Chapter 3 - Constitutional Law - Concepts

Question 1

The federal government and each of the fifty state governments are based on (1), which set forth the (2) and the (3). Each state has its own (4) to interpret state constitutions and sometimes the federal constitution. However, the (5) is the most important developer of constitutional law.

Answer 1

1. written constitutions 2. structure and powers of government 3. rights of citizens 4. court system 5. US Supreme Court

Question 2

(1) refers to the authority of a court of law to review a particular legal issue. In constitutional law, it refers to the power of courts to (2). Thanks to (3), the Supreme Court extended its scope to (4) and (5).

Answer 2

1. Judicial review 2. declare government actions invalid/unconstitutional 3. Marbury v. Madison 4. executive actions 5. state statutes

Question 3

Judicial review is considered a (1) of the American legal and political systems, and is generally thought to preserve the ideal of (2).

Answer 3

1. bedrock principle 2. constitutional supremacy

Question 4

When judicial review cannot rely on (1) in interpreting the Constitution, courts often seek to discern (2). To help with this, they often turn to (3) and (4).

Answer 4

1. plain meaning of text 2. intentions of the Framers 3. the Constitutional Convention debate in 1787 4. The Federalist Papers (James Madison, Alexander Hamilton, John Jay)

Question 5

At odds in interpreting the Constitution are the (1) and the idea of (2), whose meaning evolves according to the “felt necessities” of the times.

Answer 5

1. doctrine of original intent 2. the living Constitution

Question 6

Who ruled in Marbury v. Madison, and what was the basic idea?

Answer 6

Chief Justice Marshall. The idea was that because laws do not always conform to the Constitution, yet the Constitution is seen as paramount, it is in the hands of judicial review to determine which of the conflicting ideas is correct.

Question 7

In common law tradition, courts rely on (1), following what courts have said and done in the past. This doctrine of (2), which means “to stand by things decided,” applies to (3) as well.

Answer 7

1. precedent 2. stare decisis 3. constitutional law/interpretation

Question 8

The best known example of long-standing precedent later overturned were the cases of (1) and (2). In the former, racial segregation on trains, part of the (3) at the time, was challenged as a violation of the (4), which promises equal protection of laws to persons in a state’s jurisdiction. The latter case repudiated (5) in the context of public education, paving the way for abolishment of the idea altogether.

Answer 8

1. Plessy v. Ferguson 2. Brown v. Board of Education 3. Jim Crow Laws 4. 14th Amendment 5. “separate but equal”

Question 9

Courts often exercise (1) to avoid producing political conflict. It is manifested in a number of (2) limiting judicial review, and (3), its opposite, consists of ignoring or circumventing these.

Answer 9

1. judicial self-restraint 2. doctrines 3. judicial activism

Question 10

The most fundamental limiting doctrine of judicial review is the (1), in which there is a presumption of validity for a statute or action until demonstrated otherwise. The party bringing constitutional challenge has the (2). This is based on a respect for (3) and an understanding that judicial review is (4).

Answer 10

1. presumption of constitutionality 2. burden of persuasion 3. legislative bodies 4. counter-majoritarian

Question 11

Exceptional to presumption of constitutionality are laws that (1) or (2), which are subjected to (3).

Answer 11

1. discriminate based on race or national origin 2. abridge fundamental rights 3. strict judicial scrutiny

Question 12

Another fundamental limiting doctrine, (1), holds that a party seeking to challenge a law must have sustained (2) because of the law, such as someone criminally prosecuted under an unconstitutional law. In (3), a pregnant woman brought civil suit to strike down a Texas law banning abortions.

Answer 12

1. standing 2. substantial injury to his rights 3. Roe v. Wade

Question 13

The (1), arising from the opinion of Justice Louis D. Brandeis in (2), limit the exercise of judicial review by steering clear wherever possible of (3). However, in the modern era, especially the (4) of 1954-1969, courts tend to be less cautious with judicial review.

Answer 13

1. Ashwander rules 2. Ashwander v. Tennessee Valley Authority (1936) 3. challenging constitutional law 4. Warren Court (under Chief Justice Earl Warren)

Question 14

The Supreme Court’s original jurisdiction is fixed by (1) of the Constitution. Per Marbury v. Madison, (2) many not alter original jurisdiction, though it may authorize (3) to share it. Congress may, however, alter the SC’s (4).

Answer 14

1. Article III 2. Congress 3. lower federal courts 4. appellate jurisdiction

Question 15

In (1) in 1869, Congress worked to limit the appellate jurisdiction of the Court to prevent it from ruling on the constitutionality of the (2). This by no means indicates Congress could (3), as any attempt to do so would likely be (4).

