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Constitutional Law
Q:
In Alabama Legislative Black Caucus v. Alabama (2015), the U.S. Supreme Court rejected a lower court's conclusion that Alabama's race-based redistricting plan satisfied strict scrutiny.
Q:
Discuss whether you think all of the provisions in the Bill of Rights should be incorporated to state and local governments, including the Seventh Amendment's right to a jury trial in civil cases, the Fifth Amendment's right to grand jury indictment, and the Eighth Amendment's right to reasonable bail should be incorporated to the states.
Q:
For an organization to have standing, it must show:
A) that the majority of its members satisfies the standing test.
B) that it is capable of representing the members.
C) that it has a special interest and expertise in the subject of the litigation.
D) that is it registered with the Securities and Exchange Commission.
Q:
The intermediate scrutiny test is used for cases involving classifications based on the marital status of a person at the time of birth.
Q:
Explain whether you would support a constitutional amendment in your state constitution to expand the right to privacy more broadly than the U.S. Constitution.
Q:
Which of the following is not an element of the "capable of repetition yet evading review" doctrine (an exception to the mootness doctrine)?
A) A legal or factual issue that has become moot.
B) The harm is capable of reoccurring.
C) The harm is significant.
D) The harm evades review.
Q:
The rational basis test is used for cases involving classifications based on income.
Q:
Explain how the right to privacy under state constitutions differs from the right to privacy under the U.S. Constitution?
Q:
The Constitution provides generally for two forms of federal judicial jurisdiction. Those are:
A) Diversity and Certiorari.
B) Diversity and Federal Question.
C) Federal Question and Certiorari
D) Federal Question and Pendency
Q:
In United States v. Virginia (1996), the U.S. Supreme Court upheld the Virginia Military Institute (VMI)'s long-standing male-only admission policy.
Q:
What is the scope of the Eleventh Amendment?
Q:
A judge who follows an interpretive approach which focuses on the precise meaning of the text of the Constitution in 1787 is best described as:
A) Originalist.
B) Modernist.
C) Contemporary Literalist.
D) Historical Literalist.
Q:
Desegregation is the process by which the policies and effects of exclusion and separation are reversed and corrected.
Q:
What is the Dormant Commerce Clause?
Q:
Which method of constitutional interpretation is applied in a manner consistent with the framers' intentions?
A) Originalism
B) Modernistm
C) Contemporary Literalism
D) Historical Literalism
Q:
The separate but equal doctrine adopted in Plessy v. Ferguson (1896) remains the law today under the Equal Protection Clause.
Q:
What are the three instances where the preemption doctrine holds that state regulation is precluded or invalidated by federal regulation?
Q:
In Marbury v. Madison the Court:
A) declared the power of judicial review and invalidated President Jefferson's decision to not deliver a commission of appointment.
B) declared the power of judicial review and invalidated an act of Congress extending to its original jurisdiction in contravention to Article III.
C) declared the power of judicial review, but did not exercise it.
D) both A and B are correct.
Q:
Suspect classification is a type of distinction or discrimination that is highly questionable and deserves the highest form of judicial scrutiny.
Q:
Match the term listed in Column 1 to its description in Column 2.
A) Under the Due Process Clause of the Fourteenth Amendment, those rights in the federal Bill of Rights that are fundamental and necessary to an ordered liberty are applied against the states. Other incorporation theories exist.
B) Judicial doctrine providing that even if federal power to regulate interstate and international commerce is not exercised, state power to regulate these areas is sometimes precluded
C) The doctrine that once Congress has enacted legislation in a given field, a state may not enact a law inconsistent with the federal statute
D) Clause in the Constitution that means that a state's judicial acts must be given the same effect by the courts of all other states as they receive at home
E) A doctrine under which a state court is permitted to acquire personal jurisdiction over a nonresident
F) An approach to constitutional interpretation that requires state judges to apply their state's constitution before turning to the federal Constitution
G) Federal judicial review of a state decision in a case that includes both state and federal claims will not occur if the lower court's decision rested upon adequate and independent state law
H) An approach to constitutional interpretation that requires state judges to apply both federal and state constitutions simultaneously
I) An approach to constitutional interpretation that requires state judges to apply the federal Constitution before turning to their state's constitution
J) Provides that if a subject of interstate commerce is national in character, then regulation of that subject is exclusively federal
1. Full Faith and Credit Clause
2. Preemption
3. Primacy
4. Interstitial
5. Selective Incorporation Doctrine
6. Dual Sovereignty
7. Dormant Commerce Clause
8. Cooley Doctrine
9. Minimum Contacts Test
10. Adequate and Independent State Grounds Doctrine
Q:
The power of judicial review extends to:
A) Congressional action.
B) Executive action.
C) State action.
D) All of the above
Q:
The intermediate scrutiny test is a constitutional standard used in cases involving a semi-suspect form of discrimination that requires the government to show that its semi-suspect form of discrimination is substantially related to an important governmental interest.
