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Constitutional Law
Q:
In Powell v. Alabama (1932), the unconditional right to counsel was incorporated into the Fourteenth Amendment and applied to the states.
a. TRUE
b. FALSE
Q:
The majority opinion in Miranda v. Arizona (1966) was authored by _____.
a. Chief Justice Earl Warren
b. Justice William Brennan
c. Justice Potter Stewart
d. Justice Hugo Black
Q:
The Supreme Court has held repeatedly that a warrantless search may be "reasonable" within the meaning of the Fourth Amendment under _____.
a. the "good faith exception"
b. the doctrine of stare decisis
c. the "crime control" model
d. exigent circumstances
Q:
According to U.S. v. Leon (1984), evidence obtained through a warrantless search is not subject to the exclusionary rule as long as police are acting in "good faith."
a. TRUE
b. FALSE
Q:
In the case of Mapp v. Ohio (1961), Dollree Mapp had been prosecuted on a charge of _____.
a. harboring a fugitive
b. resisting arrest
c. arson
d. None of the above
Q:
In Terry v. Ohio (1968), the Supreme Court allowed a(n) _____ on the basis of _____.
a. pat-down search; reasonable suspicion
b. arrest; reasonable suspicion
c. arrest; drug courier profile
d. warrantless search; testimony from an unidentified informant
Q:
_____ stands for the proposition that police, upon making a lawful arrest, may perform a warrantless search only of the area within the suspect's immediate grasp and control.
a. Aguilar v. Texas (1964)
b. Chimel v. California (1969)
c. Stone v. Powell (1976)
d. Illinois v. Gates (1983)
Q:
The Supreme Court first applied the Fourth Amendment to the states in _____.
a. Wolf v. Colorado (1949)
b. Weeks v. U.S. (1914)
c. Mapp v. Ohio (1961)
d. U.S. v. Calandra (1974)
Q:
District of Columbia v. Heller involved _____.
a. the commerce clause
b. the due process clause
c. the Second Amendment
d. the Third Amendment
Q:
What previous ruling did the Court in McDonald v. City of Chicago expressly decline to revisit and/or to reconsider?
a. District of Columbia v. Heller
b. Lochner v. New York
c. Slaughterhouse Cases
d. Munn v. Illinois
Q:
Who wrote the majority opinion in McDonald v. City of Chicago?
a. Justice Kagan
b. Justice Alito
c. Chief Justice Roberts
d. Justice Souter
Q:
What is the most recent provision of the Bill of Rights to be applied to the states?
a. Confrontation clause (Sixth Amendment)
b. Right to bear arms (Second Amendment)
c. Jury trial in certain civil cases (Seventh Amendment)
d. None of the above
Q:
What was the first provision in the Bill of Rights to be applied to the states by way of the Fourteenth Amendment?
a. Freedom of speech (First Amendment)
b. Free exercise of religion (First Amendment)
c. Just compensation for property seized for public use (Fifth amendment)
d. Searches and seizures (Fourth Amendment)
Q:
Which provision of the Bill of Rights has never been incorporated into the Fourteenth Amendment?
a. Grand jury clause (Fifth Amendment)
b. Double jeopardy clause (Fifth Amendment)
c. Assistance of counsel clause (Sixth Amendment)
d. Cruel and unusual punishment clause (Eighth Amendment)
Q:
Chief Justice/Justice _____ famous footnote in United States v. Carolene Products Co. (1938) recognized potential constitutional problems resulting from efforts to limit rights found in the first ten amendments.
a. Oliver Wendell Holmes's
b. Felix Frankfurter's
c. Harlan F. Stone's
d. Charles Evans Hughes's
Q:
United States v. Carolene Products Co. involved _____.
a. a milk product
b. a textile product
c. an automotive product
d. a petroleum product
Q:
Munn v. Illinois involved _____.
a. butchers
b. grain warehouses
c. hotel workers
d. bakery employees
Q:
In Lochner v. New York, Justice Peckham spoke of _____.
a. the contract clause
b. liberty of contract
c. the public interest
d. the Fifteenth Amendment
Q:
In his article of 1893, Professor Thayer advocated _____.
