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1
Q

True or False - The Lochner Era was a 40 year period of time in which the US Supreme Court struck down nearly 200 federal and state economic regulations.

A

True

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2
Q

True or False: Joe Lochner tried to avoid running afoul of the Bake Shop Act by making all of his employees partial owners of his bakery

A

False

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3
Q

True or False: police powers describe the legal authority that states have to enact measures to protect the health, safety, and welfare of their citizens.

A

True

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4
Q

Fill in the blank:
“The majority opinion in Lochner held that the right of ___ is protected by the ___ prong of the Due Process clause of the Fourteenth Amendment.

A

contract, liberty

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5
Q

True or False: One criticism of the majority opinion in Lochner is that is created a fundamental, unenumerated right.

A

True

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6
Q

Which of the following factors contributed to the pass of New York’s Bake Shop Act?

Public exposés revealing the unsanitary conditions in bakeries

Lobbying by the Journeyman Bakers union for better working conditions and shorter hours.

Justice Pekham’s majority opinion in Lochner, holding that the due process clause of the 14th amendment protects the right to contract.

New York legislators’ belief that employees and employers should have the right to contract.

A
  1. Public exposes revealing the unsanitary conditions in bakeries.
  2. Lobbying by the Journeyman Bakers union for betting working conditions and shorter hours.
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7
Q

Who said “The Supreme Court’s decision in Holden v. Hardy, upholding a maximum-hours law on miners, does not apply to the facts in the Lochner case because bakers do not work in an occupation that endangers their health..”

A

Justice Peckham’s Majority Opinion

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8
Q

Who said “There is a real and substantial relationship between the “means” employed by the state (i.e., the Bake Shop Act) and the “end” the legislation sought to accomplish (i.e., protection of health).”

A

Justice Harlan’s Dissenting Opinion

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9
Q

Who said “The Constitution does not embody a particular economic theory”

A

Justice Holme’s Dissenting Opinion

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10
Q

True or False: The right to contract is a federal right granted by the Privileges or Immunities clause of the Fourteenth Amendment.

A

False

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11
Q

Which argument does Justice Holmes’ make in his dissent in Lochner?

The 14th Amendment Equal Protection clause is violated when employees and employers have unequal bargaining power with regard to labor contracts.

A reasonable person would think that limiting the hours of employees in bakeries is legitimately related to public health.

The Constitution protects the right of employees to work on Sunday.

The majority opinion adopts the economic theory of labor that was advanced by the bakers’ union.

A

A reasonable person would think that limiting the hours of employees in bakeries is legitimately related to public health.

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12
Q

True or False: Griswold v. Connecticut struck down Connecticut’s contraceptive statute on the grounds that it violated a right to privacy guaranteed by the Fourteenth Amendment’s Due Process Clause.

A

False

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13
Q

True or False: In Whole Women’s Health v. Hellerstedt and in June Medical Services v. Russo, the court added a proportionality element to the undue burden standard, which required it to weigh the benefits of the state action against its costs.

A

True

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14
Q

Who said in Griswold: “The right of privacy emanates from the penumbras of the Bill of Rights”?

A

Justice Douglas

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15
Q

Who said in Griswold: “The ninth amendment provides strong textual support for a right to privacy”?

A

Justice Goldberg joined by Justices Warren and Brennan

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16
Q

Who said in Griswold “The right to privacy is located in the liberty prong of the Fourteenth Amendment’s Due Process Clause”?

A

Justice Harlan

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17
Q

Who said in Griswold “There is not a right to privacy in the Constitution or its amendments”

A

Justice Black joined by Justice Stewart

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18
Q

True or False: In Eisenstadt v. Baird, the Court relied on the Equal Protection Clause of the Fourteenth Amendment to strike down a Massachusetts law that prohibited distribution of contraceptives to unmarried people.

A

True

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19
Q

According to the Court in Gonzales v. Carhart, which represent legitimate government interests in regulating abortion?

Safeguarding the dignity of all human life, born and unborn.

