Q&A Hero

Q: A legislative act that inflicts capital punishment upon named persons without a judicial trial is called a(n): A) Ex post facto law. B) Bill of Attainder. C) Act of Sedition. D) Habeas Corpus.

Q: While serving in the First Congress under the new constitution, James Madison was appointed to the Select Committee on Constitutional Amendments, whose primary responsibility was to develop a Bill of ________ for the Constitution.

Q: What are the three different types of executive agreements?

Q: Each of the following contributed to the need for drafting a new Constitution in 1787 EXCEPT: A) Shays Rebellion. B) Fear of foreign invasion. C) State competition over taxes. D) U.S. government too strong.

Q: The U.S. Supreme Court the Religious Freedom Restoration Act (RFRA) as it applied to the states, finding that the Act went beyond the constitutional authority of Congress to regulate state policy-making in matters affecting religious exercise.

Q: What is the pocket veto?

Q: During the early years of the Constitution, which group championed a stronger centralized government? A) Federalists B) Anti-Federalists C) Tea Party D) Confederates

Q: In Burwell v. Hobby Lobby (2015), the U.S. Supreme Court held that a closely held corporation could assert religious freedoms under the Religious Freedom Restoration Act (RFRA) in that it would not have to provide employee health-care coverage for contraceptives under the federal Affordable Care Act.

Q: What is the unitary executive theory?

Q: What document governed the United States prior to the ratification of the U.S. Constitution? A) Articles of Confederation B) U.S. Code C) Declaration of Independence D) Contract with America

Q: The neutrality test is an approach to free exercise 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: What are the qualifications under the U.S. Constitution to become President?

Q: In which case did the U.S. Supreme Court assert the power of judicial review over the decisions of the states' high courts? A) Marbury v. Madison B) United States v. Nixon C) Martin v. Hunter's Lessee D) Dred Scot v. Sandford

Q: Under the strict scrutiny test, the courts will uphold a law if it is rationally related to a legitimate government purpose.

Q: Match the term listed in Column 1 to its description in Column 2. A) a means for attacking the constitutionality of the statute under which, or the proceedings in which, the original conviction was obtained B) the body empowered by the Constitution to elect the president and vice-president of the United States C) an agency whose head may be terminated by the president only for good cause D) a theory that the Constitution vests all executive authority in the president of the United States E) the right of a governor under most state constitutions to veto individual appropriations in an appropriation act rather than being compelled either to veto the act as a whole or to sign it into law F) an agreement with a foreign government, made by the president acting within his or her executive powers G) a model of executive authority that divides executive powers between multiple executive officers who act independently of one another H) an act of grace by the chief executive of the government relieving a person of the legal consequences of a crime of which he or she has been convicted I) exists when civilian government has been replaced with military government J) a president's refusal to expend congressionally appropriated funds K) an agency whose head serves at the pleasure of the president 1. executive agreement 2. martial law 3. pardon 4. line item veto 5. impoundment 6. Electoral College 7. executive agency 8. independent agency 9. plural executive 10. writ of habeas corpus 11. unitary executive

Q: Who is the current Chief Justice of the Supreme Court? A) William Rehnquist B) Sandra Day O'Connor C) John Roberts D) Antonin Scalia

Q: The compelling governmental interest test is also known as the strict scrutiny test.

Q: Generally, the president is absolutely immune from suit and liability for ________ acts.

Q: In which era did the U.S. Supreme Court begin to expand the powers of the federal government? A) Marshall Court B) Taney Court C) Pre-New Deal Era D) Rehnquist Court

Q: Under the coercion test, the U.S. Supreme Court essentially collapses the first two questions of the Lemon test (the secular purpose and primary effect requirements) by asking the more general question of whether the government's activity conveys a message of endorsement or disapproval of religion.

Q: In United States v. Nixon, 418 U.S. 904 (1974), the U.S. Supreme Court ruled that although a presidential ________ exists, it may be overcome by a specific need for evidence in a criminal case.

Q: During what era of the Court did the justices dramatically expand the liberty protections afforded to individuals under the Fourth Amendment? A) Taney Court B) Warren Court C) New Deal Era D) Rehnquist Court

Q: The Lemon test was adopted by the 1971 U.S. Supreme Court Lemon v. Kurtzman.

Q: Treaties are characterized as either ________ or self-executing.

Q: What was William Marbury seeking from the Supreme Court in Marbury v. Madison? A) Writ of Certiorari B) Writ of Mandamus C) Temporary Restraining Order D) Money Damages

Q: The Lemon test is a test used by courts to interpret the Establishment Clause.

Q: Habeas ________ is Latin for "you have the body."

Q: Under the leadership of which of the following Chief Justices did the Supreme Court render many decisions advancing civil liberties, especially in the criminal context? A) Jay B) Marshall C) Warren D) Rehnquist

Q: An executive order signed by the President cannot be a violation of the Establishment Clause or the Free Exercise Clause since the beginning of the First Amendment includes the phrase "Congress shall make no law" in the text.

Q: The president possesses the authority of ________ of sentence to lessen a sentence.

Q: Which of the following Chief Justices of the Supreme Court was responsible for writing the majority opinion in Marbury v. Madison, wherein the power of judicial review was announced? A) Jay B) Marshall C) Warren D) Rehnquist

Q: The U.S. Supreme Court has incorporated the First Amendment religion clauses through the Fourteenth Amendment Due Process Clause, thereby making them applicable to state and local governments.

Q: Impoundment refers to a president's refusal to expend congressionally appropriated ________.