a. judicial activism
b. judges who walk in the shoes of lawmakers
c. more efficient courts
d. judicial restraint
Q:
In his speech in 1893, Justice David J. Brewer advocated _____.
a. strengthening the judiciary
b. judicial restraint
c. stronger labor unions
d. unleashed public opinion
Q:
The Majority opinion in Home Building & Loan Association v. Blaisdell was written by _____.
a. Chief Justice Hughes
b. Justice McReynolds
c. Justice Cardozo
d. Chief Justice Taft
Q:
Home Building & Loan Association v. Blaisdell involved a challenge to statute in _____.
a. Michigan
b. Minnesota
c. Wisconsin
d. Missouri
Q:
The decision in Charles River Bridge Co. v. Warren Bridge Co. rejected the idea that the Constitution protected _____.
a. implied contracts
b. paper money
c. federal contracts
d. state contracts
Q:
According to Justice Iredell in Calder v. Bull, the "ideas of natural justice" are _____.
a. regulated by no fixed standard
b. enforceable by the Supreme Court
c. are followed by the most able jurists
d. None of the above
Q:
The holding in Calder v. Bull stated that the Constitution's ban on ex post facto laws was limited to certain kinds of retroactive _____.
a. tax legislation
b. wills and estates
c. criminal legislation
d. civil issues
Q:
As a result of the decision in Charles River Bridge Co. v. Warren Bridge Co., shareholders of the Charles River Bridge Co. were jubilant.
a. TRUE
b.FALSE
Q:
The opinion of the Court in Charles River Bridge Co. v. Warren Bridge Co. was written by _____.
a. Chief Justice Marshall
b. Justice Story
c. Andrew Jackson
d. Chief Justice Taney
Q:
Dartmouth College v. Woodward involved _____.
a. the due proess clause
b. the commerce clause
c. the contract clause
d. presidential power
Q:
In _____, the Supreme Court held that businesses "clothed in the public interest" could be regulated by the states.
a. Charles River Bridge Co. v. Warren Bridge Co. (1837)
b. Munn v. Illinois (1877)
c. Lochner v. New York (1905)
d. West Coast Hotel Co. v. Parrish (1934)
Q:
According to Justice Stone in United States v. Butler, "the only check upon our own exercise of power is _____"
a. the president
b. the Constitution
c. the people
d. our own sense of self-restraint
Q:
South Dakota v. Dole involved _____.
a. the income tax
b. agricultural price supports
c. the drinking age
d. a national speed limit
Q:
Rumsfeld v. Forum for Academic and Institutional Rights involved _____.
a. the Solomon Amendment
b. the Fourth Amendment
c. the taxing power
d. the Hyde Amendment
Q:
The majority opinion in Bailey v. Drexel Furniture Co. was written by _____.
a. Chief Justice Taft
b. Justice Brandeis
c. Justice Roberts
d. Justice Stone
Q:
Congress's power to tax is an example of _____.
a. an implied power
b. an enumerated power
c. an exclusive power
d. resulting power
Q:
McCray v. United States involved _____.
a. an income tax
b. a tax on carriages
c. tariffs
d. a tax on oleomargarine
Q:
What change in the Constitution was brought about as a result of reaction to Pollock v. Farmers' Loan and Trust Co?
a. Seventeenth Amendment
b. Eighteenth Amendment
c. Nineteenth Amendment
d. Sixteenth Amendment
Q:
Pollock v. Farmers' Loan and Trust Co. involved _____.
a. an income tax
b. a tax on carriages
c. tariffs
d. a tax on oleomargarine
Q:
According to the Constitution, indirect taxes are to be levied according to the rule of _____.
a. fairness
b. apportionment
c. uniformity
d. population
Q:
Justice ______ did not file an opinion in Hylton v. United States.
a. Cushing
b. Patterson
c. Iredell
d.Chase
Q:
Hylton v. United States involved a tax on _____.
a. lotteries
b. oleomargarine
c. cigarettes
d. carriages
Q:
Lopez v. United States (1995) was noteworthy because it marked the first time since 1936 that the Supreme Court had invalidated an act of Congress as a violation of _____.