Upholding the integrity of the medical profession.

Drawing a bright line between abortion and infanticide.

None of the above

A
  1. Safeguarding the dignity of all human life, born and unborn.
  2. Upholding the integrity of the medical profession.
  3. Drawing a bright line between abortion and infanticide.
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20
Q

Which provisions of Pennsylvania’s abortion statute did the Court uphold in Casey?

A
  1. The informed consent requirement
  2. Parental notification with optional judicial bypass
  3. The medical emergency exception
  4. The 24 hour waiting period
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21
Q

Which provision of Pennsylvania’s abortion statute did the Court strike down in Casey?

A

Spousal notification

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22
Q

In which case does the majority opinion state that there is a right to decide whether to bear or beget a child?

A

Eisenstadt v. Baird

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23
Q

What is true with regard to the Court’s holding in Roe v. Wade?

After the first trimester, states can regulate abortion procedures and facilities as long as those regulations reasonably relate to the preservation and protection of the pregnant person’s health.

The state can prohibit abortions after viability, but it must include an exception for the life or health of the pregnant person.

The state’s interest in the potential life of the fetus becomes compelling at viability.

The state’s interest in the health of the pregnant person becomes compelling at the beginning of the first trimester.

A
  1. After the first trimester, states can regulate abortion procedures and facilities as long as those regulations reasonably relate to the preservation and protection of the pregnant person’s health.
  2. The state can prohibit abortions after viability but it must include an exception for the life or health of the pregnant person.
  3. The state’s interest in the potential life of the fetus becomes compelling at viability.
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24
Q

True or False, under the holding in Casey, states could ban abortion after viability if the law included an exception for the life or health of the pregnant person.

A

True

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25
Q

What is true about Gonzales v. Carhart?

1.The Court held that, like the Nebraska statute at issue in Stenberg v. Carhart, the federal Partial Birth Abortion Act was unconstitutionally vague.

  1. The Court struck down the federal Partial Birth Abortion Act under the liberty prong of the Fourteenth Amendment’s due process clause.
  2. The Court held that the absence of a health exception for the pregnant person violated the undue burden standard set forth in Casey.
  3. A key issue at oral argument was the amount of deference courts should give congressional findings about the medical necessity of intact D&E (also referred to by Congress and the Court as partial-birth abortion).
  4. The Court applied rational basis review and held that the state has legitimate interests in banning abortion.
A
  1. A key issue at oral argument was the amount of deference courts should give congressional findings about the medical necessity of intact DE.
  2. The Court applied rational basis review and held that the state has legit interests in banning abortion.
26
Q

Which of the following statements is true about the plaintiffs in Lawrence v. Texas?

John Lawrence and Tyron Garner both had extensive criminal records.

John Lawrence and Tyron Garner were eager to participate in the legal fight against Texas’ anti-sodomy statute.

John Lawrence and Tyron Garner were having a one-night stand when they were arrested.

The police entered John Lawrence’s apartment without a warrant and without cause on the night of his arrest.

Justice Kennedy’s majority opinion in Lawrence accurately describes the loving relationship that John Lawrence and Tyron Garner aspired to have together.

A

John Lawrence and Tyron Garner both had extensive criminal records.

27
Q

Which of the following statements is false?

In Washington v. Glucksberg, every justice voted to uphold Washington’s ban on assisted suicide.

In Washington v. Glucksberg, the Court determined that the right to assistance in committing suicide is not a fundamental right.

In Washington v. Glucksberg, the Court reviewed the history of laws criminalizing assisted suicide to determine whether the case involved a fundamental right.

In Washington v. Glucksberg, the Court determined that the state’s ban on assisted suicide was narrowly tailored to serve its compelling interest in the preservation of life.

A

In Washington v. Glucksberg, the Court determined that the state’s ban on assisted suicide was narrowly tailored to serve its compelling interest in the preservation of life.

