Case Law

Question 1

Mugler v. Kansas found that while a person has the right to make alcohol for their own use, such a right can be conditioned on its effect on others.

Which constitutional principle was tested in this case?

Answer 1

14th Amendment

The US Supreme Court found that a Kansas prohibition law did not infringe on 14th Amendment rights and that the state legislature may exercise police powers.

Question 2

Which of the following amendments to the United States Constitution prohibits governments from taking private property without just compensation?

Answer 2

Fifth Amendment

The Fifth Amendment provides that “No person shall be…deprived of…property, without due process of law; nor shall private property be taken for public use without just compensation”.

Question 3

1st Amendment to the United States Constitution

Answer 3

Protects freedom of religion, freedom of speech, freedom of the press, freedom of assembly and the right to petition the government.

Question 4

2nd Amendment to the United States Constitution

Answer 4

Protects the right to keep and bear arms

Question 5

3rd Amendment to the United States Constitution

Answer 5

Restricts the quartering of soldiers in private homes

Question 6

4th Amendment to the United States Constitution

Answer 6

Prohibits unreasonable searches and seizures and sets out requirements for search warrants based on probable cause

Question 7

5th Amendment to the United States Constitution

Answer 7

Sets out rules for indictment by grand jury and eminent domain, protects the right to due process, and prohibits self-incrimination and double jeopardy

Question 8

6th Amendment to the United States Constitution

Answer 8

Protects the right to a speedy public trial by jury, to notification of criminal accusations, to confront the accuser, to obtain witnesses and to retain counsel

Question 9

7th Amendment to the United States Constitution

Answer 9

Provides for the right to a jury trial in civil lawsuits

Question 10

8th Amendment to the United States Constitution

Answer 10

Prohibits excessive fines and excessive bail, as well as cruel and unusual punishment

Question 11

9th Amendment to the United States Constitution

Answer 11

States that rights not enumerated in the Constitution are retained by the people

Question 12

10th Amendment to the United States Constitution

Answer 12

States that the federal government possesses only those powers delegated, or enumerated, to it through the Constitution, and that all other powers are reserved to the States, or to the people.

Question 13

Agins v. City of Tiburon

Answer 13

Established that a regulation is a taking if :

I. The regulation deprives a property of all its economically viable uses.
II. The regulation fails to advance a legitimate governmental interest.

Question 14

Associated Home Builders of Greater East Bay v. City of Livermore was related to

Answer 14

when building permits could be developed based on the availability of infrastructure.