Answer 15

1. Ex Parte McCardle 2. Reconstruction program 3. completely abolish the Court’s appellate jurisdiction 4. declared invalid

Question 16

In the 1980s a flurry of activity in Congress was aimed at restricting SC jurisdiction to hear appeals in cases dealing with (1) and (2). The constitutionality of such proposals is open to question; they may be construed as undermining the Court’s ability to (3).

Answer 16

1. abortion 2. school prayer 3. fundamental constitutional rights

Question 17

Sometimes Congress will attempt to overturn, evade or modify a SC decision through (1), which is generally unsuccessful because the SC reserves to itself the final word in (2). The best way to bypass a judicial decision is through a (3). Sometimes also the Court will (4).

Answer 17

1. legislation 2. constitutional interpretation 3. constitutional amendment 4. overrule itself

Question 18

For a constitutional amendment to be written, Article V requires a (1) majority vote in both houses of Congress, and ratification by (2) of the states.

Answer 18

1. two-thirds 2. three-fourths

Question 19

Examples of unsuccessful attempts to overturn SC decisions through Constitutional amendments relate to (1) and (2).

Answer 19

1. abortion rights 2. flag burning

Question 20

Another check on the court systems is the (1) by the (2). (3) is by no means automatic. President Nixon is known for changing the face of the Supreme Court with his (4) judges and setting the stage for the (5),

Answer 20

1. appointment of federal judges 2. president 3. Senate approval 4. “constructionist” 5. conservative Rehnquist Court

Question 21

Article I of the Constitution defines (1) as vested in a (2) and (3).

Answer 21

1. legislative power 2. Senate 3. House of Representatives

Question 22

Four other things Article I addresses

Answer 22

1. minimal requirements for members 2. how members are chosen 3. broad authority to each house to determine its own procedures 4. privileges to members of Congress

Question 23

Most of the (1) of Congress are set out in Article 1, Section 8. Despite broad powers, there is no general grant of (2) to Congress, so the power to make laws is reserved to the (3) under the (4).

Answer 23

1. enumerated powers 2. police power 3. states 4. Tenth Amendment

Question 24

However, Congress exercises legislative power well beyond its scope by (1), especially by using its ability to (2), set out in the (3) and interpreted liberally by the Supreme Court. However, in (4), the Court ruled that possessing a firearm near a school was not sufficiently related to interstate commerce. The (5) was struck down in 2000 for the same reason.

Answer 24

1. linking laws to its powers contained in Section 8 2. regulate interstate commerce 3. Commerce Clause 4. United States v. Lopez 5. Violence Against Women Act of 1994

Question 25

The linchpin of the argument that Congress has remained within the scope of its Constitutional powers is the (1) and the related doctrine of (2). This doctrine was established in the case of (3) and holds that Congress may enact law reasonably related to its (4) as long as they do not (5).

Answer 25

1. Necessary and Proper Clause (Article I, Section 8, clause 18) 2. implied powers 3. McCulloch v. Maryland 4. enumerated powers 5. violate a specific prohibition of the Constitution

Question 26

Congress’s implicit, open-ended or non-defined powers are fully recognized in the (1) and in several amendments, including the (2), (3) and (4),

Answer 26

1. Necessary and Proper Clause 2. Thirteenth (no slavery) 3. Fourteenth (equality, voting rights of males, no rebels in office, no questioning of public debt) 4. Fifteenth (no abridgment of voting rights based on race)

Question 27

The case of (1), whose deciding vote was cast by Chief Justice John Roberts, upheld Obamacare’s mandate for health insurance. Though Congress had pushed to include it as a power of (2), the Court upheld it as an exercise of (3). The case transcended partisan politics because (4).

Answer 27

1. National Federation of Independent Business v. Sebelius 2. regulation of interstate commerce 3. Congress’ broad taxing power 4. Roberts was a Republican appointed by George W. Bush

Question 28

Although legislation is Congress’s principal function, (1) of the executive branch is also a responsibility. The Supreme Court ruled in 1881 that Congress’s (2) is a necessary auxiliary of this, as long as it is related to (3). (4) conduct these investigations, such as in (5).

Answer 28

1. oversight 2. power of investigation 3. potential legislation 4. Congressional committees 5. Nixon’s Watergate hearings

Question 29

(1) provides that executive power is vested int the president, while (2) enumerate executive powers. It was debated and generally accepted that Section 1 (3), so the trend is to legitimize broad presidential power, for example in (4).