a. the Fourteenth Amendment
b. the due process clause
c. the commerce clause
d. the necessary and proper clause
Q:
The majority opinion in Cooley v. The Board of Wardens of the Port of Philadelphia was written by _____.
a. Justice Curtis
b. Chief Justice Taney
c. Chief Justice Marshall
d. Justice Johnson
Q:
The decision in Cooley v. The Board of Wardens of the Port of Philadelphia is the source of the doctrine of _____.
a. implied powers
b. selective exclusiveness
c. interstate commerce
d. exclusivity
Q:
According to Justice Johnson in Gibbons v. Ogden, Congress's power to regulate commerce was _____.
a. concurrent
b. resulting
c. exclusive
d. joint
Q:
In Gibbons v. Ogden, Marshall defined commerce as _____.
a. slow
b. intercourse
c. fast
d.concurrent
Q:
The justice who wrote a concurring opinion in Gibbons v. Ogden was named _____.
a. Marshall
b. Johnson
c. Story
d. Washington
Q:
Gibbons v. Ogden involved a _____.
a. bank
b. lottery
c. steamboat
d. railroad
Q:
In National League of Cities v. Usery (1976), the Court struck down a 1974 amendment to the Fair Labor Standards Act that extended the federal minimum wage to _____.
a. children
b. illegal aliens
c. state and local government employees
d. None of the above
Q:
The Supreme Court is most likely to declare a state regulation of interstate commerce unconstitutional if _____.
a. it regulates in an area requiring local diversity
b. it favors out-of-state industry at the expense of local industry
c. it differs substantially from similar regulations in other states
d. it produces revenue for the state
Q:
_____ was one of the first cases in which the Supreme Court recognized the power of the states to regulate local aspects of interstate commerce.
a. Cooley v. The Board of Wardens of the Port of Philadelphia (1851)
b. Southern Pacific Company v. Arizona (1945)
c. Cohens v. Virginia (1821)
d. McCulloch v. Maryland (1819)
Q:
In the wake of the constitutional crisis of 1937, the _____ nearly disappeared as a limitation on the powers of the national government.
a. Commerce Clause
b. Ninth Amendment
c. Tenth Amendment
d. Fourteenth Amendment
Q:
In Reynolds v. Sims, Chief Justice Warren discussed _____.a. racial discriminationb. the federal analogyc. official corruptiond. South Carolina legislative districts
Q:
In California Democratic Party v. Jones, the party preferred _____.
a. a blanket primary
b. a nonpartisan primary
c. a closed primary
d. None of the above
Q:
The organization called Citizens United initiated litigation because of _____.
a. monetary contributions it wanted to receive
b. monetary contributions it wanted to make to a candidate
c. a documentary video
d. None of the above
Q:
The principal dissent in McConnell v. Federal Election Commission and the majority opinion in Citizens United v. Federal Election Commission were written by ______.
a. Justice O"Connor
b. Justice Stevens
c. Chief Justice Roberts
d. Justice Kennedy
Q:
In Colorado Republican Federal Campaign Committee v. Federal Elections Commission (1996), the Supreme Court _____.
a. upheld limitations on party expenditures in Senate races
b. sustained the constitutionality of spending limits on congressional elections
c. declared unconstitutional limitations on political parties' campaign expenditures made in conjunction with a candidate's campaign committee
d. declared unconstitutional limitations on political parties' campaign expenditures made independently of a candidate's campaign committee
Q:
The principle of "one person, one vote" was first articulated in _____.
a. Baker v. Carr (1962)
b. Wesberry v. Sanders (1964)
c. South Carolina v. Katzenbach (1965)
d. Gray v. Sanders (1963)
Q:
In Baker v. Carr (1962), the Supreme Court invalidated a 1901 Tennessee law that disproportionately drafted state legislative districts.
a. TRUE
b. FALSE
Q:
In which of the following cases did the Supreme Court dismiss as nonjusticiable a lawsuit challenging malapportionment?
a. Gomillion v. Lightfoot (1960)
b. Reynolds v. Sims (1964)
c. Colegrove v. Green (1946)
d. Flast v. Cohen (1968)
Q:
In Gomillion v. Lightfoot (1960), the Supreme Court held that drawing political boundary lines to exclude minority voters violated the Equal Protection Clause of the Fourteenth Amendment.
