Conlaw 1 final, con law final
James Madison wrote the Virginia Plan, which would be the working document of the Philadelphia Constitutional Convention.
True
President Franklin D. Roosevelt attempted to "pack" the Court by recommending legislation that would permit a president to nominate additional justices for each sitting justice over the age of 70 who had served on the Court for ten years or longer.
True
The _____, ratified in 1951, prohibited future presidents from being elected to more than two terms.
Twenty-second Amendment
Which case invalidated the federal Gun-Free School Zones Act?
U.S. v. Lopez
Federal courts are explicitly given the power of judicial review by
none of the above
In Southern Pacific v. Arizona (1945), the Supreme Court interpreted the absence of federal legislation regulating the length of trains as
none of the above is true authorizing the states to act on this subject. requiring the states to act on this subject. an invitation to the states to act on this subject.
In Hammer v. Dagenhart (1918), the Supreme Court invalidated a federal statute imposing restrictions on the use of _____.
child labor
For the framers the right to contract was:
closely tied to the right of private property
Which of the following is not an element of the "capable of repetition yet evading review" doctrine (an exception to the mootness doctrine)?
the harm is significant
Which of the following is NOT a true statement?
the majority of cases heard by the Supreme Court come though the right of appeal
The witnesses called to testify before a congressional investigating committee and whose contempt citations were at issue in the Watkins and Barenblatt cases refused to answer questions by invoking:
the privilege against self incrimination
Stare Decisis means:
The court should let the decision stand
Under what authority can Congress levy an income tax?
16th amendment
At the Constitutional Convention the delegates agreed that Congress would not have the power to prohibit the importation of slaves until the year _____.
1808
According to the Prize Cases:
A state of war existed so President Lincoln could blockade southern ports
The doctrine of stare decisis et non quieta movere means:
stand by precedents
For a delegation to be constitutional, Congress must provide the delegate agency with:
An intelligible principle from which to act.
President _____ was impeached by the House of Representatives in 1868 but narrowly escaped conviction by the Senate.
Andrew Johnson
In a lone dissenting opinion in Mistretta v. United States, Justice _____ asserted that the separation of powers principle had been violated, concluding that the new Sentencing Commission amounted to a "junior varsity Congress with extensive lawmaking power."
Antonin Scalia
In his dissenting opinion in Immigration and Naturalization Service v. Chadha (1983), Justice _____ defended the legislative veto as an innovation in keeping with an evolving system of checks and balances.
Byron White
Most cases reach the Court through
Certiorari
Most cases reach the Court through:
Certiorari
Who may declare war?
Entire congress
The decision of the delegates to the Philadelphia Constitutional Convention to have the president of the United States elected through the electoral college is known as the Great Compromise.
False
There are two methods to amend the Constitution, and both have been used.
False
There is no established method for deciding which justice writes an opinion. To balance the Court's workload and guard against accusations of playing politics, justices are randomly assigned to write opinions for the Court.
False
To sit on an Article III federal court, a person must be nominated by the president and confirmed by the House of Representatives.
False
When the exercise of police power clashes with a legitimate national policy, the federal law is superior.
true
According to Willson v. Black Bird Creak Marsh Co.:
In the absence of federal law to the contrary states may regulate the health and general welfare of their citizens
The Supreme Court elevated property and contract rights to a type of preferred freedoms status in the case of:
Lochner v .New York.
The lawyer - later a Justice - who, in arguing a case before the Court, first devised a brief that utilized sociological and scientific data and not just the citation of legal precents was:
Louis D. Brandeis
Shays's Rebellion brought many of shortcomings of the Articles of Confederation to light when the militia of which state was unable to defeat Shays on its own and the national army was unavailable to help?
Massachusetts
The Supreme Court held in _____that the president is entitled to absolute immunity against private civil suits, at least those stemming from the president's official actions during his time in the White House.
Nixon v. Fitzgerald (1982)
The Supreme Court upheld Congress's authority for the creation of the Second Bank of the United States in
McCulloch v Maryland (1819).
In Champion v. Ames (1903) lottery case, the Supreme Court held that:
None of the above (arranging for the interstate transportation of lottery tickets is primarily a matter for state not federal regulation. 2. in Commerce Clause case, the Supreme Court must take into account the motives behind Congress's actions. 3. the regulation of commerce can only be motivated by economic considerations, not for morality purposes.)
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.
Which of the following statements best describes the process of ratification of the Constitution?
Ratification probably would not have occurred without the promise to swiftly propose a Bill of Rights.
Which of the following constitutional clauses has not contributed to the growth in federal power?
Reserved Powers Clause of the Tenth Amendmen
What case allowed Congress to regulate the drinking age within the states using the Tax and Spending Clause of Article I?
South Dakota v. Dole
Why might presidential powers concerned with fighting the war on terror differ from those powers invoked during a traditional war?
The battle may endure for an unspecified amount of time
What is the Original Package Doctrine?
States may not tax imports until they are sold, processed, or broken out of their original packaging.