Answer 29

1. Article II, Section 1 2. Sections 2 and 3 3. independently grants power to the president 4. foreign affairs

Question 30

The Constitution recognizes the President as (1) but does not define this term. Though the general idea is that the President must (2) to declare war, some have used limited military force without this. In (3) Lincoln imposed a naval blockade on southern ports at the outset of the Civil War, though he never declared war on the South, because to do so would be a (4) recognition of the sovereign Confederacy.

Answer 30

1. commander-in-chief 2. await Congressional approval 3. The Prize Cases (1863) 4. de facto

Question 31

Because Presidents, since WWII, have conducted wars by (1) rather than actually declaring war, Congress’s (2), or (3) has been its most effective means of reeling in long wars with high public disapproval. This was seen in (4).

Answer 31

1. getting authorization for the use of force 2. power of the purse 3. ability to withdraw funding for war operations 4. George W.’s operation Iraqi Freedom

Question 32

The (1) in 1964 allowed Johnson to use military force to defend South Vietnam from North Vietnam. In the aftermath of the Vietnam War, Congress enacted the (2) in 1973 to give itself the power to veto military deployment. Despite question of its constitutionality, it has never come under judicial review because (3) and (4),

Answer 32

1. Gulf of Tonkin Resolution 2. War Powers Resolution 3. the veto has never been acted upon 4. courts tend to stay away from controversies between Congress and Exec., especially in war and peace issues.

Question 33

The Framers of the Constitution viewed the principle of (1) and the related system of (2) as essential to limited government and individual liberty.

Answer 33

1. separation of powers 2. checks and balances

Question 34

Congress may not (1), (2), or (3), but it may give specific legislative power to (4),

Answer 34

1. appoint officers 2. invest itself with executive power 3. delegate wholesale legislative power to the executive branch 4. regulatory agencies

Question 35

(1) became a successful challenge to executive privilege of confidentiality when President Nixon refused to comply with a (2) for his (3).

Answer 35

1. United States v. Nixon 2. subpoena duces tecum 3. Watergate Tapes

Question 36

In 1988, the (1) tested the constitutionality of part of the Ethics in Government Act of 1978. The part in question was the appointment of an (2) to investigate and prosecute high-ranking officials for federal crimes. The Court upheld that these should be appointed by (3), while dissenting judge Scalia argued this was an infringement of the President’s constitutionally-assigned (4) duties. The statute was not renewed after (5)’s investigation into President Clinton, which led to impeachment by the (6).

Answer 36

1. Morrison v. Olson 2. independent counsel 3. federal judges 4. investigation/prosecution 5. Kenneth Starr 6. House of Representatives

Question 37

Alongside separation of powers, (1), is another basic structural characteristic of the American constitutional system. This is the (2). Both the national government and states are (3) with their own (4) and (5). However, state governance must conform to the (6).

Answer 37

1. federalism 2. division of power between federal government and state/local government 3. sovereign entities 4. constitutions 5. machinery of government (legislatures, exec. branches, court systems) 6. US Constitution

Question 38

Federalism is in opposition to a (1), which vests all authority in the central government.

Answer 38

1. unitary system

Question 39

After the Revolutionary War, the (1) preceded that (2) as political communities, under the weak central government set out in the (3). When the Constitution was ratified, critics worried about the central government becoming too powerful so the (4) of 1789 gave powers to the states not given to the national government.

Answer 39

1. states 2. Nation 3. Articles of Confederation 4. Tenth Amendment

Question 40

As the national government’s role expanded and conflicts emerged with the states, (1) established the doctrine, based on (2), that state policies may not contravene with (3) national policies.

Answer 40

1. Chief Justice John Marshall 2. the Supremacy Clause of Article VI, paragraph 2 3. constitutionally-consistent

Question 41

The opposing doctrine, that states could (1) unconstitutional actions by the federal government, was set out by Thomas Jefferson in the (2). This extended to the court case (3) in which the Supreme Court rejected the idea that states could secede from the Union.

Answer 41

1. nullify 2. Kentucky Resolution of 3. Texas v. White

Question 42

Events of the 19th Century shaped cultural attitudes and brought citizens to more highly regard the national government, which in turn affected constitutional law. The Supreme Court switched gears from (1), in which nation and state are separate entities, to (2), in which there is considerable interaction. This change has also revealed (3), in which the federal government uses its superior fiscal resources to prod states into adopting policies (such as in 1980 when it forced states to (4) in exchange for (5).)