Q:
The Full Faith and ________ Clause based on the requirement of Article IV of the U.S. Constitution provides that a state's judicial acts must be given the same effect by the courts of all other states as they receive at home.
Q:
Which method of interpreting the Constitution argues that once the original intent has been declared, change can come only through the amendment process?
A) Originalism
B) Modernistm
C) Contemporary Literalism
D) Historical Literalism
Q:
The rational basis test is used for fundamental rights such as the right to vote.
Q:
Some state constitutions ________ protect privacy, whereas the federal Constitution provides for the right to privacy based on an implied right.
Q:
John was elected to the House of Representatives. However, the House refused to seat him due to allegations that he abused his wife ten years earlier. He filed suit in federal court. The judge decided in his favor and in her opinion she cited statements made during the Constitutional Convention and ratification debates in the states to support her interpretation of the Qualifications Clause (which governs eligibility to be a member of Congress). The judge's interpretive method is best characterized as:
A) Originalist.
B) Textualist.
C) Modernist.
D) Literalist.
Q:
Even if a discrimination case is not governed under the Equal Protection Clause, the provisions of federal, state, or local civil rights legislation may apply to preclude the identified form of discrimination.
Q:
State constitutional law may not decrease or limit federally secured rights, but a state may extend rights ________ what the federal Constitution secures.
Q:
Which of the following is not a constraint on federal judicial power?
A) Lifetime appointment
B) Presidential nomination
C) Impeachment for high crimes and misdemeanors
D) Congressional control of judicial jurisdiction
Q:
Court have upheld the Civil Rights Act of 1964 based on authority granted to Congress in Article I of the Constitution involving interstate commerce.
Q:
Since the 1819 U.S. Supreme Court decision in McCulloch v. Maryland, it has been clear that states may not ________ the federal government or its subunits.
Q:
Which of the following best describes the Framers' intentions concerning the relationship between state and federal courts?
A) Federal courts were to be the primary courts under the Constitution, hearing all important cases, i.e., felony criminal proceedings.
B) State courts were to be the primary courts with the federal courts possessing jurisdiction over a select group of cases.
C) The Constitution created a system of federal courts to hear all cases and abolished the state court systems.
D) The Constitution did not create any federal courts and specifically acknowledged the jurisdiction of state courts over all cases, federal and state.
Q:
The state action requirement in the Fourteenth Amendment for equal protection cases applies only to state governments and does not apply to conduct of local governments.
Q:
In Crosby v. National Trade Council (2000), the U.S. Supreme Court held that all extensive regulation of foreign affairs by a state is prohibited, either by implicit preemption or simply because the states lack the authority to delve too deeply into ________ matters.
Q:
Which of the following best describes presidential nominations of justices to the Supreme Court?
A) Presidents tend to nominate individuals who they believe share their political opinions.
B) Most presidents have not considered the political views of prospective nominees.
C) Presidents delegate nominations to key senators of the same party as the president.
D) Presidents delegate nominations to the American Bar Association.
Q:
The Fourteenth Amendment was ratified before the Civil War.
Q:
If it is determined that Congress has preempted a policy area, all state laws, even if consistent with federal law, are ________.
Q:
Which check on the executive branch by the legislative branch is the power powerful?
Q:
The Fourteenth Amendment provides an enforcement clause in Section 5 that allows Congress to pass legislation to enforce the Equal Protection Clause.
Q:
When a state is a(n) ________ in, as opposed to a regulator of, the market, the Dormant Commerce Clause does not apply.
Q:
Which branch of the national government you think currently has the most power: the legislative, executive, or judicial? Explain your position.
Q:
The Nineteenth Amendment guarantees the right to vote regardless of a person's sex.
Q:
Based on a U.S. Supreme Court from 1851, the ________ Doctrine provides that if a subject of interstate commerce is national in character, then regulation of that subject is exclusively federal.
Q:
What is the common law?
Q:
What is the term that describes the process of drawing or redrawing geographic boundaries for electoral districts based on a particular motive, such as reelecting the incumbent, including or excluding minority voters, or increasing political party control?
A) segregation
B) anti-segregation
C) gerrymandering
D) affirmative action
Q:
The judicial doctrine providing that even if federal power to regulate interstate and international commerce is not exercised, state power to regulate these areas is sometimes precluded is known as the ________ Commerce Clause.
Q:
How does Congress serve as a check on the president in terms of foreign affairs?
Q:
Each of the following cases involve age discrimination EXCEPT:
A) Massachusetts Board of Retirement v. Murgia.
B) Zablocki v. Redhail.
C) Vance v. Bradley.
D) Kimel v. Florida Board of Regents.
Q:
Preemption is the doctrine that once Congress has enacted legislation in a given field, a state may not enact a law inconsistent with the ________ statute.
Q:
What is the difference between hierarchical and dual federalism?
Q:
What standard is used to determine whether government can use a person's alienage for purposes of discrimination in government employment?
A) necessary and compelling test
B) government classification test
C) employee privacy test
D) important governmental functions test
Q:
Like the federal Constitution, state constitutions contain declarations or bills of individual rights
Q:
What is the preemption doctrine?
