Q&A Hero

Q: The Court's theory of "liberty of contract" was developed during what era of the Court? A) Economic freedom era B) Dark era C) Laissez Faire era D) The Roosevelt Court era

Q: A transfer of lawmaking power (rulemaking) from Congress to an administrative agency is known as delegation.

Q: The Federalist ________ written by James Madison, Alexander Hamilton, and John Jay, are a series of eighty-five articles under the pseudonym Publius making forceful arguments in support of the Constitution.

Q: What case was reversed by the Court's decision in Lawrence v. Texas? A) Washington v. Glucksberg B) Gonzalez v. Oregon C) Bowers v. Hardwick D) Santa Clara County v. Southern Pacific Railroad Co.

Q: Federal agencies are created and defined by the President.

Q: A(n) ________ is a person who supports a strong, centralized government.

Q: What term is used to describe a legal document that provides a person's wishes in case of a medical emergency? A) Legal Directive B) Living Will C) Power of Attorney D) Delegation of Death

Q: An independent administrative agency is one which generates its own revenues through bonds and other measures, rather than relying on appropriations from Congress.

Q: The higher the court is, the more likely it is that its decisions will be published.

Q: Which case does NOT involve abortion regulations? A) Bigelow v. Virginia B) Bellotti v. Baird C) Harris v. McRae D) Gonzales v. Oregon

Q: Article III establishes federal administrative agencies.

Q: The U.S. Supreme Court does not have the authority to declare an act of the President unconstitutional.

Q: Which case recognized a constitutional right to privacy? A) Bowers v. Hardwick B) Griswold v. Connecticut C) Glucksberg v. Washington D) Lochner v. New York

Q: In which U.S. Supreme Court case did the court upheld a delegation to administrative officers to recover "excessive profits" when renegotiating contracts involving war goods.? A) Touby v. United States B) Gomez v. United States C) Lichter v. United States D) Schechter Poultry Corp. v. United States

Q: In Marbury v. Madison, the U.S. Supreme Court used judicial review to nullify an act of Congress.

Q: 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

Q: In which U.S. Supreme Court case did the court strike down legislation passed by Congress as part of President Roosevelt's New Deal based on the nondelegation doctrine? A) Touby v. United States B) Gomez v. United States C) Lichter v. United States D) Schechter Poultry Corp. v. United States

Q: During the Rehnquist Court area, the U.S. Supreme Court took a very liberal approach to economic and states' rights.

Q: What amendment suggests that there are more liberties than those specifically enumerated in the Bill of Rights? A) Third B) Fifth C) Ninth D) Fourteenth

Q: For independent agencies, presidents (or officers who report to the president) often possess "for-cause" removal authority, as defined by: A) the agency. B) Congress. C) the President. D) the U.S. Supreme Court.

Q: During the Taney Court area, the U.S. Supreme Court's philosophy changed from strongly nationalist to one favoring states' rights.

Q: 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

Q: Once created, agencies fall into the ________ branch of government. A) legislative B) executive C) judicial D) fourth

Q: The rule of law is the principle that all people and the government itself are obliged to follow legitimately enacted and fairly enforced laws.

Q: A penumbra is a: A) lunar shadow. B) broken umbrella. C) type of abortion procedure. D) confidential news source.

Q: Who appoints the heads of executive agencies? A) the President B) the Vice President C) the House D) the Senate

Q: Having a written constitution that recognizes individual rights guarantees that the rule of law exists in all countries.

Q: Which U.S. Supreme Court case adopted the undue burden standard for abortion case? A) Planned Parenthood of Pennsylvania v. Casey B) Roe v. Wade C) Webster v. Reproductive Health Services D) Gonzalez v. Carhart

Q: Which of the following is NOT a factor used by the Court to determine whether a congressional delegation of judicial authority to an administrative agency is constitutional? A) The origins and importance of the right(s) to be adjudicated. B) The extent to which the essential attributes of judicial power are reserved to Article III judges. C) The amount in controversy. D) The reasons Congress chose to vest the adjudicatory power in an administrative officer or tribunal.

Q: There are two methods to amend the Constitution and both have been used.

Q: Which case addresses so-called partial-birth abortions? A) Gonzalez v. Carhart B) Webster v. Reproductive Health Services C) Rust v. Sullivan D) Planned Parenthood v. Casey

Q: What is the doctrine that gives agencies deference to reasonable agency interpretations of the ambiguous provisions of the statutes they administer because the agencies have greater expertise and experience in their policy areas? A) Chevron Doctrine B) delegation doctrine C) public rights doctrine D) nondelegation doctrine

Q: The first state to ratify the Constitution was Delaware.

Q: Explain your position on whether the phrase "In God We Trust" in currency violates the Establishment Clause? Explain your position.

Q: In which U.S. Supreme Court case did the court find a valid delegation of authority to the Secretary of the Interior because the statute ordered the secretary to consider various factors? A) Touby v. United States B) Mistretta v. United States C) Immigration & Naturalization Service v. Chadha D) Arizona v. California

Q: The decision of the delegates to the Philadelphia Constitutional Convention to have the President of the United States elected through the electoral college is known as the Great Compromise.

Q: Discuss your position on whether the Free Exercise Clause prohibits a state from regulating consenting adults from engaging in polygamy or plural marriage.

Q: In which U.S. Supreme Court case did the court uphold delegation to the U.S. Sentencing Commission? A) Touby v. United States B) Mistretta v. United States C) Immigration & Naturalization Service v. Chadha D) Arizona v. California

Q: James Madison wrote the Virginia Plan, which would be the working document of the Philadelphia Constitutional Convention.

