Accounting
Anthropology
Archaeology
Art History
Banking
Biology & Life Science
Business
Business Communication
Business Development
Business Ethics
Business Law
Chemistry
Communication
Computer Science
Counseling
Criminal Law
Curriculum & Instruction
Design
Earth Science
Economic
Education
Engineering
Finance
History & Theory
Humanities
Human Resource
International Business
Investments & Securities
Journalism
Law
Management
Marketing
Medicine
Medicine & Health Science
Nursing
Philosophy
Physic
Psychology
Real Estate
Science
Social Science
Sociology
Special Education
Speech
Visual Arts
Constitutional Law
Q:
What are the key points in Gibbons v. Ogden that led to an expansive reading of the Commerce Clause?
Q:
What constitutional provision did Chief Justice Roberts use to justify the constitutionality of the Affordable Care Act? Why did he argue that this law could not be upheld under the power to regulate interstate commerce?
Q:
When stopping in individual based on reasonable suspicion, the police officer may search the individual's outer clothing as well as the area within the suspect's immediate control.a. Trueb. False
Q:
Justice Stevens argues that the circumstances in Raich are different from those in Lopez or Morrison. What his rationale for this argument? Do you agree or disagree? Why?
Q:
Arresting a person requires probable cause to justify the seizure and a warrant is preferable, but not required.
a. True
b. False
Q:
What is meant by the term "police power"?
Q:
What was meant by the term "dormant commerce clause" (sometimes called the "negative commerce clause")?
Q:
Some states do not require that a person submit to or be in the physical control of an officer to be considered seized.
a. True
b. False
Q:
What is the community caretaking doctrine?
Q:
Under the authority of what provision of the Constitution did Congress pass the Civil Rights Act of 1964?
Q:
Explain when an arrest may be made.
Q:
List the elements of an arrest.
Q:
In March 1937 President Franklin Roosevelt proposed legislation to reform the federal judiciary. In that proposed statute, what specific changes did Roosevelt recommend for the U.S. Supreme Court?
Q:
In United States v. Lopez (1995) the Supreme Court held that the Gun-Free School Zones Act was an unconstitutional use of the federal power to regulate commerce. Four justices dissented in an opinion written by Justice Breyer. What was the basis of the argument presented by the minority?
Q:
Discuss the controversial topic of use of force and the landmark cases guiding officer behavior.
Q:
The "switch in time that saved nine" refers to what? What switched? What was saved?
Q:
Intrastate commerce is commerce that takes place _______.A. Among one or f more states onlyB. Between two states onlyC. Within one state onlyD. Within one region only
Q:
Explain when vehicles may be stopped and what officers can and cannot do
Q:
Compare and contrast a stop and an arrest.
Q:
Morrison, Lopez, and Jones all indicate _______.A. That the Rehnquist Court agreed with the decisions in Wickard and DarbyB. That the Rehnquist Court did not think the commerce clause gave Congress a blank check to regulate any activity that might be construed as commerceC. That the Court would now stop all regulations under the commerce clauseD. All of the above.
Q:
Darby and Wickard created the era where the Court _______.A. Greatly increased the power of Congress to regulate interstate commerceB. Severely limited the power of Congress to regulate interstate commerceC. Simply ignored most commerce clause issuesD. None of the above.
Q:
Police may arrest for an unwitnessed felony based on _______________.
Q:
Police officers are allowed, without reasonable suspicion of any criminal acts, to approach and detain citizens for _____________purposes.
Q:
Public opinion concerning the Court-packing plan _______.A. Was favorable nationwideB. Was unfavorable nationwideC. Was largely unchangedD. Was in favor of an alternate to the plan
Q:
Who provided the crucial vote known as the "switch in time"?A. Justice McReynoldsB. Justice SutherlandC. Justice Van DevanterD. Justice ButlerE. Justice Roberts
Q:
A(n) __________is the taking of a person into custody for the purpose of holding him to answer a criminal charge.
Q:
A situation in which the police take someone in for questioning in a manner that is, in reality, an arrest, but without the requisite probable cause is called _________________________.