28
Q

In Cruzan v. Director Missouri Dept. Health, the Court majority did all of the following except:

Infer that a competent person has a constitutionally protected liberty right to refuse unwanted medical treatment

Determine that states can require clear and convincing evidence of the patient’s wishes before suspending life-medical saving treatment

Apply rational basis review to evaluate Missouri’s law concerning refusal of medical treatment

Defer to states on the issue of what constitutes clear and convincing proof of a person’s desire to terminate treatment.

Infer that a competent person has a constitutionally protected right to refuse lifesaving nutrition and hydration

A

Apply rational basis review to evaluate Missouri’s law concerning refusal of medical treatment

29
Q

What two cases were overturned by Dobbs?

A
  1. Planned Parenthood v. Casey
  2. Roe v. Wade
30
Q

How did the majority opinion in Dobbs address the concept of stare decisis?

A

The majority argued that Roe and Casey failed the stare decisis test because they lacked consistent legal reasoning and caused unworkable standards.

31
Q

Which of the following statements are true about Dobbs?

The Court invoked Washington v. Glucksberg to justify its approach to conducting substantive due process analysis.

States may ban abortion as long as there is an exception for the life of the pregnant person.

The Court’s description of the elements of stare decisis are the same in Casey and Dobbs.

The Court applied the fundamental fairness test to determine whether abortion is deeply rooted in the nation’s history and tradition.

States may ban abortions before viability if the undue burden standard is met.

A
  1. The Court invoked Washington v. Glucksberg to justify its approach to conducting substantive due process analysis.
  2. The Court applied the fundamental fairness test to determine whether abortion is deeply rooted in the nation’s history and tradition.
32
Q

Which of the following is true?

In Lawrence v. Texas, the Court struck down Texas’ criminal laws against sodomy, fornication, and incest because the state’s moral disapproval of those behaviors is not a legitimate state interest.

The Georgia statute at issue in Bowers v. Hardwick banned sodomy regardless of whether the particpants were of the same or opposite sex.

The Texas statute at issue in Lawrence v. Texas banned sodomy regardless of whether the particpants were of the same or opposite sex.

In his dissent in Lawrence v. Texas, Justice Scalia argued that Texas had a legitimate state interest in preventing sexual behavior that society believed was immoral.

In Lawrence v. Texas, the Court held that moral disapproval of a particular practice is not a legitimate state interest.

A
  1. The Georgia statute at issue in Bowers v. Hardwick banned sodomy regardless of whether the participants were of the same or opposite sex.
  2. In his dissent in Lawrence v. Texas, Justice Scalia argued that Texas had a legitimate state interest in preventing sexual behavior that society believed was immoral.
  3. In Lawrence v. Texas, the Court held that moral disapproval of a particular practice is not a legit state interest.
33
Q

Which is true about Dobbs?

In his concurring opinion, Justice Kavanaugh contends that a state can impose criminal sanctions on its residents if they travel to another state for an abortion.

In his concurring opinion, Justice Thomas argues that the Court should overrule all its substative due process precedents.

In his concurring opinion, Chief Justice Roberts agrees with the majority that the viability rule from Roe and Casey should be set aside, but unlike the majority, he believes women should have a reasonable opportunity to choose abortion.

The majority opinion argues that the substantive due process cases that Roe and Casey rely on do not apply because abortion poses unique moral questions.

A
  1. In his concurring opinion, Justice Thomas argues that the Court should overrule all its substative due process precedents.
  2. In his concurring opinion, Chief Justice Roberts agrees with the majority that the viability rule from Roe and Casey should be set aside, but unlike the majority, he believes women should have a reasonable opportunity to choose abortion.
  3. The majority opinion argues that the substantive due process cases that Roe and Casey rely on do not apply because abortion poses unique moral questions.
34
Q

In Lawrence v. Texas, Justice Scalia predicts the outcome of what case

A

none of the above

35
Q

In their dissenting opinion in Dobbs, Justices Breyer, Sotomayor, and Kagan argue that the majority abandons the principle of ___ and undermines the constitutional protection of ___ under the Fourteenth Amendment’s Due Process Clause