Q: What did Congress attempt with enactment of the Religious Freedom Restoration Act and the Religious Land Use and Institutionalized Persons Act?

Q: In which U.S. Supreme Court case did the court invalidate the legislative veto? A) Touby v. United States B) Mistretta v. United States C) Immigration & Naturalization Service v. Chadha D) Arizona v. California

Q: Of the thirteen original states, only Massachusetts was not represented at the Philadelphia Constitutional Convention.

Q: What does the neutrality test provide?

Q: What does the acronym ALJ mean? A) Administrative Legal Judge B) Administrative Law Judge C) Administrative Legal Justice D) Administrative Law Justice

Q: A federalist was a person who supported creating a strong, centralized government.

Q: Explain the three tests used by the Court to interpret and apply the Establishment Clause.

Q: 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

Q: The national government under the Articles of Confederation did not have the power to directly tax citizens.

Q: Explain the difference between the accommodationist approach and the separationist approach to the First Amendment religion clauses.

Q: What case involved the delegation of voir dire in criminal cases? A) Touby v. United States B) Gomez v. U.S. C) Peretz v. U.S. D) Samuels v. U.S.

Q: The mandate of the delegates to the Philadelphia Convention of 1787 from their states was to draft a new constitution.

Q: What role did James Madison play in the enactment of the Establishment Clause and Free Exercise Clause?

Q: Which case involved administrative regulation of the manufacture Euphoria? A) Touby v. United States B) Gomez v. U.S. C) Peretz v. U.S. D) Samuels v. U.S.

Q: What is the name of the publication for cases from the United States District Courts? A) Federal Supplement B) Northeast Reporter C) Federal Reporter D) Federal Appendix

Q: 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.

Q: The rule providing that if a claim is public in nature and not private, Congress may delegate its adjudication to a nonArticle III tribunal is called: A) public rights doctrine. B) public access doctrine. C) non-delegation doctrine. D) rule of adjudication.

Q: What is the name of the publication for cases from the United States Courts of Appeals? A) Supreme Court Reporter B) Lawyer's Edition C) Federal Reporter D) United States Reports

Q: 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.

Q: The test used to determine if Congress has provided an agency with sufficient guidance in the performance of a delegated duty is called: A) act of guidance. B) delegation test. C) intelligible principle. D) agency assessment.

Q: What is the name of the official publication for U.S. Supreme Court cases published by the federal government? A) Supreme Court Reporter B) Lawyer's Edition C) Federal Reporter D) United States Reports

Q: The ________ test provides that government may not take action that makes it appears as though it is endorsing a particular faith.

Q: A statute that gives the government the power to enforce other legislation or that carries out a provision of a constitution is called a(n): A) enabling act. B) Act of Authority. C) delegation of authority. D) vesting.

Q: The landmark ruling in Brown v. Board of Education occurred during which judicial era? A) Taney Court B) Rehnquist Court C) New Deal Era D) Warren Court

Q: The Lemon test is a legal standard developed by the U.S. Supreme Court in 1971 to evaluate ________ Clause cases.

Q: Administrative law judges are: A) Article I judges. B) Article II judges. C) Article III judges. D) Article IV judges.

Q: In U.S. v. Nixon, the Supreme Court considered what item of evidence? A) Iran Contra Affair B) Watergate tapes C) William Marbury's commission D) Vietnam information

Q: The two religion clauses in the First Amendment are the Establishment Clause and Free ________ Clause.

Q: 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.

Q: A term referring to the concept that there exists, independent of manmade law, a law laid down (depending upon one's beliefs) by God or by nature, which human society must observe in order to be happy and at peace is referred to as: A) Divine Province. B) Natural Law. C) Manifest Destiny. D) Aaron's Law.

Q: To fully understand the scope of the religion clauses, one must appreciate how the U.S. ________ Court has interpreted and enlarged the critical terms of these provisions.

Q: For a delegation to be constitutional, Congress must provide the delegate agency with: A) an intelligible principle from which to act. B) specific guidance to direct its actions. C) no guidance is required. D) all the above.

Q: Today, a series of eighty-five articles that were published under the pseudonym Publius in magazines and newspapers urging the ratification of the new Constitution are known as the: A) Federalist Papers. B) Communist Manifesto. C) Articles of Confederation. D) Declaration of Statehood.

Q: The separationist approach is a view of the religion clauses that generally asserts that government should remain ________ separate or removed from religious activity.

Q: Discuss whether you would support a law in your state to reallocate your state's electoral votes to the presidential candidate who wins the majority of votes on a national scale rather than the candidate who wins the state. Explain your position.

Q: A writ whose purpose is to obtain immediate relief from illegal imprisonment by having the "body" (that is, the prisoner) delivered from custody and brought before that court is called: A) Ex post facto law. B) Bill of Attainder. C) Act of Sedition. D) Habeas Corpus.

Q: The ________ approach to the First Amendment religion clauses is an interpretation of the religion clauses that maintains that it is appropriate for government to accommodate or otherwise assist religious interests or organizations.

Q: Discuss whether you would support or oppose a constitutional amendment that would give the President of the United States the line item veto power. Explain your position.

Q: A law that makes someone criminally liable for an act that was not criminal at the time it was committed is called a(n): A) Ex post facto law. B) Bill of Attainder. C) Act of Sedition. D) Habeas Corpus.

Q: James Madison wrote the 1785 publication entitled Memorial and Remonstrance Against ________ Assessments which was written in opposition to the General Assessment Bill that was proposed in 1784 by the Virginia State Assembly.

Q: What did the U.S. Supreme Court decide in Jones v. Clinton, 520 U.S. 681 (1997)?