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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.
Q:
Whether there is a right to a federal jury trial is based largely on:
a. previous cases heard and common law analysis.
b. the geographical jurisdiction of the offense.
c. whether or not the issue is of local or national importance.
d. whether or not federal civil remedies are sought.
Q:
In Colgrove v. Battin, the Supreme Court upheld juries comprised of ________members in federal civil trials.
a. 6
b. 8
c. 10
d. 12
Q:
The Supreme Court held there is no right to a federal jury trial when Congress had created other administrative remedies in:
a. Thomas v. Union Carbide
b. Curtis v. Loether
c. Colgrove v. Battin
d. Griswold v. Connecticut
Q:
The first state to pass a victims' rights constitutional amendment was:
a. Texas.
b. Florida.
c. Massachusetts.
d. California.
Q:
Griswold v. Connecticut is considered the first case in which the Supreme Court addressed the Ninth Amendment, and dealt with the legality of :a. pornographyb. abortionc. interracial marriaged. contraception
Q:
Women were given the right to vote by the:
a. Fifteenth Amendment
b. Seventeenth Amendment
c. Nineteenth Amendment
d. Twentieth Amendment
Q:
The Supreme Court held that Congress had the authority to establish a national bank in:
a. United States v. Darby
b. Bowers v. Hardwick
c. Olmstead v. United States
d. McCulloch v. Maryland
Q:
The ________Amendment gave the vote to black males.
a. Fifteenth
b. Nineteenth
c. Twenty-First
d. Twenty-Third
Q:
The __________Amendment lowered the voting age to 18.
a. Twenty-Sixth (1971)
b. Nineteenth (1920)
c. Twenty-Seventh (1992)
d. Twenty-Second (1951)
Q:
The federal income tax was established in the:
a. Fifteenth Amendment
b. Sixteenth Amendment
c. Seventeenth Amendment
d. Eighteenth Amendment
Q:
The United States Supreme Court struck down the portion of the Brady Bill which compelled local law enforcement to perform background checks on handgun applicants, holding the requirement violated:
a. the right to privacy.
b. separate state sovereignty
c. the commerce clause.
d. the Fourth Amendment.
Q:
Some argue that the judges are reluctant to use this amendment because it's language is vague, never defining what specific rights are protected.
a. Ninth Amendment
b. 11th Amendment
c. 10th Amendment
d. 13th Amendment
Q:
In ____________, the Supreme Court upheld the Fair Labor Standards Act of 1938.
a. United States v. Darby
b. Bowers v. Hardwick
c. Olmstead v. United States
d. McCulloch v. Maryland
Q:
The ________was designed in response to fear of a national government with too much power which was, at the time, considered to be the greatest threat to liberty.
a. Eleventh Amendment
b. Fourteenth Amendment
c. Tenth Amendment
d. Twelfth Amendment
Q:
The Fourteenth Amendment:
a. guarantees equal protection of the laws.
b. abolished slavery.
c. allows free travel throughout the nation.
d. granted the right to vote to freed male slaves.
Q:
The Thirteenth Amendment:
a. overturned the Dred Scott decision and prohibits slavery.
b. outlines the structure of the federal judiciary.
c. established how representatives are apportioned and what their qualifications are..
d. prohibited the sale and purchase of intoxicating liquors.
Q:
The ______Amendment has never been subjected to Supreme Court review.
a. Third
b. Seventh
c. Ninth
d. Tenth
Q:
Selective incorporation is:
a. incapable of precise constitutional definition.
b. the concept used to apply certain amendments to state government.
c. outlined in the Fourteenth Amendment.
d. the means by which the Constitution applies to the states.
Q:
The powers of the national government, both enumerated and implied, are known as the:
a. delegated powers
b. reserve powers
c. primary powers
d. federalist powers
Q:
Stands for the proposition that rights not specifically referred to within the Constitution are no less protected. a. Eighth Amendmentb. 10th amendmentc. Ninth Amendmentd. 11th amendment
Q:
The powers kept by the states under the Tenth Amendment are known as:
a. delegated powers
b. reserve powers
c. primary powers
d. secondary powers
Q:
In Griswold v. Connecticut, Justice Douglas stated that the various Bill of Rights guarantees--such as those contained in the Third, Fourth, and Fifth Amendments--created areas of life safe from government intrusion known as:
a. emanating liberties
b. specific rights
c. zones of privacy
d. havens of liberty
Q:
The concept of balanced government being so important to the states, the only amendment agreed upon by all the states recommending a Bill of Rights was the:
a. Third Amendment
b. Seventh Amendment
c. Ninth Amendment
d. Tenth Amendment
Q:
The _________Amendment has been used by the Supreme Court to infer the right to privacy.
a. Third
b. Seventh
c. Ninth
d. Tenth
Q:
Who opposed an enumerated Bill of Rights?
a. George Washington
b. James Madison
c. Nathan Hale.
d. Thomas Jefferson.
Q:
The Ninth Amendment deals with the concept(s) of:
a. due process.
b. suits at common law.
c. enumeration of certain rights.
d. federalism.