Q:
What piece of civil rights legislation was at issue in Tennessee v. Lane (2004)?
A) Americans With Disabilities Act
B) Pregnancy Disability Act
C) Family Medical Leave Act
D) Civil Rights Act of 1964
Q:
The Seventh Amendment's right to a jury trial in civil cases has been incorporated through the Fourteenth Amendment's Due Process Clause as a fundamental right.
Q:
Match the term listed in Column 1 to its description in Column 2.
1. Federalism
2. Necessary and Proper Clause
3. Incorporation
4. Dormant Commerce Clause Doctrine
5. Police Power
6. Preemption Doctrine
7. Commerce Clause
8. Hierarchical Federalism
9. Dual Federalism
10. Intergovernmental Immunity Doctrine
A) the clause in Article I, Section 8, of the Constitution that gives Congress the power to regulate commerce between the states and between the United States and foreign countries
B) the power of government 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
C) the theory that the national government and the state governments are coequal sovereigns
D) 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
E) the system by which the states of the United States relate to one another and to the federal government
F) the doctrine that both the states and the national government possess some immunity from the regulation of the other under federalism principles
G) the theory that the national government is supreme to the state governments
H) a right applied is applied against the states it is fundamental and necessary to an ordered liberty
I) Article I of the Constitution grants to Congress the power to make all laws "necessary and proper" for carrying out its constitutional responsibilities
J) doctrine that state laws that interfere with federal laws are invalid pursuant to the Supremacy Clause
Q:
Based on the readings, in which classification has the Court placed sexual-orientation?
A) suspect
B) non-suspect
C) semi-suspect
D) intermediate-suspect
Q:
State constitutions are now viewed as an independent source of individual liberties.
Q:
Federal statutes enacted by Congress are organized by subject matter into the U.S. ________.
Q:
Which of the following is NOT considered a fundamental right under the Constitution?
A) education
B) privacy
C) travel
D) marriage
Q:
The state constitutions for all 50 states and the federal Constitution contain an express right to education.
Q:
All executive orders are published in the Federal ________, a U.S. government publication of new regulations, executive orders and proclamations, notices by government agencies of impending action, and other documents required to be published by government agencies.
Q:
On what basis did the Supreme Court strike down the Texas sodomy statute in Lawrence v. Texas?
A) substantive due process
B) first amendment
C) equal protection
D) full faith and credit
Q:
State constitutional law may not decrease or limit federally secured rights, but a state may extend civil rights beyond what the federal Constitution secures.
Q:
Congress can ________ a presidential veto with a two-thirds majority vote.
Q:
What constitutional level of scrutiny is applied to government classifications based on so-called "illegitimacy"?
A) strict scrutiny
B) intermediate scrutiny
C) rational basis
D) non-suspect classification
Q:
In Alden v. Maine, the U.S. Supreme Court held that states must consent to be sued in their own courts.
Q:
Legislation that conflicts with the U.S. Constitution may be declared void by the ________.
Q:
What constitutional standard of review currently applies to race-based affirmative action policies sponsored by the federal government and which case is responsible for this standard?
A) rational basis/Grutter v. Bollinger
B) intermediate scrutiny/Metro Broadcasting v. F.C.C.
C) strict scrutiny/Fullilove v. Klutznick
D) strict scrutiny/Adarand Constructors, Inc. v. Pena
Q:
In Seminole Tribe of Florida v. Florida (1996), the U.S. Supreme Court held that states may not be involuntarily sued (by citizens) in federal court.
Q:
The president is the ________-in-chief of the military but Congress is responsible for declaring war.
Q:
Which of the following was NOT used to discuss the evolution of constitutional standards for reviewing sex-based discrimination?
A) Bowers v. Hardwick
B) Muller v. Oregon
C) Bradwell v. Illinois
D) Reed v. Reed
Q:
The Eleventh Amendment's establishment of immunity for the states has been rendered obsolete in recent years through a series of decisions of the U.S. Supreme Court.
Q:
The president has been delegated the authority to nominate federal judges and other governmental officers, but the appointments are final only after confirmation by the ________.
Q:
In United States v. Virginia, who wrote the majority opinion to describe the type of interest the State would have to demonstrate in order to uphold its form of discrimination?
A) O'Connor
B) Breyer
C) Thomas
D) Ginsburg
Q:
Congress may not financially coerce the states into pursuing a federal objective.
Q:
The powers to tax citizens, charter banks, and build roads are examples of ________ powers between the federal and state governments.
Q:
In which case can the following quotation be found?
"[T]he cases are remanded to the District Courts to take such proceedings and enter such orders and decrees consistent with this opinion as are necessary and proper to admit to public schools on a racially nondiscriminatory basis with all deliberate speed the parties to these cases."
A) Swann v. Charlotte-Mecklenberg Bd. of Education
B) Brown v. Board of Education of Topeka (I)
C) Brown v. Board of Education of Topeka (II)
D) Milliken v. Bradley
Q:
Congress may not enact legislation mandating that the states regulate a subject.