Answer 42

1. dual federalism 2. cooperative federalism 3. coercive federalism 4. raise the drinking age to 21 5. continued highway funding

Question 43

In (1), an attempt to make local officials carry out federal program by making local law enforcement to perform background checks on gun buyers, was struck down as unconstitutional.

Answer 43

Printz v. United States

Question 44

Despite the Framers’ lack of anticipation for the rise of a pervasive national government and thus general lack of clearly enumerated individual rights, the following four rights were referred to explicitly: (1), (2), (3), (4)

Answer 44

1. limitation on prosecution of treason 2. guarantee of habeas corpus 3. prohibition against bills of attainder 4. prohibition against ex post facto laws

Question 45

(1) sought to narrowly define treason as (2) or (3). Such a crime would require (4) or (5). Punishment could be (6), but only (7).

Answer 45

1. Article III, Section 3 2. levying war against the US 3. aiding/comforting enemies 4. two witnesses 5. confession in open court 6. decided by Congress 7. for the lifetime of the traitor (not descendents)

Question 46

(1) sets out that the write of habeas corpus cannot be suspended except for (2). This details the prisoner’s rights not to be (3) or (4). The Supreme Court upheld these rights to (5) who were incarcerated at Guantanamo Bay.

Answer 46

1. Article I, Section 9 2. public safety requirements 3. held unlawfully 4. denied due process of law 5. 9/11’s “enemy aliens”

Question 47

(1) prohibit Congress and state legislatures from passing (2), which alter the legal status or consequences of an action already performed. To be invalidated in this way, the law must (3) and (4).

Answer 47

1. Article I, Sections 9-10 2. ex post facto laws 3. be retroactive–apply to events that occurred before its passage 4. seriously disadvantage the accused, by more likely conviction or more severe consequences

Question 48

In (1) a series of sexual assault convictions were reversed by the Supreme Court because the defendant was convicted under an amended law that changed the age of victims for “testimony-only” prosecution. This was an example of a decision relying on (2).

Answer 48

1. Carmell v. Texas 2. Ex Post De Facto Clause

Question 49

(1) also prohibit Congress from adopting (2), which impose punishment without the benefit of a trial in a court of law. This was seen after the Civil War in the striking down of statutes barring (3) without an oath that the person (4).

Answer 49

1. Article I, Sections 9-10 2. bills of attainder 3. certain types of employment 4. an oath that the person had not sided with the Confederacy

Question 50

The two bills of attainder struck down after WWII were in (1), in which three named federal employees were barred from benefits because they were “subversives,” and (2), in which members of the Communist party were barred from serving as officers in trade unions.

Answer 50

1. United States v. Lovett 2. States v. Brown

Question 51

(1) prohibits states from passing laws impairing the obligation of contracts. This (2) was important in early American (3), but in more modern times it is rarely used and has actually been cast aside, such as during the (4).

Answer 51

1. Article I, Section 10 2. Contract Clause 3. economic development 4. Great Depression (postponement of foreclosures)

Question 52

The (1) was drafted by (2) and added by the First Congress, urged by Thomas Jefferson, to help secure state ratification of he Constitution. It was originally intended to limit the (3), but in the late 19th Century the Supreme Court held that multiple provisions applied to (4). This addition to the constitution consists of the (5).

Answer 52

1. Bill of Rights 2. James Madison 3. federal government 4. states as well 5. first ten amendments

Question 53

6 main rights the First Amendment secures

Answer 53

1. freedom of the press 2 freedom of speech 3. freedom of assembly 4. right to petition government for a redress of grievances 5. establishment of religion (Establishment Clause) 6. free exercise of religion (Free Exercise Clause)

Question 54

The Free Exercise Clause provides virtually absolute protection for the right to express (1) and to (2). It also protects the right to (3) and (4) on behalf of religious organizations. It does not, however, permit (5).

Answer 54

1. religious beliefs 2. assemble with other believers 3. solicit funds 4. proselytize 5. flouting of criminal laws applicable to everyone (substances, medical treatment, polygamy)

Question 55

The (1) stated that in evaluating free exercise of religion under the First Amendment, the (2) should be applied, which mandates the claimant demonstrate a (3) and that (4), In response, the government must demonstrate a (5) and that it is (6). Under this test, an exception was carved out for certain (7).

