Exam 1 Flashcards
Which rights did the colonist feel were threatened by action of the British Crown and King?
right to bear arms, free speech, right to defend against unreasonable searches
What pieces of congressional legislation impacted the Supreme Court’s decision in Marbury v
Madison?
Alien and Sedition act 1798
Judiciary Act of 1789
Judiciary act of 1801
What was William Marbury seeking from the Supreme Court in Marbury v. Madison?
Writ of Mandamus
Ex post facto law.
a law that makes someone criminally liable for an act that was not criminal at the time it was committed
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?
English Bill of rights
In which case did the U.S. Supreme Court assert the power of judicial review over the decisions of the states’ high courts?
Martin V Hunter Lessee
During the early years of the Constitution, which group championed a weaker centralized government?
Anti Federalist
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?
Marshall
concurrent
The powers to tax citizens, charter banks, and build roads are examples of powers between the federal and state governments
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?
Dormant Commerce Clause
What doctrine maintains that state laws that interfere with federal laws are invalid pursuant to the supremacy clause?
Preemption
What is NOT intended to protect against tyranny?
single federal executive
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”?
10th amendment
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?
police powers
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:
common law
The doctrine of stare decisis et non quieta movera means:
stand by precedents
The Constitution provides generally for two forms of federal judicial jurisdiction. Those are:
Diversity and federal question
Which of the following constitutional clauses has not contributed to the growth in federal power?
powers clause of the 10th amendment
The Eleventh Amendment was ratified as a result of what
Supreme Court decision?
Chisholm V Georgia
How many justices does it take to grant a Writ of Certiorari?
4
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:
invalid as preempted by the federal law under the supremacy clause
Which of the following best describes presidential nominations of justices to the Supreme Court?
Presidents tend to nominate individuals who they believe share their political opinions.
As a general matter, a person’s status as a taxpayer
establishes sufficient interest to challenge expenditures of funds to which the taxpayer contributed, so long as the expenditure is unconstitutional
Which method of constitutional interpretation is applied in a manner consistent with the framers’ intentions?
Originalism
What best describes the Framer’s intentions concerning the relationship between state and federal courts?
State courts were to be the primary courts with the federal courts possessing jurisdiction over a select group of cases.
The court of last resort, for most federal cases, is the,
circuit court of appeals
Today, most cases heard by the Supreme Court come to it through:
writ of certiorari
Marbury v. Madison
Declared the power of judicial review and invalidated an act of congress extending to its original jurisdiction in violation to article III.
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?
origination clause
pocket veto
The veto of a congressional bill by the president by retaining it until Congress is no longer in session, neither signing nor vetoing it
Which case invalidated the federal Gun Free School Zone’s
Act?
U.S v Lopez
Under what authority can Congress levy an income tax?
16th amendment
Which case allowed Congress to prosecute marijuana crimes even when a state has a law allowing for the medicinal use of this drug?
Gonzales V Raich
A President is:
absolutely immune from suit for executive functions
What case allowed President Roosevelt to intern Japanese
Americans during World War II?
Korematsu v United States
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:
pardon
Executive Impoundment refers to:
an executive branch official’s refusal to spend appropriated money
What is a partial pardon that reduces the punishment for a crime?
commutation of sentence
Which of the following is NOT a role the President plays in lawmaking?
Submission of bills
Presidential communications are:
presumptively privileged from compelled disclosure
The case of Jones v. Clinton (1997) involved what issue?
executive immunity
The Supreme Court rejected an attempt by President Truman to seize steel mills during a labor dispute in what case?
Youngstown sheet & tube Co V Sawyer
What is the theory that the Constitution vests all executive authority in the president of the United States?
unitary executive
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:
McDonald V Chicago
The Supreme Court stated that the Second Amendment protects an individual’s right to possess a firearm unconnected with service in a militia in:
district of Columbia v Heller
The Supreme Court held that the right to bear arms for lawful purpose was not granted by the Constitution in
United States v. Cruikshank
Gun control opponents claim that gun control:
will only put guns in the hands of ciminals
Until recently, courts throughout history
have consistently rejected the individual rights view in favor of the states rights interpretation
During the colonial period, the militia was considered to be:
the entire male populace of a state
The purpose of the Brady Act is to
prevent prohibited persons from obtaining handguns
The law banning the manufacturing of 19 different semiautomatic guns with multiple assault-weapon features is the:
violent crime control and law enforcement act of 1994