In _____, the Supreme Court upheld the unemployment compensation features of the Social Security Act of 1935 under the General Welfare Clause as a source of plenary power
Steward Machine Company v. Davis (1937)
Morrison, Lopez, and Jones, all indicate:
That the Rehnquist Court did not think the commerce clause gave Congress a blank check to regulate any activity that might be construed as commerce
Which of the following most accurately describes the Constititional Convention?
The Constitution was drafted in secret, behind closed doors. There was already a national government in place and the delegates were planning to replace it.
Which of the following is an example of an implied power of Congress?
The conducting of investigations
Which of the following is a true statement as to the Court's decision from the latter part of the 19th century through 1937?
The Court prevented governmental regulation of business but allowed government to provide assistance to and foster business interests.
What act effectively abolished child labor?
The Fair Labor Standards Act of 1938The Fair Labor Standards Act of 1938
Which of the following best describes the impeachment process?
The House impeaches and the Senate tries the impeachment
Which of the following is a true statement?
The Supreme Court generally decides for itself which cases it will review.
Springer v. U.S. set the precedent that:
The federal government may tax incomes
Why did the framers bar states from imposes duties on imports or exports?
The framers wanted to ensure goods from the states would move freely.
Which of these powers did the federal government NOT have under the Articles of Confederation?
The power to tax
Presidential power to commit military forces to foreign combat was first exercised in 1801 by President _____.
Thomas Jefferson
Public opinion concerning the Court packing plan:
Was unfavorable nationwide
In _____, the Supreme Court reversed a conviction for contempt of Congress in a case where a witness had refused to answer questions put to him by HUAC.
Watkins v. United States (1957)
What was William Marbury seeking from the Supreme Court in Marbury v. Madison?
Writ of mandamus
Which Supreme Court case rejected an attempt by President Truman to seize steel mills during a labor dispute?
Youngstown Sheet & Tube Co. v. Sawyer
The controversy in Gonzales v. Raich (2005) came to the Court from which State?
california
In its totality, the regulation of businesses engaged interstate commerce can best be described as:
a concurrent power of the national and state government
Chief Justice John Marshall contributed significantly to the
expansion of constitutional power at the national level.
In upholding the Social Security Act of 1935, the Supreme Court accorded broad scope to Congress's
taxing and spending power.
The U.S. Congress is a bicameral legislature.
true
The distinction between direct and indirect effects on interstate commerce:
was the primary means by which the Court sorted out economic functions and assigned regulatory authority over them to different levels of government.
Substantive due process focuses on:
whether government can enact certain kinds of policies.
The _____ overruled the Supreme Court's decision in Pollock v. Farmer's Loan and Trust Company (1895) where the Court invalidated a federal law that imposed a tax on incomes over $4,000 per year.
Sixteenth Amendment
Which of the statements below most accurately describes the intentions of the framers with respect to whether the Supreme Court should be given the power to invalidate acts of Congress?
Some delegates thought that the Court should have the power to strike down acts of Congress inconsistent with natural law, even where no constitutional provisions had been violated. Some delegates believed that the Court should not be given the power to invalidate acts of Congress. Many delegates probably never gave the issue of judicial review serious consideration because they thought it unlikely that Congress would ever act unconstitutionally.
In 2009, President Obama nominated his first U.S. Supreme Court nominee, _____, who was overwhelmingly confirmed by the Senate.
Sonia sotomayor
In which of the following cases would you find this statement: "The provision of the act of 1867 affirming the appellate jurisdiction of this court in cases of habeas corpus is expressly repealed ... the power to make exceptions to the appellate jurisdiction of this court is given by express words."
Ex parte Mccardle
Hylton v. U.S. defines a direct tax as a tax on:
A and B (land and capitation)
What term is used to refer to a president's refusal to expend congressionally appropriated funds?
Impoundment
In Youngstown Sheet & Tube Co. v. Sawyer (1952), the Supreme Court _____ President Truman's order having the federal government seize and operate the nation's steel industry.
struck down
The Cooley case is significant in that:
the Court accepts that in some instances the regulation of commerce is a concurrent power
The _____ appeared as a series of newspaper editorials after the Constitutional Convention arguing in favor of ratification of the Constitution.
Federalist Papers
Which of the following can accurately be concluded from a denial of certiorari by the Supreme Court?
Fewer than four Justices thought the case should be reviewed
The_____ Plan called for a bicameral legislature of the national government where seats were apportioned among the states based on population.
Virginia
The Supreme Court in _____ struck down a federal statutory provision allowing victims of gender-motivated violence to sue their victimizers in federal court.
United States v. Morrison (2000)
In National Federation of Independent Business v. Selbelius the Court:
Upheld congressional power to justify laws under its taxing power
Champion v. Ames is important in the development of case law because here the Court points out that:
all of the above ( the power to regulate includes the power to prohibit. 2. there exists a type of "national police power." 3. "noxious products" can be banned by Congress from interstate commerce.)