Answer 55

1. Religious Freedom Restoration Act of 1993 2. Sherbert Test 3. sincere belief 4. the government has placed undue burden on that belief 5. compelling interest for its burden 6. using the least restrictive means 7. certain controlled substances in religious ceremonies

Question 56

The (1) of the Constitution has been interpreted by the SC as establishing a (2), though there are arguments over how thick that wall should be. The three-part test to determine violation of this clause is called the (3), because it was articulated as part of the case (4). This test is administered by (5) and sometimes faces criticism.

Answer 56

1. Establishment Clause 2. separation of church and state 3. Lemon test 4. Lemon v. Kurtzman 5. judges

Question 57

Three prongs of the Lemon test

Answer 57

1. Law/policy must have a secular legislative purpose 2. Principal effect must be one that neither advances nor inhibits religiou 3. Must not foster an excessive government entanglement with religion

Question 58

The separation of church and state has been debated for issues like (1) and (2). The (3) invalidated the former in the early 1960s and that decision has been (4) since then. However the (5) and (6) have not been seen to breach the Establishment Clause

Answer 58

1. prayer/Bible study in schools 2. teaching of creation science 3. Warren Court 4. reaffirmed many times 5. placing of public school teachers in parochial schools to help disadvantaged kids 6. grants by the federal government for provisions to religious schools (alongside other public/private schools)

Question 59

Freedom of speech and press are often referred to jointly as (1). “Redress of grievances” is also referred to as (2), a principal activity of interest groups.

Answer 59

1. freedom of expression 2. lobbying

Question 60

The outer bounds of free expression are marked where it can cause danger. In the past, this was referred to as the (1); in 1969 the SC reformulated it to speech that posed a danger of (2). There are also limits on expression in public, subject to (3) which may not be used in a discriminatory manner.

Answer 60

1. clear and present danger 2. imminent lawless action 3. time, place and manner regulations

Question 61

Freedom of expression does not include the right to commit (1) or (2), though suing for (3) is tough for public figures without showing (4).

Answer 61

1. libel 2. slander 3. defamation 4. actual malice

Question 62

(1) is not protected under the First Amendment; however, its definition relies on (2) and usually focuses entirely child pornography.

Answer 62

1. obscenity 2. contemporary community standards

Question 63

Expressions of hatred and bigotry are protected under the First Amendment except when using (1)–threats or insults likely to incite violence. (2) may not receive the same protection as other forms of speech.

Answer 63

1. fighting words 2. purely commercial speech

Question 64

Although the Supreme Court ruled in a case of (1) that rights are not shed at the school gates, some restrictions have been exercised on school speech, such as a (2) and a (3). The argument in favor of restriction is a (4).

Answer 64

1. students protesting Vietnam at school 2. school newspaper story 3. shirt worn at a school event 4. significant, perhaps compelling interest

Question 65

One example of expression stifled under the Clear and Present Danger doctrine was seen in (1), in which a member of the socialist party distributed literature urging Americans to resist the draft, which was seen to obstruct the war effort.

Answer 65

1. Schenck v. United States

Question 66

One common law doctrine has been grafted onto the First Amendment through judicial interpretation: (1), which seeks to stop publications from circulating material. This may not be used as a form of (2) but maybe used in threats to (3). One case in which this test did not stand up was in regard to NYTimes and the Washington Post publishing the (4), a study on US Decision Making Process on Vietnam Policy.

Answer 66

1. prior restraint 2. censorship 3. national security 4. Pentagon Papers

Question 67

Though not directly mentioned, implicit in the First Amendment is the (1), or the right to freely associate with people of one’s choosing. This was tested in both a case about the (2) and the (3); the latter stood up in court, and was a victory to (4).

Answer 67

1. freedom of association 2. Jaycees prohibiting women 3. Boy Scouts of America prohibiting openly gay men as scout leaders 4. private organizations wishing to be protected from governmental intrustion

Question 68

The second amendment refers to a need for a (1) as well as the (2), which the SC interpreted in 1875 as not guaranteeing (3) Accordingly in the modern era, the Court uniformly upheld (4). In a court case in 2008, that decision was (5).

Answer 68

1. well-regulated Militia 2. right to keep and bear arms 3. individuals the right to possess guns 4. gun control legislation 5. reversed

Question 69

However, in the court case in 2008 in which gun rights were said to be protected by the Second Amendment, (1) made clear that the Court did not cast doubt on legislation keeping guns out of the hands of (2) and (3), carried in (4), or (5).

Answer 69

1. Justice Antonin Scalia 2. the mentally ill 3. felons 4. sensitive areas like schools and courts 5. laws imposing conditions/qualifications on the commercial sale of arms

Question 70

The Third Amendment (1). It is not really relevant anymore but does show that (2).

