: Informal rulemaking is known as rulemaking on the record.

Q: Match the term listed in Column 1 to its description in Column 2. A) a person who supports a strong, centralized government B) a legislative act that inflicts capital punishment upon named persons without a judicial trial C) a right existing under natural law, independent of manmade law D) four federal laws enacted in 1798 in anticipation of war with France that required alien registration, empowered the president to deport all aliens from nations that were at war with the United States E) a law making a person criminally liable for an act that was not criminal at the time it was committed F) a person who opposes establishment of a strong, centralized government in favor of local control G) principle that all people and the government itself are obliged to follow legitimately enacted and fairly enforced laws H) the power of the judiciary, as the final interpreter of the law, to declare an act of a coordinate governmental branch of state unconstitutional I) a writ whose purpose is to obtain immediate relief from illegal imprisonment by having the "body" (i.e., the prisoner) delivered from custody and brought before that court J) the concept that there exists, independent of manmade law, a law laid down by God or by nature, which human society must observe in order to be happy and at peace 1. ex post facto law 2. rule of law 3. anti-Federalist 4. habeas corpus 5. bill of attainder 6. Federalist 7. natural law 8. judicial review 9. natural right 10. Alien and Sedition Acts

Q: 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

Q: During Roosevelt's New Deal, the Supreme Court invalidated several laws as excessive delegations of legislative powers.

Q: Some of the important federalism cases decided during the era of the ________ Court are United States v. Lopez, 115 S. Ct. 1624 (1995), and Morrison v. United States, 529 U.S. 598 (2000), both limiting Congress's power over interstate commerce

Q: Which case held that state bans on same-sex marriage were unconstitutional because they violated liberty interests under the Fourteenth Amendment Due Process Clause? A) Lochner v. New York B) Obergefell v. Hodges C) Kelo v. City of New London D) United States v. Windsor

Q: A delegation may be violative of the Constitution if it places control over an essential function of one branch in another branch.

Q: 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).

Q: Which case involves the so-called "liberty of contract?" A) Lochner v. New York B) Hawaii Housing Authority v. Midkiff C) Kelo v. City of New London D) Lucas v. South Carolina Coastal Commission

Q: There are no limits to the congressional delegation power to administrative agencies.

Q: The ________ Court is known for establishing the supremacy of the national government over the state governments.

Q: What term is used to describe the ability of government to take private property for public use under the Fifth Amendment? A) Confiscation B) Seizure C) eminent domain D) quarantine

Q: For purely executive agencies, presidents can direct lower officials, within the bounds of the law.

Q: The first case where the U.S. Supreme Court used judicial review to invalidate federal action was ________ v. Madison.

Q: Each of the following cases involves a dispute surrounding the contract clause EXCEPT: A) Fletcher v. Peck. B) Trustees of Dartmouth College v. Woodward. C) Kelo v. City of New London. D) Home Building & Loan Association v. Blaisdell.

Q: With the exception of independent agencies, the president acts as the chief of the administrative state.

Q: 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.

Q: Each of the following cases involves a dispute over the "takings clause" EXCEPT: A) Pennsylvania Coal Co. v. Mahon. B) Agins v. Tiburon. C) Nollan v. California Coastal Commission. D) Fletcher v. Peck.

Q: Congress may delegate the adjudication of public rights to administrative agencies.

Q: American constitutional law is commonly divided into two fields of study: one focusing on governmental authorities and structures and another examining ________ liberties.

Q: 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

Q: Congress may limit the President's power to remove the Attorney General to good cause.

Q: Philosophers, such as John Locke and Charles Montesquieu, advanced the theory that sovereignty rests not with the monarch but with the ________.

Q: What case marks the "Switch in Time That Saved Nine?" A) West Coast Hotel v. Parrish B) Lochner v. New York C) Fletcher v. Peck D) Agins v. Tiburon

Q: The "nondelegation doctrine" is rooted in federalism principles.

Q: The concept that there exists, independent of manmade law, a law laid down by God or by nature, which human society must observe in order to be happy and at peace is known as the ________ law.