In McCulloch v. Maryland, Chief Justice Marshall rests his opinion on which of the following points?
all of the above (The federal government is supreme within its sphere of jurisdiction, Broad interpretation must be given to the last clause of Art. I, Sec. 8 of the Constitution, The federal government is one of enumerated powers)
A president may enact an executive order in any policy area where Congress has been delegated authority, but has chosen not to act.
false
Although U.S. Presidents do not have an official line item veto, they do have the authority to "freeze" or "impound" funds in the U.S. Treasury to prevent wasting money on certain programs so long as they report what funds have been frozen in the Treasury to Congress within 90 days.
false
Between the 1940s and 1995, the Supreme Court invalidated seventy-five federal statutes as exceeding the commerce power.
false
Congress may not financially coerce the states into pursuing a federal objective.
false
Congress often strikes Supreme Court decisions through legislation or by passing constitutional amendments
false
South Dakota v. Dole (1987) (a case involving federal restriction on government grants to the states) is an example of the principle that the federal government cannot regulate by using the spending power what it cannot regulate directly
false
With the passage of the _____ in 1887, the unobtrusive government envisaged by the Founders began to evolve in the direction of ever-more complex and intrusive regulation.
interstate commerce act
Given the Supreme Court's decision in the case of Immigration and Naturalization Service v. Chadha (1983), the legislative veto provision of the War Powers Act is presumptively
invalid
In Oregon Waste Systems v. Department of Environmental Quality (1994), the Supreme Court _____ a surcharge placed on the importation of out-of-state waste by the State of Oregon.
invalidated
The U.S. model of judicial review is best described as:
diffused
The Seventeenth Amendment, ratified in 1913, instituted
direct popular election of U.S. Senators.
The _____ provides: "The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State."
eleventh amendment
The "nondelegation doctrine" is rooted in federalism principles.
false
There are many examples in case law where the Court has invalidated war measures before the end of hostilities.
false
There are two methods to amend the Constitution, and both have been used.
false
In a _____ system, power is divided between a central government and a set of regional governments.
federal
In United States v. Curtiss-Wright Export Corporation (1936) the Supreme Court accorded broad deference to delegations of legislative power to the president in the field of _____.
foreign affairs
In Arizona v. U.S., the Court:
found that most provisions of the state law violated federal preemption doctrine
In the case of Charles River Bridge Co. v. Proprietors of Warren Bridge, the Court:
held that ambiguity in the contract must be resolved in favor of the state.
If no presidential candidate receives a majority of the electoral votes, the _____ choose(s) the President from the top three candidates
house of representatives
The War Powers Resolution is possibly unconstitutional because it:
is a legislative veto and encroaches upon executive authority
McGrain v. Daugherty stemmed from which scandal?
the teapot dome scandal
The ratification of the Thirteenth, Fourteenth, and Fifteenth Amendments in 1865, 1868, and _____, respectively, had a significant impact on federalism.
1870
Under Article I of the Constitution, members of the House of Representatives must be at least _____ years of age; members of the Senate must be at least _____ years old.
25; 30
How many amendments to the Constitution are there?
27
Article _____ authorizes Congress to define the jurisdiction of the lower federal courts and to regulate the appellate jurisdiction of the Supreme Court.
3
The Supreme Court in Hammer v. Dagenhart (1918), invalidated by a _____ margin federal restrictions on child labor.
5 to 4
Which of the following statements are true? A. The US Supreme Court upheld federal commerce power in NLRB v. Jones & Laughlin Steel Company. B. The US Supreme Court upheld federal commerce power in US v. Darby.
A and B are both true
President Ford's pardon of President Nixon included:
All crimes that may have been committed during his tenure as president
In _____, the Supreme Court invalidated the legislative veto partly on the ground that it violated the presentment requirement of Article I.
Immigration and Naturalization Service v. Chadha (1983)
In 1785, Massachusetts chartered the Charles River Bridge Company to construct a bridge between Boston and Charlestown and collect tolls for use of the bridge. The terms of this charter become an issue in a case decided by the Supreme Court in 1837. How did the Court construe the Charles River Bridge Company's rights under the Charter?
Massachusetts did not specifically grant the Company an exclusive right to operate a bridge and no such right should be implied.
In which of the following cases does one find this line: "Since, as pointed out in all the decisions referred to, the taxing power conferred by the Constitution knows no limits except those expressly stated in that instrument, it must follow, if a tax be within the lawful power, theexertion of that power may not be judicially restrained because of the results to arise from its exercise."
McCray v. U.S.
In McCray v. United States (1904) the Court held that the justices should not consider the motivations behind a federal tax law in considering the law's constitutionality, but in Bailey v. Drexel Furniture (1922) the Court held that congressional motivations were a relevant factor in such decisions. Which of these two rulings better represents the current state of the law on this question?
McCray v. United States.
Under the Due Process Clause, in order for a state to tax out-of-state individuals, there be a ___________________ between a state and the person taxed.
Minimum contact
In the case of _________ the Court stated that laws regulating the operation of an economic concern depended on whether the business was "clothed in the public interest.
Munn v. Illinois
In the case of _________ the Court stated that laws regulating the operation of an economic concern depended on whether the business was "clothed in the public interest."
Munn v. Illinois
Which of the following precedents would most clearly justify the President's removal of an American ambassador because his views were not compatible with those of the administration on a matter of foreign policy?
Myers v. United States
In Panama Refining Company v. Ryan (1935) and Schechter Poultry Corporation v. United States (1935), the Court struck down provisions of the _____ on grounds of nondelegability.