A

stare decisis, liberty

36
Q

Who authored majoirty opinion in Dred Scott

A

Roger Taney

37
Q

Who refused Dred Scott offer to buy his freedom

A

Irene Emerson

38
Q

Who covered Dred Scott legal fees for his case

A

Henry Taylor Blow

39
Q

Who took dred scott into illinois and the wisconsin territory

A

john emerson

40
Q

Who was the abolitionist whose wife owned Dred Scott

A

Calvin Chaffee

41
Q

Who was the person after whom Dred and Harriett Scott’s first daughter was named

A

Elizabeth Taylor Blow

42
Q

Which of the following statements about the U.S. Supreme Court’s decision in Dred Scott v. Sandford are false?

The Court exercises the power of judicial review for the second time in its history.

All of the justices that join majority opinion are Democrats.

The Court upholds the constitutionality of the Missouri Compromise of 1820.

Dred Scott sues on behalf of himself and all similarly situated slaves in the state of Missouri.

The case is incorrectly titled due to a typographical error.

A
  1. The court upholds the constitutionality of the Missouri Compromise of 1820
  2. Dred Scott sues on behalf of himself and all similarly situated slaves in the state of Missouri
43
Q

True or False: george Curtis, one of Dred Scott’s lawyers, and Benjamin Curtis, a SCOTUS Justice, were related.

A

TRUE

44
Q

True or False: Dred Scott lives for 5 years as a free man

A

FALSE

45
Q

All of the following statements are true except:

The U.S. Supreme Court held that it lacked jurisdiction in Dred Scott v. Sandford.

The federal district court accepted the Dred Scott case under diversity jurisdiction.

All of the justices who joined the majority opinion in Dred Scott (S. Ct) were southerners.

The dissenting justices in Dred Scott (S. Ct.) were Whigs.

In Dred Scott v. Sandford (S. Ct), the Court held that slaves do not gain freedom when they travel to free states.

A

All of the justices who joined the majority opinion in Dred Scott (S. Ct) were southerners.

46
Q

True or False: The U.S. Constitution uses the word “slavery” in three provisions: to address apportionment of seats in the House of Representatives; to prevent Congress from outlawing slavery before 1808; and to require free states to return fugitive slaves that escape into their territory.

A

FALSE

47
Q

Place the following events and cases in chronological order.

State v. Post
Scott v. Sanford
End of Civil War
Enactment of the 14th
Missouri Compropmise
Emancipation Proclamation

A

Missouri Compromise
state v post
scott v. sanford
emancipation proclamation
end of civil war
enactment of the fourteenth amendment

48
Q

Which of the following arguments did Justice Nevius offer to support the holding in State v. Post? Select all that apply.

The New Jersey Constitution did not intend to abolish slavery.

Chief Justice Shaw’s opinion in a similar Massachusetts case bolsters Justice Nevius’ reasoning in State v. Post.

The U.S. Constitution recognizes slavery.

Judges must rule by law and not be influenced by public sentiment.

The Supreme Court’s decision in Dred Scott recognizes the legal permissibility of slavery.

A

The New Jersey Constitution did not intend to abolish slavery.

The U.S. Constitution recognizes slavery.

Judges must rule by law and not be influenced by public sentiment

49
Q

True or False: In Trump v. Hawaii, the Supreme Court applied strict scrutiny and upheld the travel ban because national security is a compelling state interest.

A

FALSE

50
Q

True or False: The Fourteenth Amendment Equal Protection clause applies to non-citizens in the territory of the United States.

A

True

51
Q

In the 1950s, several cities chose to drain their public swimming pools to avoid integration. Which of the following best describe’s the state action?

The state action was facially race-specific.

The state action equally violated its residents’ due process rights.

The state action was facially race-neutral.

The state action is an example of unequal administration of a law.

A

The state action was facially race-neutral.

