Exam 1

Question 1

Which rights did the colonist feel were threatened by action of the British Crown and King?

Answer 1

right to bear arms, free speech, right to defend against unreasonable searches

Question 2

What pieces of congressional legislation impacted the Supreme Court’s decision in Marbury v
Madison?

Answer 2

Alien and Sedition act 1798
Judiciary Act of 1789
Judiciary act of 1801

Question 3

What was William Marbury seeking from the Supreme Court in Marbury v. Madison?

Answer 3

Writ of Mandamus

Question 4

Ex post facto law.

Answer 4

a law that makes someone criminally liable for an act that was not criminal at the time it was committed

Question 5

Before the Constitution and the Second Amendment was adopted, what law would colonists argued to claim they were guaranteed a right to keep and bear arms?

Answer 5

English Bill of rights

Question 6

In which case did the U.S. Supreme Court assert the power of judicial review over the decisions of the states’ high courts?

Answer 6

Martin V Hunter Lessee

Question 7

During the early years of the Constitution, which group championed a weaker centralized government?

Answer 7

Anti Federalist

Question 8

Which of the following Chief Justices of the Supreme Court was responsible for writing the majority opinion in Marbury
v. Madison, wherein the power of judicial review was announced?

Answer 8

Marshall

Question 9

concurrent

Answer 9

The powers to tax citizens, charter banks, and build roads are examples of powers between the federal and state governments

Question 10

Which doctrine maintains the idea that state laws that unduly burden interstate commerce, even if the subject is unregulated by the national government, are invalid under federalism principles, because the regulation of interstate and foreign commerce belongs exclusively to the federal government?

Answer 10

Dormant Commerce Clause

Question 11

What doctrine maintains that state laws that interfere with federal laws are invalid pursuant to the supremacy clause?

Answer 11

Preemption

Question 12

What is NOT intended to protect against tyranny?

Answer 12

single federal executive

Question 13

Which constitutional amendment states that the “powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people”?

Answer 13

10th amendment

Question 14

What power is traditionally held by states to make and enforce laws and regulations necessary to maintain and enhance the public welfare and to prevent individuals from violating the rights of others?

Answer 14

police powers

Question 15

Law from English heritage that relies on judges developing legal principles to guide their decision making based on customs and practices of the time is called:

Answer 15

common law

Question 16

The doctrine of stare decisis et non quieta movera means:

Answer 16

stand by precedents

Question 17

The Constitution provides generally for two forms of federal judicial jurisdiction. Those are:

Answer 17

Diversity and federal question

Question 17

Which of the following constitutional clauses has not contributed to the growth in federal power?

Answer 17

powers clause of the 10th amendment

Question 17

The Eleventh Amendment was ratified as a result of what
Supreme Court decision?

Answer 17

Chisholm V Georgia

Question 17

How many justices does it take to grant a Writ of Certiorari?

Answer 17

4

Question 17

Assume that a state and the federal government hold concurrent jurisdiction over an issue and furthermore, both have enacted statutes to regulate the subject. However, the state statute is contrary to the federal law. The state law is:

Answer 17

invalid as preempted by the federal law under the supremacy clause

Question 18

Which of the following best describes presidential nominations of justices to the Supreme Court?

Answer 18

Presidents tend to nominate individuals who they believe share their political opinions.

Question 18

As a general matter, a person’s status as a taxpayer

Answer 18

establishes sufficient interest to challenge expenditures of funds to which the taxpayer contributed, so long as the expenditure is unconstitutional

Question 19

Which method of constitutional interpretation is applied in a manner consistent with the framers’ intentions?

Answer 19

Originalism

Question 19

What best describes the Framer’s intentions concerning the relationship between state and federal courts?

Answer 19

State courts were to be the primary courts with the federal courts possessing jurisdiction over a select group of cases.

Question 20

The court of last resort, for most federal cases, is the,

Answer 20

circuit court of appeals

Question 21

Today, most cases heard by the Supreme Court come to it through:

Answer 21

writ of certiorari

Question 21

Marbury v. Madison

Answer 21

Declared the power of judicial review and invalidated an act of congress extending to its original jurisdiction in violation to article III.

Question 22

Which provision in Article I, Section 7, clause 1, of the U.S.
Constitution requires all revenue-raising bills to originate in the House of Representatives?

Answer 22

origination clause

Question 23

pocket veto

Answer 23

The veto of a congressional bill by the president by retaining it until Congress is no longer in session, neither signing nor vetoing it

Question 23

Which case invalidated the federal Gun Free School Zone’s
Act?

Answer 23

U.S v Lopez

Question 24

Under what authority can Congress levy an income tax?

Answer 24

16th amendment

Question 25

Which case allowed Congress to prosecute marijuana crimes even when a state has a law allowing for the medicinal use of this drug?

Answer 25

Gonzales V Raich

Question 26

A President is:

Answer 26

absolutely immune from suit for executive functions

Question 27

What case allowed President Roosevelt to intern Japanese
Americans during World War II?

Answer 27

Korematsu v United States

Question 27

An act of grace by the chief executive of the government relieving a person of the legal consequences of a crime of which he or she has been convicted is called:

Answer 27

pardon

Question 28

Executive Impoundment refers to:

Answer 28

an executive branch official’s refusal to spend appropriated money

Question 29

What is a partial pardon that reduces the punishment for a crime?

Answer 29

commutation of sentence

Question 30

Which of the following is NOT a role the President plays in lawmaking?

Answer 30

Submission of bills

Question 31

Presidential communications are:

Answer 31

presumptively privileged from compelled disclosure

Question 32

The case of Jones v. Clinton (1997) involved what issue?

Answer 32

executive immunity

Question 33

The Supreme Court rejected an attempt by President Truman to seize steel mills during a labor dispute in what case?

Answer 33

Youngstown sheet & tube Co V Sawyer

Question 34

What is the theory that the Constitution vests all executive authority in the president of the United States?

Answer 34

unitary executive

Question 35

The Supreme Court held that the right to keep and bear arms is fundamental to our scheme of ordered liberty and that it was clear that the framers of the Fourteenth Amendment deemed such a right as fundamental in:

Answer 35

McDonald V Chicago

Question 35

The Supreme Court stated that the Second Amendment protects an individual’s right to possess a firearm unconnected with service in a militia in:

Answer 35

district of Columbia v Heller

Question 36

The Supreme Court held that the right to bear arms for lawful purpose was not granted by the Constitution in

Answer 36

United States v. Cruikshank

Question 37

Gun control opponents claim that gun control:

Answer 37

will only put guns in the hands of ciminals

Question 38

Until recently, courts throughout history

Answer 38

have consistently rejected the individual rights view in favor of the states rights interpretation

Question 39

During the colonial period, the militia was considered to be:

Answer 39

the entire male populace of a state

Question 40

The purpose of the Brady Act is to

Answer 40

prevent prohibited persons from obtaining handguns

Question 41

The law banning the manufacturing of 19 different semiautomatic guns with multiple assault-weapon features is the:

Answer 41

violent crime control and law enforcement act of 1994