Constitutional Law Test 1

Question 1

First Continental Congress

Answer 1

Formed in 1774 to conduct American Revolution

Question 2

Reason for American Revolution

Answer 2

Rule without representation and imposition of parliamentary laws. Reaction to sovereignty that English states/cities had

Question 3

Articles of Confederation

Answer 3

1781: Agreement among states to unify for common defense and conduct foreign relations

Question 4

Strong central government

Answer 4

states believed that a strong central government was corrupt. a week central government in form of national congress would represent US & handle foreign policy. States would handle interstate policy

Question 5

Currency

Answer 5

States could coin currency but could not raise funds for defense

Question 6

Bill of Rights adopted

Answer 6

by 9 of 13 colonies at first

Question 7

Article I

Answer 7

Establish legislature (rep of people - state)

Question 8

Bicameral Legislature

Answer 8

2 houses - lower and upper. Lower = house of rep, based upon population . Higher = popular vote = senate

Question 9

Article II

Answer 9

Office of Executive = president. Charged to enforce law. VP to preside over senate

Question 10

Article III

Answer 10

Judiciary. There shall be a supreme court and lower courts. Authority to interpret law

Question 11

Article IV

Answer 11

States relationship to each other and government. Provides for admission of new states, republican form of govt (by representation) and federal protection of states

Question 12

Article V

Answer 12

Amendment of constitution by 2/3 vote of both houses or 3/4 of senate.

Question 13

Article VI

Answer 13

Supremacy Clause. Supreme Law of land, no state can have conflict with. Sets minimum standards

Question 14

Article VII

Answer 14

Ratification clause: after 9 states accept

Question 15

Article I Section 8

Answer 15

Enumerated Powers. If power not set forth in constitution then power goes to state

Question 16

10th Amendment

Answer 16

Powers not delegated to federal are reserved to the people/state. i.e. National Guard

Question 17

Bill of Rights

Answer 17

First 8 amendments, 9-10 are statement of authority

Question 18

Constitution prohibits

Answer 18

Bill of attainder

Ex post facto

Question 19

Bill of attainder

Answer 19

a law that makes someone a criminal. no trial. violates separation of powers, congress would be acting as judiciary and encroaches on other branches

Question 20

Ex Post Facto

Answer 20

After the fact. Makes a previously innocent act guilty by later acts of congress

Question 21

Bill of rights

Answer 21

1st 8 amendments; defines federal governments actions as to states or individuals

Question 22

1st Amendment

Answer 22

provides for freedom or religion, speech, assembly, petition government to redress grievances with government and freedom of press

Question 23

4th Amendment

Answer 23

protects against unreasonable search and seizure, against warrants without probable cause, warrants must be particularized

Question 24

5th Amendment

Answer 24

right to be indicted (know how to defend yourself), miranda rights, against double jeopardy, against self incrimination, accuser bears burden of proving charge, to due process (to be heard and present defense) , just compensation

Question 25

6th Amendment

Answer 25

speedy (reasonable) & public trial, jury in a criminal trial, to confront and cross examine prosecution witness, judged by peers, to compel witness, right to counsel (in criminal), to process (subpoena/summons), right to confrontation (face accusers)

Question 26

8th Amendment

Answer 26

against excessive bail/fines, punishment should fit crime not preventatively detain, against cruel and unusual punishment

Question 27

14th Amendment

Answer 27

Due process of law. No state shall deprive its citizens of life, liberty & property.

Question 28

Procedural Due Process

Answer 28

procedures used when govt attempting to deprive someone of rights. Requires notice of charge, fair opportunity to defense and answer charge, decision made solely on evidence, impartial fact finder, criminal adjudication

Question 29

Substantive Due Process

Answer 29

Fundamental rights, life, liberty, property and their dignity. i.e. keep private life private, marry or not marry as see fit, , to raise children in environment of your choice, for children to live in safe environment, , to seek or refuse healthcare

protects people from egregious misconduct by public officials

Question 30

State discriminatory action low level of scrutiny

Answer 30

Low: rational basis for action (does not involve race, creed, national origin, gender, religion, color). i.e. children’s park

Question 31

State discriminatory action intermediate level of scrutiny

Answer 31

Intermediate: based on gender i.e. bathroom

Question 32

State discriminatory action high level of scrutiny

Answer 32

High: based on race, creed, national origin, gender, religion, color. = suspect classes. compelling government interest / reason

Question 33

NY State three tier system

Answer 33

lower: supreme court (court of supreme jurisdiction)
appelate (1st review)
NYS court of appeals (final)

Question 34

Federal three tier system

Answer 34

lower: federal district court
circuit court of appeals (1st review) - questions of law
SCOTUS (final)

Question 35

SCOTUS

Answer 35

? what constitution means
can only hear constitutional questions
cannot make determinations of fact only legal determinations
court of last resort
limited jurisdiction (authority to act)
issues supreme law of land

Question 36

Writ of Certiorari

Answer 36

Certified question

petition to hear case (most requests denied)

Question 37

Certiorari Test

Answer 37

if 4 judges agree, write is granted, if less no.

Question 38

Two ways to SCOTUS

Answer 38

Direct review: petition. Exhausted all state/federal remedies. must be constitutional question

Write of Habeus Corpus: state must justify why person being held in custody. Federal district, appeals, denied then SCOTUS

Question 39

States did not object against:

Answer 39

the division of powers between the separate branches of the government

Question 40

A law restricting access to certain benefits by means of an income test will be subject to

Answer 40

Low Scutiny