52
Q

In Strauder v. West Virginia, the Supreme Court’s holding hinged on its interpretation of the Equal Protection Clause. Which of the following best describes the Court’s rationale for its decision?

The right to a jury pool free of racial discrimination was not considered fundamental and could be overridden by a state interest in maintaining traditional selection processes.

Despite its racially disparate impact, the law was constitutional because it did not have a racially discriminatory purpose.

The law was unconstitutional because it perpetuated a system of racial inferiority.

The law was unconstitutional as applied because Strauder’s family had been enslaved.

A

The law was unconstitutional because it perpetuated a system of racial inferiority.

53
Q

True or False: Feeney stands for the proposition that race specific laws receive strict scrutiny

A

FALSE

54
Q

Which of the following statements about Grutter v. Bollinger are correct? Choose all that apply.

The Court applied rational basis review and upheld the University of Michigan’s race-conscious admissions policy.

Under the holding in Grutter, universities are permitted to adopt race-conscious admissions policies only after exhausting all race-neutral alternatives.

The Court applied strict scrutiny and upheld the University of Michigan’s race-conscious admissions policy.

The University of Michigan must prove that its race-conscious admissions plan is remedying prior discrimination.

Under the holding in Grutter, universities are permitted to seek a critical mass of students from underrepresented racial groups.

A
  1. The Court applied strict scrutiny and upheld the University of Michigan’s race-conscious admissions policy.
  2. Under the holding in Grutter, universities are permitted to seek a critical mass of students from underrepresented racial groups.
55
Q

In Frontiero v. Richardson, which of the following factors did then-Professor Ginsburg cite as justifying the application of strict scrutiny to sex classifications? Choose all that apply.

Historically, females have faced systemic discrimination akin to minoritized racial groups.

Sex, like race, is an immutable characteristic.

Females, like minoritized racial groups, have a fundamental right to serve in the armed forces.

Federal military regulations should receive strict scrutiny under the precedent set in Korematsu v. United States.

A

Historically, females have faced systemic discrimination akin to minoritized racial groups.

Sex, like race, is an immutable characteristic.

56
Q

Which one of the following principles best describes Justice Thomas’ rationale for dissenting in Grutter?

The anti-subjugation principle

The equal opportunity principle

The colorblind constitution

The anti-caste principle

A

The colorblind constitution

57
Q

In United States v. Virginia, the Court ruled that the creation of a separate military program for women (VWIL) was insufficient to satisfy the Equal Protection Clause. It offered similar reasoning in which one of the following cases?

Sweatt v. Painter

Brown v. Board of Education

Plessy v. Ferguson

Reed v. Reed

A

Sweatt v. Painter

58
Q

Which one of the following statements best describes the Court’s reasoning for invalidating the Oklahoma statute at issue in Craig v. Boren?

The state failed to provide evidence that eliminating sex discrimination was an important governmental objective.

The statistical evidence presented was insufficient to demonstrate that the sex-based classification was substantially related to achieving the state’s traffic safety objectives.

Oklahoma’s sex-based classification was unconstitutional because it was grounded in stereotypes about alcohol consumption by males.

Oklahoma’s sex-based classification was overinclusive and failed basis rational basis review.

A

The statistical evidence presented was insufficient to demonstrate that the sex-based classification was substantially related to achieving the state’s traffic safety objectives.

59
Q

TRUE or FALSE: In U.S. Department of Agriculture v. Moreno, the Court used reverse incorporation to strike down a provision of the Food Stamp Act.

A

TRUE

60
Q

Which one of the following statements about the Court’s holding in Fisher II is correct?

Universities must exhaust race-neutral alternatives before enacting race-conscious admissions plans.

The Court extended judicial deference to the University of Texas on the narrow tailoring prong of its strict scrutiny analysis.

The Court extended judicial deference to the University of Texas on the compelling state interest prong of its strict scrutiny analysis.

A

The Court extended judicial deference to the University of Texas on the compelling state interest prong of its strict scrutiny analysis.

Constitutional Law (11 decks)

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