Q:
In Champion v. Ames (1903;) lottery case), the Supreme Court held that _______.A. arranging for the interstate transportation of lottery tickets is primarily a matter for state, not federal, regulation.B. in evaluating the constitutionality of Congress's use of the Commerce Power, the Supreme Court must take into account the motives behind Congress's actions.C. the regulation of commerce can be motivated only by economic considerations, not for morality purposes.D. All of the above.E. None of the above.
Q:
Common law has held that anyone witnessing certain crimes may make a(n) ___________and then turn that individual over to authorities.
Q:
In A. L. A. Schechter Poultry Corp. v. United States (1935) the justices held that _______.A. although federal regulation of the Schechters' poultry business was constitutionally permissible, the federal poultry codes were the product of an unconstitutional delegation of power to the executive branchB. although the federal poultry codes were constitutionally valid, their application to the Schechters' poultry business was constitutionally invalid because the Schechters were operating in intrastate commerceC. the federal regulation of food products for safety and cleanliness was constitutionally permissible, but the poultry codes as drafted were unconstitutionally vagueD. the federal poultry codes were the result of an improper delegation of legislative power to the executive branch, and the regulation of the Schechters' poultry business was an unconstitutional infringement on the state's right to regulate intrastate commerce
Q:
When a reasonable person believes he or she is not free to leave, a(n) ________has occurred.
Q:
Which of the following is not like the others in terms of doctrinal outcome?A. United States v. E. C. Knight Co. sugar -refining case.B. National Labor Relations Board v. Jones & Laughlin Steel Corporation labor relations case.C. Carter v. Carter Coal regulation case.D. United States v. Morrison sexual assault case.E. A. L. A. Schechter Poultry Corp v. United States poultry code case.
Q:
Stopping a vehicle to search for evidence of a crime under the guise of a traffic stop is called a ___________.
Q:
The "Four Horsemen" (Justices Van Devanter, McReynolds, Sutherland, and Butler) were known for their _______.A. support of Roosevelt's Court-packing planB. steadfast support for federal power to regulate the economyC. consistent votes to strike down New Deal legislationD. active promotion of effective state efforts to deal with the DepressionE. support of federal trust-busting efforts
Q:
In Swift & Company v. United States (1905) and Stafford v. Wallace (1922) the Supreme Court ruled that federal efforts to regulate cattle stockyards as well as stockyard dealers and commission men were valid under _______.A. the Shreveport doctrineB. the stream of commerce doctrineC. the Lopez doctrineD. the commercial intercourse doctrineE. the doctrine of selective exclusiveness
Q:
The length of an investigative detention should be measured in _________.
Q:
Police may not enter a private home without the appropriate warrant(s) to make a routine felony arrest unless _______________exist.
Q:
In United States v. E. C. Knight Co. (1895) the Supreme Court held that the federal government could not regulate the sugar -refining industry because the refining process was an intrastate activity that had no direct effect on interstate commerce.A. True.B. False.
Q:
Which of the following constitutional doctrines speaks directly to a situation in which the federal government regulates an aspect of intrastate commerce that is so intertwined with interstate commerce that a failure to regulate it would injure interstate commerce?A. The Shreveport doctrine.B. The stream of commerce doctrine.C. The Lopez doctrine.D. The commercial intercourse doctrine.E. The doctrine of selective exclusiveness.
Q:
An estimated 95 percent of all arrests are made ____________________.
Q:
Checkpoints at or near international borders require justification to stop all vehicles.
a. True
b. False
Q:
In Gibbons v. Ogden (1824), the Supreme Court _______.A. upheld the New York steamship monopoly because it was a state regulation of intrastate commerceB. held that navigation was commerce and that the Gibbons/Vanderbilt steamship operation was validly operating in interstate commerce under a permit issued by the federal governmentC. held that steamship movement from New Jersey to New York was considered interstate commerce under the stream of commerce doctrineD. held that New York had the right to regulate commercial navigation in its waters (including the right to impose a monopoly) because the federal government had not yet entered into the field of regulating navigation
Q:
De facto arrests are legal since officers are in the process of developing probable cause.