National Industrial Recovery Act
In Schechter Poultry Corporation v. United States (1935), the Supreme Court struck down provisions of the
National Industrial Recovery Act.
In which of the following cases was conflict between the national and state governments resolved in a manner that favored state jurisdiction over federal jurisdiction?
National League of Cities v. Usery es v. Usery
in In re Debs why did the Court allow the president to send in troops to stop the strike?
The strike adversely affected the public.
Which of the following has not been identified by the Court as a factor to consider in deciding whether a taking has occurred?
The value of the property involved
Which of the following has not been identified by the Court as a factor to consider in deciding whether a taking has occurred?
The value of the property involved.
The Yazoo land sales were upheld by the Supreme Court because:
They were sold pursuant to legally executed contracts
In 1973, Congress adopted the _____ over the veto of President Nixon. The act was designed to limit the president's unilateral power to send troops into foreign combat.
War Powers Resolution
Writing for the majority in Immigration and Naturalization Service v. Chadha (1983), Chief Justice _____ stated, "The Constitution sought to divide the delegated powers of the new federal government into three defined categories, legislative, executive and judicial, to assure, as nearly as possible, that each Branch of government would confine itself to its assigned responsibility. The hydraulic pressure inherent within each of the separate Branches to exceed the outer limits of its power, even to accomplish desirable objectives, must be resisted."
Warren E. Burger
Daniel Webster was one of the most influential legal minds of the 19th century. He had a particularly important role in influencing the Supreme Court's interpretation of the Contract Clause. Which of the following best describes Webster's contract clause beliefs and activities?
Webster strongly supported a vigorous enforcement of the Contract Clause, representing such clients as the old trustees of Dartmouth College and the Charles River Bridge Company.
Which of the following would NOT be reviewable by the U .S. Supreme Court?
a dispute between a city and a state as to the its authority under the state constitution to impose a local property tax
In Stafford v. Wallace, the Court defined the stockyards as:
a necessary factor in the middie of this current of commerce.
During the Vietnam era, the Supreme Court had ample opportunity to rule on the constitutionality of the war and the concomitant use of presidential power, but it declined to do so, viewing the issue as
a political question
During the Vietnam era, the Supreme Court had ample opportunity to rule on the constitutionality of the war and the concomitant use of presidential power, but it declined to do so, viewing the issue as
a political question.
Whether a person is being unlawfully held in custody by the government is a determination that a court must make before issuing:
a writ of habeas corpus
McGrain v. Daugherty is the precedent case which established Congress' power to:
conduct investigations and compel testimony.
Who possesses the authority to suspend habeas corpus?
congress
The Supreme Court's pre-term conference is devoted primarily to
consideration of petitions for certiorari.
The "Four Horsemen" (Justices Van Decanter, McReynolds, Sutherland, and Butler) were known for their:
consistent votes to strike down New Deal legislation.
A state law which requires all products sold in glass containers within the state, including those products manufactured elsewhere and .brought into the state for sale, to include in the purchase price a 10 cent deposit fee that is refundable when the glass container is returned to a state recycling center would most likely be held:
constitutional, because it treats products manufactured in or out of state the same and provides an incentive to protect the environment
What doctrine maintains that if a subject of interstate commerce is national in character, the regulation of that subject is exclusively federal?
cooley doctrine
The "intelligible principle" doctrine is used to help decide:
delegation of powers questions
The "intelligible principle" doctrine is used to help decide:
delegation of powers questions.
In the federal court system, which court would have original jurisdiction concerning the violation of a federal law?
district court
As the doctrine of _____ federalism emerged during the nineteenth century, the idea of state immunity from national taxation gained support.
dual
One result of the constitutional revolution of 1937 was that _____ was replaced by _____, which emphasizes the expansion of regulatory authority at all levels of government.
dual federalism; cooperative federalism
The Court's decision in McCray set the precedent that taxes could be for regulation purposes, and the precedent has been closely adhered to ever since.
fa
Because states always have a compelling interest in spending money while keeping taxes low, the Supreme Court has held that states can void their own contractual obligations in order to better than financial condition.
false
Each state has an equal number of representatives and senators.
false
If a state grants a company the right to operate a lottery for twenty-five years, it cannot outlaw the lottery three years later and shut down that company.
false
It has been discovered through empirical research that there is little correlation between political ideology (liberal to conservative) and voting patterns on cases.
false
Of the 13 original states, only Massachusetts was not represented at the Philadelphia Constitutional Convention.
false
The Court held Congress could use its taxing power to regulate child labor in U .S. v. Darby.
false
The Court's decision in McCray set the precedent that taxes could be for regulation purposes, and the precedent has been closely adhered to ever since.
false
The creation of independent administrative agencies is consistent with the theory of a unitary executive.
false
The decision of the delegates to the Philadelphia Constitutional Convention to have the president of the United States elected through the electoral college is known as the Great Compromise.
false
The federal government cannot require state employees to assist the execution of federal immigration laws, but state employees may volunteer to help enforce federal immigration laws.
false
The federal government may not tax the income UCF administrators or faculty members because the Constitution forbids the federal government from interfering with the work of Florida employees.
false
The office of Chief Justice is based on seniority. The oldest justice on the Court is always the Chief Justice.