a. TRUE
b. FALSE
Q:
McCulloch v. Maryland concerns a ______.
a. telegraph line
b. bridge
c. bank
d. railroad
Q:
The necessary and proper clause is the source of the doctrine of ______.
a. judicial review
b. implied powers
c. concurrent powers
d. exclusive powers
Q:
The necessary and proper clause is also known as ______.
a. the supremacy clause
b. the due process clause
c. the elastic clause
d. the judicial clause
Q:
The necessary and proper clause is found in ______.
a. Article III
b. the First Amendment
c. Article I
d. All of the above
Q:
Governmental powers that derive from the mass of delegated powers or from a group of them are called ______.
a. implied powers
b. concurrent powers
c. direct powers
d. resulting powers
Q:
The Constitution's supremacy clause is found in ______.
a. Article I
b. Article III
c. Article V
d. Article VI
Q:
The doctrine or principle of dual federalism is most closely identified with ______.
a. John Marshall
b. Roger Taney
c. James Wilson
d. None of the above
Q:
The proposition that the national government and the states face each other as equals across a precise constitutional line defining their respective jurisdictions describes ______.
a. the doctrine of national supremacy
b. the doctrine of dual federalism
c. the supremacy clause
d. None of the above
Q:
The proposition that the central government and states confront each other in the relationship of superior and subordinate describes ______.
a. the doctrine of dual federalism
b. the doctrine of national supremacy
c. the supremacy clause
d. None of the above
Q:
The doctrine or principle of national supremacy is most closely identified with ______.
a. Roger B. Taney
b. Salmon Chase
c. John Marshall
d. Justice John Gibson
Q:
Gonzales v. Raich concerned ______.
a. term limits for members of Congress
b. a California statute
c. a gun crime in Texas
d. federal taxes
Q:
Cohens v. Virginia concerned a statute that regulated ______.
a. railroads
b. banks
c. taxes
d. lotteries
Q:
The constitutional theory of implied powers is most closely associated with ______.
a. McCulloch v. Maryland
b. Chisholm v. Georgia
c. Cohens v. Virginia
d. Collector v. Day
Q:
In U.S. Term Limits, Inc. v. Thornton (1995), the Supreme Court declared term limits for members of the U.S. Congress _____.
a. violative of the Membership Clause of Article I
b. violative of the Tenth Amendment
c. violative of the Republican Form of Government Clause of Article IV
d. nonjusticiable under the "political questions" doctrine
Q:
The importance of presidential power in enforcing a constitutional decision of the Supreme Court is well illustrated by the circumstances surrounding _____.
a. Gibbons v. Ogden (1824)
b. South Dakota v. Dole (1987)
c. Cooper v. Aaron (1958)
d. Hutchinson v. Proxmire (1979)
Q:
A treaty obligation entered into by the United States may be repealed _____.
a. only by Congress
b. by a state law
c. by an act of the president, assuming no objection from the Senate
d. by popular referendum authorized by Congress
Q:
In United States v. Pink (1942), the Supreme Court held that _____ carry the same weight as _____.
a. executive arrangements; executive agreements
b. executive agreements; treaties
c. treaties; federal law
d. executive orders; acts of Congress
Q:
In Nixon v. United States (1993), the Supreme Court held that _____.
a. Nixon's claim of absolute privilege was invalid
b. Nixon's impeachment, conviction, and removal was unconstitutional
c. Nixon's conviction and removal by the Senate was a political question, and thus nonjusticiable
d. None of the above
Q:
In Watkins v. United States (1957), the Supreme Court held that _____.
a. there is no congressional power to expose for the sake of exposure
b. Watkins's First Amendment interests were overridden by Congress's in ensuring society's self-preservation
c. Watkins's impeachment conviction was constitutional even though the full Senate did not investigate the charges
d. Watkins's speech on the chamber floor was protected by the Constitution; his press release was unprotected
Q:
Members of Congress are not legally accountable for statements made in their official capacity under the _____ Clause of Article I.
a. Due Process
b. Immunity
c. Speech and Debate
d. Membership