a. True
b. False
Q:
Several years ago, Congress passed legislation permitting citizens to register to vote when they obtain or renew their driver's licenses (the Motor Voter Law). Congress thought that it could pass this legislation based on a power that could be implied from various enumerated powers (e.g., Article I, Section 4: "The Times, Places and Manner of holding elections for Senators and Representatives, shall be prescribed by the [state] legislatures; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.")The State of Illinois disagrees. While conceding that the Motor Voter Law is constitutional as it pertains to federal elections, Illinois argues that it is unconstitutional as applied to state elections. In Illinois's view, the Motor Voter statute directly interferes with states' rights. So Illinois is allowing voters, who registered when they obtained their licenses, to vote for federal candidates but not for state candidates.Suppose John Marshall were still chief justice. How would he react to this argument? How would a Marshall opinion in this case differ from one written by, say, Roger B. Taney? Please note that you are not being asked to write an essay determining whether or not this law is constitutional; rather, you should analyze the approaches that Marshall and Taney would take in their opinions.Finally, if you were a justice on the Supreme Court, to which view of federalism would you subscribe: Marshall's, Taney's, or something in between?Explain why.
Q:
Miranda warnings must be given during traffic stops if information is about to reveal probable cause to arrest.
a. True
b. False
Q:
What arguments did Justice Blackmun use to justify overruling National League of Cities in Garcia v. SAMTA? Do you find his argument compelling? Why or why not?
Q:
Using examples of Court eras and cases decided, explain the differences between dual and cooperative federalism. Which view of federalism do you find most appealing? Why?
Q:
Officers may use deadly force to terminate a dangerous, high-speed vehicle pursuit.
a. True
b. False
Q:
What rationale did Justice Scalia use to justify the Court's decision in Printz v. United. States? How did dissenters respond to this justification?
Q:
An officer's hot pursuit of a suspect cannot legally continue past the threshold to a private residence without a warrant.a. Trueb. False
Q:
Compare and contrast the views of dual and cooperative federalism. What provisions of the constitution support each view?
Q:
For an investigatory stop to be constitutional, the officer must have articulable probable cause.
a. True
b. False
Q:
The only justification for the use of deadly force is self-defense.
a. True
b. False
Q:
What rationale did Marshall use in McCulloch to justify the argument that states may not tax national banks?
Q:
A seizure is not necessarily an arrest, but all arrests are seizures.
a. True
b. False
Q:
Define the term sovereign immunity.
Q:
A stop is a seizure of the person within the meaning of the Fourth Amendment.
a. True
b. False
Q:
What provision of the Low-Level Radioactive Waste Policy Act of 1980 did the Court find constitutionally invalid in the case of New York v. United States (1992)? Why did that provision violate the Constitution?
Q:
An arrest is an informal restraint on a person's liberty of movement.
a. True
b. False
Q:
In the case of Scott v. Sandford (1857), how did the Court rule with respect to the following: Did Dred Scott become a free man because he spent a portion of his life in a free state? Was the Missouri Compromise constitutionally valid? Did Scott have the legal right to take his case to federal court?
Q:
The circumstances in which officers leave their jurisdiction and enter another to make an arrest of a felon who committed the felony in the officers' jurisdiction and then fled across jurisdictional lines is called:a. fresh pursuitb. hot pursuitc. continuous pursuitd. unabated pursuit
Q:
Police may make a warrantless arrest based on probable cause in all of the following circumstances, except:
a. felony committed in their presence.
b. an unwitnessed felony.
c. most misdemeanors occurring outside their presence.
d. any crime in their presence.
Q:
Federalism cases on the U.S. Supreme Court have progressed _______.A. in a series of cyclesB. incrementally over timeC. with specific changes made only in the nineteenth centuryD. none of the above
Q:
Some states allow officers to arrest for a misdemeanor not committed in their presence in the case of:
a. domestic assault.
b. reckless driving.
c. drug possession.
d. illegal immigrants.
Q:
In Nevada Department. of Human Resources v. Hibbs, the Court changed directions in its analysis of the Eleventh Amendment because _______.A. the case involved gender discriminationB. the case involved age discriminationC. the case involved discrimination based on disabilitiesD. none of the above
Q:
A situation in which the police take someone in for questioning in a manner that is, in reality an arrest, but without the requisite probable cause (and therefore illegal) is called:
a. an augmented stop.
b. a seizure incident to arrest.
c. detention tantamount to arrest.
d. pre-arrest detention.