false
The writ of habeas corpus is an absolute guarantee under the Constitution.
false
In the Judiciary Act of 1801, quickly passed in the ending days of the John Adams Administration, Congress decreased the number of Supreme Court justices to _____.
five
In Baker v. Carr (1962 Tennessee reapportionment case) the Supreme Court:
held that reapportionment disputes may involve constitutional rights questions that the federal courts have jurisdiction to hea
In United States v. Comstock (2010) the Supreme Court upheld congressional legislation that permits a federal district court to order the continued confinement of sexually violent offenders who have completed their prison sentences as a valid exercise of Congress's _____ powers under the Necessary and Proper Clause.
implied
The power of the legislature to investigate and hold hearings is an:
implied power
In Quill Corporation v. North Dakota (1992) the Supreme Court held that when a state taxes the sales of an out-of-state business that has no physical presence in the state:
it violates the Commerce Clause unless Congress has passed a law permitting such taxes.
Principles governing the exercise of judicial power such as deciding cases on the narrowest possible ground, resting decisions on statutory rather than constitutional grounds if possible, and interpreting a statute so as to save it from being declared unconstitutional if a saving interpretation is possible, illustrate which of the following judicial philosophies?
judicial restraint
Advocates of which of the following judicial philosophies is most likely to insist on the most rigorous adherence to the elements of justiciability?
judicial self-restraint
Who provided the crucial vote known as the "switch in time"?
justice roberts
The institutional constraint on judicial review which considers whether a dispute presents a true case and controversy is called:
justiciability.
By comparison with the Court of the mid-1930s, the Supreme Court of today is
less likely to invalidate a federal tax designed chiefly as a regulatory measure.
Prior to the 20th Century the Contract Clause:
made up a large portion of the Supreme Court's docket
In which era did the Court begin to expand the powers of the federal government?
marshall court
A treaty negotiated by the President and ratified by the Senate
may be overturned by a duly enacted federal statute.
The Constitution stipulates that a tax on exports:
may not be imposed by the federal or state governments.
A regulatory taking ________.
means that the government does not take possession of the property but deprives the owner of most of its economic value
Article II, Sections 2 of the Constitution enumerates specific powers granted to the president. These include the authority to
nominate federal judges
In substantive due process cases, the Four Horsemen (Justices McReynolds, Butler, Sutherland and Van Devanter):
provided a solid bloc of votes against state regulation of business in much the same way that they stood unified against federal regulation of business in key Commerce Clause cases.
The doctrine of _____ has historically imposed some limits on intergovernmental taxation.
reciprocal immunity
In the Slaughterhouse Cases, the Supreme Court:
recognized the right to practice a legitimate trade or occupation as a privilege and immunity of American citizenship which the states could not abridge. identified liberty of contract as the sort of liberty that was protected by the Due Process Clauses. declared that since national and state citizenship were different, the Fourteenth Amendment did not impose any federal rights as limitations on the sorts of laws states could pass. limited the protection of the Civil War•Amendments to freedom and equal treatment for blacks. All of the above Correct!
In the Slaughterhouse Cases (1873 cases challenging Louisiana's creation of a monopoly slaughterhouse company), the Supreme Court:
rejected a substantive due process interpretation of the 14th amendment.
In Hunt v. Washington State Apple Advertising Commission (1977), the Supreme Court:
rejected the North Carolina apple grading system because it discriminated against apples sold in interstate commerce and was designed to protect North Carolina apple growers.
In Gibbons v. Ogden (1824), the Supreme Court recognized a broad sphere of Congressional action under the _____ and, at the same time, placed restrictions on state grants of commercial monopoly.
commerce clause
In Nevada Dept. of Human Resources v. Hibbs, the Court changed directions in its analysis of the 11th Amendment because:
the case involved gender discrimination
Based on the Court's decision in South Carolina v. Baker (1988):
the constitution does not prohibit the federal government from taxing income from state and municipal bonds regardless of the form in which they are issued.
Which of the following is NOT a true statement made by James Madison about the containment of tyranny in the government?
the creation of a small republic would contain the threat of tyranny
In A. L. A. Schechter Poultry Corp. v. United States (1935) the justices held that:
the federal poultry codes were the result of an improper delegation of legislative power to the executive branch and the regulation of Schechter's poultry business was an unconstitutional infringement on the state's right to regulate intra-state commerce.
Which series of documents was written by James Madison, Alexander Hamilton and John Jay to convince states to approve the Constitution?
the federalist papers
In Lucas v. South Carolina Coastal Council (1992 case involving a state's denial of a permit to construct houses on island lots), the Court held:
the state's denial was a taking because it deprived Lucas of the beneficial economic uses of his land.
