Test 1

Question 1

1. The first three articles of the US Constitution deal with what?

Answer 1

Executive, Legislative and Judicial Branches

Question 2

2. According to author Jaffe, President Lincoln believed what about American democracy?

Answer 2

All men are created equal and slavery was an inherited evil

Question 3

3. US Supreme Court dismissed a challenged to a ‘birth control law’ in CT why?

Answer 3

Ripe for review which means the case got to the court too early

Question 4

4. Marco DeFunis was denied admission into Washington Law School his case was dismissed why?

Answer 4

The case was moot, it got to court too late.

Question 5

6. Congress has what kind of powers in domestic and foreign affairs?

Answer 5

enumerated powers

Question 6

8. What is Lincoln’s Ballots and Bullets argument?

Answer 6

settle by vote or end up in a war

Question 7

9. Which case established ‘judicial review”?

Answer 7

Marbury v Madison

Question 8

11. Chief Justice Marshall’s ruling in Marbury v Madison was attempt at what?

Answer 8

Original Jurisdiction

Question 9

10. The authority to hear a case for the first time is called what?

Answer 9

Original Jurisdiction

Question 10

14. Justice Taney’s ruling in the Dredd Scott case is an example of what constitutional approach?

Answer 10

Original Intent

Question 11

15. What is the reason why Marbury v Madison important?

Answer 11

It established Judicial Review

Question 12

18. Tinker v DesMoines is a case in which high school students were suspended from school for wearing black arm bands protesting the Vietnam War. This is an example of what?

Answer 12

Standing to Sue

Question 13

16. What is the term for how the Court limits its own power?

Answer 13

Internal Restraints

Question 14

19. A case that gets to the US Supreme Court too late or has been resolved is known as what?

Answer 14

Moot

Question 15

17. Who would support implied powers of Congress?

Answer 15

federalist

Question 16

21. In Tinker v DesMoines, the high school students wore black arm bands to school in protest of the Vietnam War. What threshold requirement is this an example of?

Answer 16

standing to sue or Suffer an actual injury

Question 17

23. Is ‘standing to sue” an external restraint on the court?

Answer 17

no

Question 18

23. Is ‘standing to sue” an external restraint on the court?

Answer 18

no its internal

Question 19

24. What is the worst example of judicial review by the court?

Answer 19

Dredd Scott Case

Question 20

22. Did Justice Taney state that slaves were to be included in the Declaration of Independence?

Answer 20

yes

Question 21

25. The Dredd Scott case overturned the “Missouri Compromise”. This is an example of what?

Answer 21

Appellate Jurisdiction

Question 22

28. A Federalist, like Alexander Hamilton, believed in what kind of interpretation of the US Constitution?

Answer 22

loose

Question 23

Appellate Jurisdiction

Answer 23

is the power of a higher court to review decisions and change outcomes of decisions of lower courts

Question 24

Original Jurisdiction

Answer 24

the power to hear a case for the first time

Question 25

Judicial Restraint

Answer 25

judicial interpretation that encourages judges to limit the exercise of their own power

Question 26

Judicial Activism

Answer 26

rulings suspected of being based on personal or political considerations rather than on existing law

Question 27

Threshold Requirements

Answer 27

the individual doctrines the court considers in any law suit before they will hear a case

Question 28

Loose Constructivist

Answer 28

loose interpretation of the constitution

Question 29

Strict Constructivist

Answer 29

strict interpretation of the constitution

Question 30

Original Intent

Answer 30

The theory of interpretation by which judges attempt to ascertain the meaning of a particular provision of a state or federal constitution by determining how the provision was understood at the time it was drafted and ratified

Question 31

Internal Restraints

Answer 31

Self imposed doctrines that the court uses to maintain juducual restraint. Checks and balances limit juducual power but the court also implements its own rules in order to maintain judicial restraint.

Question 32

Commerce Clause

Answer 32

Article 1, Section 8, Clause 3 of the U.S. Constitution, which gives Congress the power “to regulate commerce with foreign nations, and among the several states, and with the Indian tribes.”

Question 33

Necessary and Proper Clause

Answer 33

Often called the “elastic clause,” the necessary and proper clause simply states that Congress has the power, “To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.”