Answer 70

1. prohibits military authorities from quartering troops in citizens’ homes without their consent 2. the military is subordinate to civilian authority

Question 71

The Fourth Amendment protects citizens from (1) conducted by (2). It was important in the case of (3), in the court held that evidence obtained in violation to the 4th could not be used in criminal prosecutions, and in (4), in which this protection extended to wiretapping.

Answer 71

1. unreasonable searches and seizures 2. police and other government agents 3. Mapp v. Ohio 4. Katz v. United States

Question 72

The Fifth Amendment protects, in part, (1). It requires the federal government to obtain an (2) from a (3) before trying someone for a major crime. It also prohibits (4), or being tried for the same crime twice. And it protects again (5), or “taking the Fifth.”

Answer 72

1. rights of the accused 2. indictment 3. grand jury 4. double jeopardy 5. compulsory self-incrimination

Question 73

The Fifth Amendment also protects against arbitrary use of (1), though it allows even (2) to take private property as long as it serves a (3). However, the Takings Clause also demands the government provide (4) for taking property. The Fifth Amendment also protects the right of (5), which applies to eminent domain because owners may challenge takings.

Answer 73

1. eminent domain 2. private developers 3. public purpose 4. just compensation 5. due process of law

Question 74

The Sixth Amendment is concerned exclusively with (1). Among these rights are (2), right of the defense to (3), (4), and (5), even if one must be provided at public expense.

Answer 74

1. rights of the accused 2. speedy and public trial by impartial jury 3. cross-examine prosecutorial witnesses 4. compulsory process (right to subpoena witnesses) 5. right to counsel

Question 75

The Seventh Amendment covers the (1). Originally it was interpreted as applying only to (2), but it has been expanded to (3). It does not apply to (4), and the jury can be as small as (5).

Answer 75

1. right to a jury trial in civil suits 2. common law cases over $20 3. statutory rights 4. adjudication of certain issues by administrative/regulatory agencies 5. six people

Question 76

The Eighth Amendment protects people accused of federal crimes from being required to (1), which is held by the Supreme Court to be “higher than necessary to ensure a defendant’s appearance for trial.” The Eighth does not (2), though. This amendment also protects against (3), including with regard to (4), or properties seized as penalties. It also covers (5) which was originally intended to prohibit torture, but has been extended to (6) and has been noted as having changing meaning in a maturing society.

Answer 76

1. post excessive bail to secure pretrial release 2. require defendants be released on bail 3. excessive fines 4. forfeiture 5. cruel and unusual punishment 6. death penalty

Question 77

The Ninth Amendment is an assurance that (1). Many rights are said to be implied though not explicitly stated, including (2).

Answer 77

1. individual rights do not end at what is listed in the Constitution 2. presumption of innocence

Question 78

The Fourteenth Amendment addresses (1) of former slaves freed by the (2). This amendment overturned (3), which not only defended (4) but also indicated that (5).

Answer 78

1. legal status 2. Thirteenth Amendment 3. Dred Scott v. Sanford 4. slavery 5. blacks were not citizens of the US and possessed no rights or privileges but those the government chose to grant them

Question 79

The Fourteenth Amendment also referred again to (1), which obliges government to provide (2) and a (3) before depriving citizens of life, liberty or property. This Due Process Clause has been invoked in (4) and in (5). The “property interests” part of this clause has also extended to government benefits, so that (6) without certain procedural safeguards.

Answer 79

1. due process of law 2. fair notice 3. fair hearing 4. protections in judging juveniles “delinquent” and sending them to a reformatory 5. gathering evidence of criminal wrongdoing (police may not “shock the conscience” 6. welfare cannot be terminated

Question 80

The Fourteenth Amendment has also made the (1) applicable to (2) using a (3) that places value on those protections that are essential to a “scheme of ordered liberty.” This is one reason that (4). The most recent incorporation came in 2010 with the Second Amendment, securing the right of homeowners to (5) and making states justify restrictions with strict scrutiny.

Answer 80

1. Bill of Rights 2. states 3. doctrine of incorporation 4. federal governments assume a supervisory role over state/local governments 5. keep handguns for self-defense

Question 81

Rights that are (1) are protected by a legal test of “strict scrutiny” in which government restriction must be (2) and (3). Other rights are protected less vigorously by (4), which requires government to show a (5). A third middle-ground test is called (6).