In Swift & Company v. United States (1905) and Stafford v. Wallace (1922), the Supreme Court ruled that federal efforts to regulate cattle stockyards as well as stockyard dealers and commission men were valid under the:
the stream of commerce doctrine
A transfer of lawmaking power (rulemaking) from Congress to an administrative agency is known as delegation.
true
In Ex parte Quirin (1942 Nazi saboteurs case), the Supreme Court held that because the defendants were enemies of the United States, who had entered the U.S. illegally with the purpose of destroying war materials, and were operating in the U.S. without wearing military uniforms, they could be tried by a military commission for offenses against the law of war.
true
In United States v. E. C. Knight (1895) the Supreme Court held that the sugar refining industry could not be regulated by the federal government because the refining process was an intrastate activity that had no direct effect on interstate commerce.
true
James Madison wrote the Virginia Plan, which would be the working document of the Philadelphia Constitutional Convention.
true
The Court's decision in Pollock v. Farmers Loan and Trust Co. led to the eventual passage of the Sixteenth Amendment (income tax).
true
The Supreme Court is more likely to find that a state violated the Contract Clause when it passes legislation that impairs one of its own contracts than when its passes legislation that impairs a contract between private parties.
true
The first state to ratify the Constitution was Delaware.
true
Under a cooperative federalism approach, the federal government is dominant and more powerful than the states.
true
When examining the constitutionality of the use of a states' police power, the Court looks at the reasonableness of the legislation in question.
true
The Contract Clause:
applies to the actions of state governments
Who is the current Chief Justice of the Supreme Court?
John Roberts
Which of the following is not an element of justiciability?
jurisprudence
The enforcement mechanism contained in the Gramm-Rudman Hollings Act which automatically would have cut federal spending if mandated deficit-reduction goals were not achieved by Congress and the President during the annual budget process was held to be unconstitutional because it:
violated the separation of powers principle
Which of the following was an argument articulated by Justice Holmes dissenting from the Court's decision in Hammer v. Dagenhart?
All of the above (Since the federal child labor law prohibited the distribution in interstate commerce of articles manufactured by child labor, the statute was clearly constitutional according to the principles set down in Gibbons v. Ogden. 2. No credible distinction could be drawn that would simultaneously approve of Congress' power to keep lottery tickets out of interstate commerce but prevent it from outlawing the distribution of goods manufactured by child labor. 3. The Court confused the constitutionality of legislation with its wisdom and thereby imposed on the country economic views that a majority of the American people opposed.)
Economic subtantive due process is finally and completely laid to rest by ________ in the case of ________.
Chief Justice Hughes, West Coast Hotel
In which of the following opinions would one find the following line: "The Constitution does not speak of freedom of contract... We think that the views thus expressed are sound and that the decision in the Adkins case was a departure from the true application of the principles governing the regulation by the state of the relation of employer and employee."
Chief Justice Hughesin West Coast Hotel
In which of the following opinions does one find this line: "we are now arrived at the inquiry, what is this power? It is the power to regulate; that is to prescribe the rule by which commerce is to be governed."
Chief Justice Marshall in Gibbons v. Ogden
In which of the following cases would one find the following line: "Let the end be legitimate, let it be within the scope of the constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consistent with the letter and spirit of the constitution, are constitutional."
Chief Justice Marshall, McCulloch v. Maryland
After 1937 most Supreme Court observers believed that the doctrine of economic substantive due process was dead, and for many years this conclusion was accurate. In more recent years, however, economic substantive due process has experienced renewed importance, as exemplified by the Supreme Court's application of the doctrine to:
Excessive jury awards.
In U.S. v. Curtiss-Wright Export Corp. the Court decided that:
Congress has the authority to delegate powers to the executive
Under the Chief Justice John Roberts, the Supreme Court has continued to decided cases, with notable exceptions, in a _____ manner.
Conservative
What doctrine maintains that if a subject of interstate commerce is national in character, the regulation of that subject is exclusively federal?
Cooley doctrine
In _____the Court found in the International Emergency Economic Powers Act of 1977 sufficient presidential authority to cancel attachments against Iranian assets.
Dames & Moore v. Regan (1981)
Who represented the Trustees of Dartmouth College in oral arguments before the Supreme Court in the case of Trustees of Dartmouth College v. Woodward?
Daniel Webster
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
In a direct response to the Supreme Court's decision in Chisholm v. Georgia, the _____ bars citizens of one state from suing governments of other states in federal court.
Eleventh Amendment
According to the majority per curiam opinion in Bush v. Gore (concerning the disputed 2000 presidential election in Florida) the recount as ordered by the Florida State Supreme Court constituted violation of what specific provision of the Constitution?
Equal Protection Clause of the Fourteenth Amendment
The Presentment Clause establishes that:
Every bill passed by both the Senate and the House of Representatives shall be presented to the president to sign.
Congress has also created a number of _____ courts, so called because the authority to create these courts is presumed to flow from the legislative article, rather than from the judicial article.
Article I
From where does the concept of justiciability originate for the Supreme Court?
Article III of the Constitution
What document governed the United States before the ratification of the U.S. Constitution?
Articles of Confederation
Cooperative Federalism places a great deal of emphasis on:
B and C (the Supremacy Clause the Necessary and Proper Clause)
In _____, the Court upheld a conviction for contempt of Congress, holding that the public interest in exposing Communist infiltration outweighed a witness's First Amendment rights in refusing to answer questions.
Barenblatt v. United States (1959)
What did the Supreme Court decide in the Stop the Beach Renourishment v. Florida case?
Beachfront property owners are not justified in expecting their property to remain beachfront
Which of the following Presidents was/were impeached by the U.S. House of Representatives?