Q:
The Constitution gives Congress the power to make laws to carry out its enumerated powers through the:
a. supremacy clause
b. federal powers doctrine
c. necessary and proper clause
d. due diligence doctrine
Q:
The Third Amendment:
a. addresses suits at common law.
b. deals with lawsuits exceeding $20.
c. prohibits the quartering of soldiers in homes during times of peace.
d. has been challenged numerous times throughout the history of America.
Q:
Posting bail money allows an individual to be released before trial if they promise to return or forfeit the amount of money of the bail bond. Posting bail allows individuals to prepare a defense and to continue earning income if they are employed. Excessive bail is prohibited by the Constitution, though people who cannot afford bail must stay in jail. Additionally, bail bondsmen are in the business of lending money to those who cannot afford to post bail for profit. If a person fails to show up at a hearing and the bail bondsman must pay the amount of the bond. Some jurisdictions allow bounty hunters, who do not operate under Fourth Amendment and other legal constraints, to pursue and detain individuals who have fled in violation of their bond. Does the system discriminate against the poor? How could it be changed to be a better system?
Q:
In civil lawsuits, punitive damages are designed to punish a wrongdoer and act as a warning to others not to engage in similar conduct. For example, an individual might suffer $10,000 in compensatory damages because of lost wages or medical expenses, but the jury could award $1 million to punish the defendant over and above compensatory damages. The Eighth Amendment prohibits punishment by excessive fines in criminal cases, but not in civil cases involving punitive damages. Therefore, the $1 million judgment in the civil suit would, if imposed as a fine by a judge or jury in a criminal court, likely violate the Eighth Amendment. Do you think this distinction is a relevant one? Why should punishment by the government be considered different than punishment by an individual?
Q:
In 1994 80% of the US public supported capital punishment. In 2013, 63% of Americans were in favor of the death penalty. A survey of police officers found that 94% favored the death penalty, with 96% of the police giving as the primary reason that it removed a dangerous person from the population. Another reason given was that capital punishment serves as a powerful deterrent to murder. In 2010, 88% of the country's top academic criminological societies rejected the notion that the death penalty acts as a deterrent to murder. Do these statistics strongly support the argument that capital punishment is inappropriate one in the United States today? Can you suggest an alternate explanation for these statistics?
Q:
The Supreme Court has banned execution of the insane. However, the Supreme Court allowed Arkansas officials to force a convicted murderer to take drugs to make him sane enough to be executed in Singleton v. Norris (2003). The Supreme Court also held that an inmate who becomes mentally ill while in prison could not be executed in Ford v. Wainwright (1986). Using the Eighth Amendment's "cruel and unusual" standard, how can you reconcile the decisions in the Arkansas case and the Ford v. Wainwright case? In one situation, an insane person can be medicated and then put to death, while another person who becomes insane cannot. Beyond the Eighth Amendment, do you think there are any ethical issues raised by the Arkansas case?
Q:
Most states will not consider the death sentence for anyone younger than a. 15 years of age.b. 16 years of age. c. 17 years of age. d. 18 years of age.
Q:
Electronic monitoring that ensures a probationer does not leave home except to go to work is known as a. home prison.b. parole.c. restitution in person.d. an intermediate sanction.
Q:
The percentage of parolees in 2011 who were women was a. 20b. 31 c. 8 d. 11
Q:
In a 2006 lawsuit, McAdams v. Bush, plaintiffs sought to overturn a section of Florida's voting law. The section in question, passed 142 years ago, bans voting by people with felony convictions. Under this law, more than six hundred thousand people are barred from voting, and one in ten African Americans is barred from voting. McAdams argues that the law violates the Voting Rights Act and the Constitution. After winning his case at trial, but losing in the state supreme court, McAdams asked the U.S. Supreme Court to decide the case and ultimately to rule that the law violates the 1965 Voting Rights Act as well as the equal protection clause of the Fourteenth Amendment. Given that other states have restored voting rights to former convicts, how would you decide this case? Be sure to make clear references to existing precedent to justify your decision.
Q:
The Supreme Court stated that a school child has little need for protection of the Eighth Amendment in a. Arave v. Creechb. Miller v. Alabamac. Ingraham v. Wrightd. Rhodes v. Chapman
Q:
Invoking the Eighth Amendment, the Supreme Court found a 90 day sentence for being addicted to the use of narcotics excessive in
a. Robinson v. California
b. Coker v. Georgia
c. Anderson v. Alabama
d. Pulley v. Harris
Q:
Describe how the Court's jurisprudence in voting rights cases has changed over time. Rather than simply provide a chronological explanation of these cases, be sure to provide an analysis of the major cases in this area and how they fit with one another (for example, was a past case overruled or upheld, and why?). Then explain the Court's current stance in this area of the law, including an analysis of how Bush v. Gore fits with existing voting rights precedents. Finally, based on the makeup of the Court today, how do you see the Court deciding voting rights cases in the near future and why?
Q:
How did the dissenters respond to the majority argument in Shelby County?
Q:
Under the Eighth Amendment punishments must be proportional or________to the crime committed.
Q:
The amount seized through asset forfeiture must bear some relation to the__________of the illegal enterprise.
Q:
What rationale did Chief Justice Roberts use to justify striking down Sections 4 and 5 of the Voting Rights Act in Shelby County?