Answer 81

1. fundamental 2. justified by a compelling interest 3. narrowly tailored 4. “rational basis test” 5. legitimate interest that is rationally related to the action taken 6. intermediate scrutiny

Question 82

Under (1), government is barred from enforcing policies that are irrational, unfair, unreasonable or unjust, even if such policies do not (2). In (3) the Court struck down a state law setting maximum working hours in bakeries because it violated (4). While this idea has been repudiated by modern Court, substantive due process lives on under the constitutional (5).

Answer 82

1. substantive due process 2.run counter to other specific constitutional prohibitions. 3. Lochner v. New York 4. liberty of contract 5. right of privacy

Question 83

The right of privacy was first recognized in (1) as a (2), despite not being specifically mentioned in the (3). This case invalidated a state law banning the use of birth control devices. The right also extended in (4) to the right to have an abortion, though the view of the right as fundamental has been relaxed some and (5) have been upheld.

Answer 83

1. Griswold v. Connecticut 2. fundamental right 3. Bill of Rights 4. Roe v. Wade 5. bans on partial-birth abortions

Question 84

The right of privacy has also been extended to (1) and to the (2) in the form of refusing artificial means of prolonged life, though right of (3) has not been extended.

Answer 84

1. private homosexual activity 2. right to die 3. physician-assisted suicide

Question 85

Another function of the Fourteenth Amendment, founded in the idea that all individuals are equal before the law, extends (1). This right has been extended to (2) as well as “persons,” and has been used against (3). The Equal Protection Clause has also been invoked often in (4), especially in Brown v. Board of Education, which abolished (5).

Answer 85

1. equal protection of the laws within a jurisdiction 2. corporations 3. discriminatory business regulation 4. civil rights of African-Americans and other minorities 5. racial segregation in public schools

Question 86

Although the Supreme Court in 1873 attempted to limit the Equal Protection Clause to (1), it has been invoked by (2) and (3) to combat discrimination.

Answer 86

1. African-Americans 2. women 3. gay rights activists

Question 87

The Equal Protection Clause was also used to (1) state legislatures under the principle of “one person, one vote.”

Answer 87

1. reapportionment

Question 88

The Fourteenth Amendment also prohibits (1), though it cannot reach private actors. However, private discrimination can be reached by civil rights legislation, such as with (2), which prohibits racial discrimination for public accommodation.

Answer 88

1. state-sponsored discrimination 2. Title II of the Civil Rights Act of 1964

Question 89

One of the most difficult equal protection problems involves (1), efforts to assist women and minorities in employment, government contracting and higher education. Though the Court does not (2) the concept altogether, it does (3), upholding some uses of it while striking down others.

Answer 89

1. affirmative action 2. repudiate 3. strictly scrutinize

Question 90

The (1), (2), (3) and (4) Amendments focus on the right to vote. The original Constitution opened voting mainly to (5) but the franchise has become more inclusive. The (6), passed by Congress, helps prevent discrimination in the voting process.

Answer 90

1. Fifteenth 2. Nineteenth 3. Twenty-Fourth 4. Twenty-Sixth 5. “freeholders” (white male landowners 21+) 6. Voting Rights Act of 1965

Question 91

In (1) a female high school student brought suit against Virginia Military Institute for admitting only men. The Supreme Court agreed, ruling that Virginia had fallen short of establishing (2) for the discrimination.

Answer 91

1. United States v. Virginia 2. exceedingly persuasive justification

Question 92

The Establishment Clause of the Constitution was important to the Framers who sought to escape state religion like (1). The “wall” refers to (2), not (3), though some interpret it both ways.

Answer 92

1. Henry VIII’s Church of England
2. government interference with religion
3. vice versa

Question 93

There is no direct verbage giving the Supreme Court the right to (1), which is called (2). This power was “taken” under the (3) in the case of (4). So Obama’s statement regarding Obamacare that (5) is incorrect!

Answer 93

1. review Congressional decisions
2. judicial review
3. Marshall Court
4. Marbury v. Madison
5. it is unprecedented for the Supreme Court to overturn law made by a democratically-elected Congress

Question 94

Despite Congress denying Obamacare (formally called the (1)) was a (2) to avoid lost support, it was upheld under Congress’ (3). As a provision under the (4) it was shot down, because citizens cannot be forced to buy certain goods/services. (Prius? broccoli?)

Answer 94

1. Patient Protection and Affordable Care Act
2. tax
3. Taxing Clause
4. Commerce Clause

Question 95

(1) is generally considered the author of the Constutution and Bill of Rights, while (2) is considered the father of the Declaration of Independence.