Q:
Cooperative Federalism places a great deal of emphasis on _______.A. the Tenth AmendmentB. the Supremacy ClauseC. the Necessary and Proper ClauseD. the Privileges and Immunities ClauseE. C and DF. B and C
Q:
In federalism cases the Taney Court is best known for focusing on _______.A. Cooperative FederalismB. Dual Federalism
Q:
Roadblocks have been found to be constitutional if their purpose is to check for:
a. drugs.
b. drunk drivers.
c. illegal weapons.
d. criminal activity.
Q:
In federalism cases the Rehnquist Court is best known for focusing on what type of federalism?A. Cooperative federalism.B. Dual federalism.
Q:
Officers must have a particularized and objective basis for suspecting the person stopped of criminal activity to demonstrate reasonable suspicion for an investigatory stop under the:
a. totality of the circumstances test
b. articulable probable cause test
c. presumptively reasonable standard
d. objectively reasonable standard.
Q:
The Supreme Court held that "In terms that apply equally to seizures of property and to seizures of persons, the Fourth Amendment has drawn a firm line at the entrance to the house...Absent exigent circumstances, that threshold may not reasonably be crossed without a warrant" in:
a. Payton v. New York
b. Illinois v. Wardlow
c. United States v. Watson
d. Tennessee v. Garner
Q:
Dual federalism places a great deal of emphasis on _______.A. the Tenth AmendmentB. the Supremacy ClauseC. the Due Process ClauseD. the Privileges and Immunities ClauseE. C and D
Q:
Which of the following statements about Printz v. United States (a 1997; challenge to the 1993 amendments to the federal Gun Control Act) is false?A. The Court found that the provisions requiring local law enforcement officials to conduct background checks on gun purchasers was unconstitutional.B. The Court held that Congress cannot treat the states as administrative units of the federal government.C. The federal government may provide incentives for the states to help enforce federal policy, but Congress may not order the states to do so.D. None of the above. All of the above statements are true.
Q:
When would a traffic stop require Miranda warnings? a. An officer is asking for consent to search the vehicle. b. The officer is going to arrest the driver.c. Miranda warnings are not required for traffic stops.d. A records check reveals an expired license.
Q:
In National League of Cities v. Usery (1976) the Court considered the constitutionality of the 1974 amendments to the Fair Labor Standards Act that extended the Act's minimum wage and maximum hours provisions to the states and their political subdivisions. The Court held that Congress exceeded its authority in attempting to regulate the wages and hours of state and local government employees.A. True, but National League of Cities was overruled by Garcia v. San Antonio Metropolitan Transit Authority (1985).B. True, and National League of Cities was reaffirmed by Garcia v. San Antonio Metropolitan Transit Authority (1985).C. False, but National League of Cities was overruled by Garcia v. San Antonio Metropolitan Transit Authority (1985).D. False, and National League of Cities was reaffirmed by Garcia v. San Antonio Metropolitan Transit Authority (1985).
Q:
In United States v. Sharpe the Court ruled that a stop:
a. has no rigid time limit.
b. has no time limit.
c. can be no longer than 20 minutes.
d. can be no longer than 75 minutes.
Q:
In Illinois v. Wardlow, the Supreme Court ruled that unexplained flight from the police:
a. is a constitutional right.
b. does not, by itself, create reasonable suspicion
c. in itself establishes reasonable suspicion.
d. indicates, without exception, wrongdoing and establishes probable cause.
Q:
Police may use deadly force against fleeing felons:
a. if the pursuit enters another jurisdiction.
b. if the police fear the felon would otherwise escape.
c. only if the suspect presents an imminent danger to life.
d. if state law requires it.
Q:
In Hammer v. Dagenhart (1918), the Supreme Court struck down the federal Child Labor Act of 1916. What was the primary ground upon which the decision was based?A. The law was an unconstitutional delegation of power to the executive branch.B. North Carolina already had a child labor law that preempted federal action.C. The authority to regulate the hours and working conditions in factories or mines was purely a state power, and the federal government had no valid constitutional basis on which to legislate in this area.D. The law violated the provisions of the Eleventh Amendment.E. None of the above. In Hammer v. Dagenhart the Court upheld the constitutionality of the Child Labor Act.