Q: The 18th Amendment, passed in 1919, prohibited the sale and purchase of intoxicating liquors. The 21st Amendment was ratified in 1933 and repealed the 18th Amendment (Prohibition). Does this show that the constitutional amendment process is dangerous and subject to capricious amendments based on flawed or opportunistic do- gooders?

Q: The Equal Rights Amendment (ERA) was first proposed as an amendment to the United States Constitution in 1923 and was designed to guarantee equal rights for women. In 1972, it passed both houses of Congress and was sent to the state legislatures for ratification. The ERA was ratified by 35 states, but was unable to garner the mandatory three additional states by the deadline in 1982. Do you think that such an amendment would pass today? Why or why not?

Q: The 22nd Amendment restricts the length of presidency to two terms. The only president to serve more than two terms was Franklin Delano Roosevelt, who died shortly after beginning his fourth term in 1945. Present an argument that this constitutional amendment should be repealed. What counter argument to your position has the most validity?

Q: Explain the process by which the United States Constitution can be amended. Are there any flaws to this process, in your view? How would you correct such flaws?

Q: Of the Third, Seventh, Ninth, and Tenth Amendments to the Constitution, which do you feel is the most important? Why?

Q: The 10th Amendment was the only amendment agreed on by all the states recommending ________. a. a Bill of Rights.b. a Supremacy Clause. c. peace with England. d. Western expansion.

Q: Some members of the first Congress wanted the 10th amendment to limit the federal government powers just as the _________ had done.a. Declaration of Independence b. Articles of Confederationc. Mayflower Compact d. Federalist Papers

Q: The Necessary and Proper Clause is located in______of the United States Constitution. a. Article 1b. Article 3 c. Article 6 d. Article 8

Q: The Supremacy Clause is located in ________of the United States Constitution. a. Article 1b. Article 3 c. Article 6 d. Article 8

Q: The 10th Amendment refers to a. delegated powers.b. reserved powers.c. both delegated and reserved powers. d. federalism only.

Q: The Ninth Amendment has been called the companion of the _____ Amendment in establishing that all is retained which has not been surrendered.

Q: The_________Amendment addresses when an individual is entitled to a federal jury trial.

Q: The caption for ____ cases indicate the parties involved, i.e the name of one party versus the name of the other party.

Q: The captions of _____ cases at the trial court level always include the government (e.g., the city, county, state, or United States) versus the defendant.

Q: The ____ attempted to strike a balance between the federal government's power and that of the states, while maintaining individual freedom.

Q: The 10th Amendment refers to both delegated and reserved powers. a. Trueb. False

Q: The Ninth Amendment addressed concerns that Americans would retain only those rights enumerated in the Constitution. a. Trueb. False

Q: The Supreme Court held there was no right to a trial by jury when Congress created other administrative remedies in Curtis v. Loether (1974)a. Trueb. False

Q: A court of equity handles cases in which damages were sought. a. Trueb. False

Q: The Seventh Amendment dates back to colonial times when England expected the citizenry to feed and shelter British soldiers. a. Trueb. False

Q: Discuss the significance of the Seventh Amendment.

Q: Explain the significance of the Ninth Amendment relative to federal power.

Q: Discuss Prohibition, including its origin and demise and what occurred in between. Relate this to the Harrison Act making certain drugs illegal to sell or possess.

Q: Discuss the progression and impact of amendments relating to voting.

Q: Discuss the concept of federalism and how it is embodied in the Tenth Amendment

Q: Reserving for the states those powers not granted to the federal government or withheld from the states is _________.

Q: Olmstead v. United States stated that the most comprehensive and most valued right by civilized men was the right _____________.

Q: Powers retained by the states are known as _________powers.

Q: Powers of the federal government are known as _______powers.

Q: This amendment assures Americans will continue to be free to pursue those interests that government does not demonstrate a compelling reason to restrict.

Q: The _______Amendment has never been subjected to Supreme Court review.

Q: The _______Amendment established the right to a federal jury trial for all "suits at common law" if the value was over $20.

Q: The _______Amendment prohibited housing soldiers in private homes during peacetime.

Q: The ________Amendment is sometimes referred to as the forgotten amendment because it is seldom used as a basis for Supreme Court decisions.

Q: The ________Amendment embodies the principle of federalism.

Q: Selective incorporation has been used to incorporate the entire Bill of Rights to the states through the Fourteenth Amendment.a. Trueb. False

Q: The Ninth Amendment specifically guarantees the right to privacy. a. True b. False

Q: The Ninth Amendment has never been the basis of a decision by a majority of the Supreme Court justices. a. Trueb. False

Q: Rights not specifically listed in the Bill of Rights are known as delegated rights. a. True b. False

Q: The right to a federal jury trial is determined mainly by historical analysis of common law. a. True b. False

Q: The Ninth Amendment establishes that the rights of U.S. citizens extend beyond those listed in the Constitution. a. True b. False

Q: Suits at common law are legal controversies arising out of criminal law rather than civil law. a. True b. False

Q: One of the primary reserve powers kept by the states is police power. a. True b. False

Q: The Tenth Amendment embodies the principle of federalism. a. True b. False

Q: Olmstead v. United States stated that "the most comprehensive of rights and the right most valued by civilized men" is the right to pursue happiness. a. True b. False

Q: Under federalism: a. the federal government has the most power. b. state governments have more power than the federal government. c. power is shared by the national government and the states. d. the Constitution is declared the supreme law of the land.

Q: Congress has not considered an Amendment regarding: a. establishing victims' rights. b. prohibiting burning the American flag. c. banning gay marriage. d. abolishing the Presidency.