Answer 95

1. James Madison
2. Thomas Jefferson

Question 96

The Constitution is a (1), not a grant of (2). (3) are written laws, while (4) are laws expected as given just because you exist.

Answer 96

1. limiting document
2. power
3. positive laws
4. natural laws

Question 97

Considered by prof. a “legal brief in support of treason,” the (1) lists rights (2) and thus unalienable.

Answer 97

1. Declaration of Independence
2. endowed by the Creator (not king)

Question 98

The Preamble has no (1) but establishes (2) the Constitution was established–“(3)”

Answer 98

1. force of law
2. why
3. to form a more prefect Union

Question 99

Congresspeople only have to be (1) of the states in which they are elected, which opens the door for (2). They also need not be (3), though this restriction does extend to the President.

Answer 99

1. inhabitant
2. carpetbaggers
3. natural-born citizens

Question 100

Article I includes representation based on population, with slaves counting as (1) despite that they could not vote. This demonstrated the tug-of-war of power between the (2) and (3) and has more recently been echoed in (4). This partial counting of slaves went away in the (5).

Answer 100

1. 3/5 of a person
2. North
3. South
4. immigration issues
5. 14th Amendment

Question 101

Before 1913, Senators were elected by (1) rather than vote, while the House of Representatives was considered (2). State governors can appoint (3) in the case of vacancies, but not (4).

Answer 101

1. state legislatures
2. the representatives of the people
3. Senators
4. Representatives

Question 102

Article I, Section V gives the (1) the power to impeach, and (2) the power to try impeachments. Both (3) and (4) were Presidents who were impeached.

Answer 102

1. House of Representatives
2. Senate
3. Bill Clinton
4. Andrew Johnson

Question 103

The only five wars ever officially declared by Congress

Answer 103

1. War of 1812
2. Mexican-American War
3. Spanish-American War
4. WWI
5. WWII

Question 104

Congress is not able to pass laws for (1) of citizens, but is only able to link lawmaking to its (2). (3) can pass general laws, like anti-prostitution laws. Congress has used the (4) to prevent interstate transport of women for “immoral purposes”

Answer 104

1. “general welfare”
2. enumerated powers
3. States
4. Mann Act (White Slave Traffic Act)

Question 105

3 fundamental rights covered in Article I, Section 9

Answer 105

1. Habeas Corpus
2. Bills of Attainder
3. Ex post facto laws

Question 106

Also covered in I, 9 is the inability of government employees taking (1), or profits above and beyond their (2). Gifts given to Presidents are considered property of the (3) or (4).

Answer 106

1. emoluments
2. salaries
3. people
4. Smithsonian

Question 107

Article II. Originally there were no term limits on Presidents, and (1) had four of them before the (2) put in term limits. The idea of an (3) is based on concern that the President would otherwise only pander to heavily populated states.

Answer 107

1. FDR
2. 22nd Amendment
3. electoral college

Question 108

The only 4 enumerated powers of the Pres

Answer 108

1. commander-in-chief (can send troops in to “armed conflict”)
2. reprieves/pardons of felons
3. power to temporarily fill Senate vacancies during recess (often used)
4. required to give “state of the union” update “from time to time”–originally sent by letter to Congress

Question 109

Article IV is based on (1) among states, meaming states must recognize one another’s rules, such as with (2). Citizens also must be (3) among states, and (4) must be recognized.

Answer 109

1. full faith and credit
2. gay marriage
3. treated the same
4. admittal of new states

Question 110

SB1070 is said to be rooted in Article IV’s promise of (1) of states.

Answer 110

1. protection from invasion

Question 111

Article V covers guidelines of (1) and (2). The former must be done in 7 years but originally had no limits. The latter requires government officers to swear an oath to uphold the constitution.

Answer 111

1. makin amendments
2. Constitutional supremacy (Supremacy Clause)

Question 112

When setting out the constitution, Thomas Jefferson expected a (1).

Answer 112

revolution every 25 years

Question 113

Using executive power to curtail gun ownership would not be constitutional, but this is only a problem if someone steps in to stop the action. What are two examples of executive power being used unconstitutionally?

Answer 113

1. FDR and Japanese internment camps
2. Truman attempting to nationalize railroads/steel during strikes

Question 114

3 ways the professor roots the Second Amendment as protection against the government

Answer 114

1. Was obviously important (Amendments in order of importance)
2. Constitution is a document limitin the government, and this was included as part of that
3. Jefferson’s 25-year revolution comment