Bill Clinton and Andrew Johnson
Seminole Tribe of Florida v. Florida dealt with states negotiating with tribes in good faith over:
Gambling activities
In attempting to cope with the massive federal debt, Congress adopted the Balanced Budget and Emergency Deficit Control Act of 1985, popularly known as the
Gramm-Rudman-Hollings Act.
Darby and Wickard created the era where the Court:
Greatly increased the power of Congress to regulate interstate commerce
Which of the following constitutional decisions was subsequently overruled by the Supreme Court?
Hammer v. Dagenhart
If no presidential candidate receives a majority of the electoral votes, the _____ choose(s) the President from the top three candidates.
House of Representatives
The test used to determine whether Congress has provided an agency with sufficient guidance in the performance of a delegated duty is called:
Intelligible principle
With the passage of the _____ in 1887, the unobtrusive government envisaged by the Founders began to evolve in the direction of ever-more complex and intrusive regulation.
Interstate Commerce Act
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
What role does the judiciary play in times of war?
It does very little because there are no specific powers in this area for the judiciary
Which of the following is not a reason that a legislative veto law may be unconstitutional?
It encroaches upon the constitutional sphere of an administrative agency.
Which of the following chief justices supported the concept of cooperative federalism?
John Marshall
Which of the following statements is the most accurate?
Judicial review is not only practiced by the United States, but also by several European nations as well as some countries in Latin America, Africa, and Asia.
In which of the following opinions would one find the following line: "This case is decided upon an economc theory which a large part of the country does not entertain... A Constitution is not intended to embody a particulareconomic theory..."
Justice Holmes' dissent in Lochner
In which of the following opinions would one find the following line: "The statute necessarily interferes with the right of contract between the employer and employees...The general right to make a contract in relation to his business is part of the liberty of the individual protected by the Fourteenth Amendment..."
Justice Peckham in Lochner
Pollock v. Farmers Loan & Trust (challenge to the federal income tax act of 1894) came before the United States Supreme Court on two occasions. Taking both decisions into account, which of the following actions did the Supreme Court NOT take?
None of the above. Each of the above statements describes an action the Court did take (It ruled that a tax on the income from land was essentially the same as a tax on land itself. 2. It ruled that taxing the income from state and municipal bonds was an unconstitutional encroachment on the state's power to borrow money. 3. It struck down the entire income tax law. 4 It held that a tax on land (or a tax on the income from land) was a direct tax and to be valid it must be apportioned on the basis of population.)
Which of the following accurately sums up the Court's view in the Mistretta case of the constitutionality of the Sentence Reform Act which created a commission to devise sentencing guidelines that were to be followed by federal judges in sentencing defendants convicted of federal crimes? I. By requiring federal judges to follow the sentencing guidelines which were devised in part by nonjudicial members of the commission, the act was unconstitutional because it infringed the judicial power of federal judges. II. Federal judges could not constitutionally be asked to assume duties in addition to the decision of real cases and controversies. III. The creation of sentencing guidelines by the commission constituted an act of legislation and so amounted to an unconstitutional delegation of Congress' authority. IV. The possible removal of judicial members of the commission by means other than impeachment violated the principle of judicial independence guaranteed in Article III of the Constitution.
None of these
John was elected to the House of Representatives. However, the House refused to seat him due to allegations that he abused his wife ten years earlier. He filed suit in federal court. The judge decided in his favor and in her opinion she cited statements made during the Constitutional Convention and ratification debates in the states to support her interpretation of the Qualifications Clause (which governs eligibility to be a member of Congress). The judge's interpretive method is best characterized as:
Originalist
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
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 power
What case invalidated an earlier effort by Congress to enact a federal income tax?
Pollock v. Farmers Loan & Trust
Which of the following statements about Printz v. United States (a 1997 challenge to the 1993 amendments to the federal Gun Control Act) is false?
The Court found that the provisions requiring local law enforcement officials to conduct gun purchase background checks was unconstitutional. The Court held that Congress cannot treat the states as administrative units of the federal government. The federal government may provide incentives for the states to help enforce federal policy, but Congress may not order the states to do so. Correct! None of the above. All of the above statements are true
Which of the following statements most accurately summarizes the Supreme Court's decisions in Home Building & Loan Assoc. v. Blaisdell and Allied Structural Steek Co. v. Spannaus?
The Court upheld the legislation in Home Building & Loan Assoc. v. Blaisdell and struck it down in Allied Structural Steek Co. v. Spannaus.
A major difference in the interpretation of what constitutes a contract and that "contract's" relation to state police power can be found in comparing the cases of:
The Darthmouth College case and Stone v. Mississippi
Which series of documents was written by James Madison, Alexander Hamilton and John Jay to convince states to approve the Constitution?
The Federalist Papers
Which of the following accurately summarizes the liability of the President for actions taken while in office which have the effect of injuring the personal or property interests of a private citizen?
The President is absolutely immune from being sued for damages for any act done while in office.
The Supreme Court held in _____that "the President is not only authorized, but bound to resist force. He does not initiate the war, but is bound to accept the challenge without waiting for any special legislative authority."
The Prize Cases (1863)
What event provoked Congress to propose the Eleventh Amendment and the states to ratify it?
The Supreme Court's decision in Chisholm v. Georgia, allowing South Carolina citizens to sue the state of Georgia in federal court for payment of a debt.
McGrain v. Daugherty stemmed from which scandal?
The Teapot Dome Scandal
Who prevailed in the case of Trustees of Dartmouth College v. Woodward?
The Trustees of Dartmouth College. The Supreme Court held that New Hampshire could not impair the school's Charter.
Why was Dred Scott not freed from slavery by the federal courts?
The law Dred Scott used to sue for freedom was ruled unconstitutional
Which of the following is a true statement?
The meaning of the "liberty" protected by the due process clause of the Fifth and Fourteenth Amendments is whatever the majority of the Court says it is.
In Youngstown Sheet and Tube the Court ruled that:
The president cannot act against the will of Congress.
Why should the U.S. Supreme Court pay attention to the preferences of the president?
The president enforces the decisions the Court makes.
Based on Justice Jackson's concurring opinion in Youngstown Sheet and Tube Company v. Sawyer (1952 steel seizure case), under which of the following conditions does the president exercise his maximum authority?
When the president acts pursuant to an expressed or implied authorization of Congress.
Members of Congress are absolutely immune from suit for statements made while on the floor of either house.
Which of the following is NOT a source of legislative powers possessed by Congress?
Which case gives Congress the most authority under the Commerce Clause?
Wickard v. Filburn
Perhaps it was not a coincidence that Chief Justice _____ wrote the majority opinion in Myers v. United States (1926).
William Howard Taft
Congress enacts a statute providing grant money for the restoration of historic lighthouses. The federal law requires that any lighthouse restored with the aid of federal money must be equipped with a ramp to accommodate handicapped people. A law in the State of Blue requires public buildings to have ramps, but exempts from the state law historic lighthouses. The historic lighthouse in the State of Blue does not have ramps. The State of Blue applies for a federal grant to restore its historic lighthouse. If the State restores its historic lighthouse with federal aid, is it bound to install a ramp to accommodate handicapped people?
Yes, because Congress may impose reasonable conditions related to the public welfare on grants of federal funds to states when the states are free to accept or reject the grants.
A private business is concerned that its main product will soon be outlawed by its home state government. While a bill is being debate, the business signs a contract to deliver a truckload of the product to another business in the state once a year for the next twenty years. Can the state then pass a law that impairs this contract consistent with the Contract Clause?
Yes. The state make exercise its police powers, even if doing so happens to interfere with some private contracts.
In which of these rulings did the Supreme Court strike down an executive order?
Youngstown Sheet & Tube Co. v. Sawyer (1952)
Much to President Truman's chagrin, the Supreme Court (splitting 6-3) refused to allow the government to seize and operate the steel plants in which case?
Youngstown Sheet & Tube Company v. Sawyer (1952
In what case did Justice Jackson (dissenting) outline the three-part model of presidential power that continues to be referred to today?
Youngstown Sheet and Tube Co. v. Sawyer
From a legal aspect, a person that believes the constitution can be molded or metamorphosed to fit modern political issues rather than it be stagnate in its framework is considered to be a(n):
activist
In the wake of the Civil War, Congress effectively prevented the Supreme Court from ruling on the constitutionality of
the Reconstruction Acts.
The authority of a court to hear a case in the first instance is
original jurisdiction
An unsigned opinion by the court which announces the judgment in a case and may or may not provide reasons for the decision is known as:
per curiam ioinion
The term _____ refers to government's authority to make laws to protect the public safety, health, and welfare.
police power
Which of the following provisions of the Constitution did the Supreme Court rely upon in the Chadha case to invalidate the legislative veto?
the Presentment Clause
The meaning which a majority of Supreme Court justices gave the word "liberty" in the Due Process Clauses between 1895 and 1937 was heavily influenced by:
social theories of the time
In making a distinction between substantive and procedural due process, it is important to understand that:
some of the above
Interpretation of state laws is finally decided by:
state high courts
The decision in Oregon Waste Systems v. Department of Environmental Quality of the State of Oregon (1994 case involving fees imposed on landfill activities) is a good example of the principle that:
states may not impose a tax that discriminates against interstate commerce.
The reason why the Court held in the E.C. Knight case that the Sherman Act did not prevent the American Sugar Refining Company from acquiring other sugar refining companies was that:
sugar refining---even if all of it were controlled by a single company---had only an indirect effect on interstate commerce.
From 1890 to 1937, the Court began to impose limitations on the emerging national police power by invoking the _____ and the Due Process Clause of the Fifth Amendment.
tenth amendment
The case of Muller v. Oregon has its importance in the fact that:
the Brandeis' brief was used for the first time.
Those who hold the cooperative federalist view of the federal relationship believe that:
the Constitution is a "contract among the people" taking some powers from the states and giving them to the national government. in its sphere, regardless of what state powers it may touch, the national government is supreme. a broad interpretation must be given to the Necessary and Proper Clause. all of the above
In which case did the Court hold that the charters of profit-making corporations were as inviolable as contracts?
the Dartmouth College Case