470 quizzes in order from 1-6

In United States v. CurtissWright Corp., the Court described the President as "the sole organ of the nation in its external relations, and its sole representative with foreign nations."

TRUUUUU

In Wisconsin v. Mitchell (1993), the Court held that government may impose heightened punishments for criminal action that is motivated by discriminatory animus

True ( It's interesting to compare the Court's reasoning in Mitchell with its reasoning in R.A.V..)

Which case upheld, in the face of a nondelegation doctrine attack, the President's right to prohibit private sales of arms to specific countries?

United States v. CurtissWright Corp

In which case did the Court articulate the idea that 10th Amendment enumerated powers limitations do not apply to the federal government's foreign policy powers?

United States v. CurtissWright Corp.

In which case did the Court strike down Congress's attempted exercise of power because it was directed at private action rather than state action?

United States v. Morrison

Which case held that, because gender motivated violence is not economic activity per se, a Congressionally created civil remedy for such violence could not be justified as an exercise of interstate commerce power?

United States v. Morrison

Which case first established the state secrets privilege in its modern form?

United States v. Reynolds

In Federalist 48, Madison suggests that, in a republic, the branch of government whose power presents the greatest threat is:

. the legislative

Which case struck down congressional regulation of a state's "traditional governmental function"?

. None of the above.

The statute challenged in South Carolina v. Katzenbach was upheld as a valid exercise of Congress's power under:

15th Amendment, sec 2

Determine which constitutional provisions would best help you answer the various questions. A. How many states were required to vote for this constitution in order to ratify it? B.How are Senators selected? C.Where does the Constitution explicitly state that federal law trumps inconsistent state law? D.Does the Constitution establish any procedures or rules regarding salary raises for the President? E.How and when and by whom may Constitutional Conventions be called? F.How long is the term of office of a federal judge? G.If someone charged with a crime in one state flees to another, can the other state refuse extradition?

A. Article VII B. Article I, section 3 and the 17th Amendment C.Article VI, par. 2. D. Article II,sec. 1, par 7 E. Article V F. Article III, sec. 1. G.Article IV,sec. 2.

Match each case to its best description.: A.The Court struck down a statute which it claimed delegated to the Presdident the power to repeal portions of duly enacted statutes. B. The Court struck down a statute on the grounds that Congress had the power to remove the officer who had been charged with the statute's enforcement. C.The Court struck down Congress's attempt to revoke the Executive branch's implementation of the law. (The Executive branch had used its statutory authority to waive its right to fully enforce legal sanctions against specific individuals.) D.The Court struck down, on nondelegation grounds, a set of rules that had been drafted by an association of private citizens.

A. Clinton v. New York B..Bowsher v.Syna C.Immigration and Naturalization Service v. Chadha D. Schecter Poultry Corp. v. U.S

Determine which constitutional provisions would best help you answer the various questions. A.How many Senators need to vote for a proposed treaty in order for it to become effective? B. If the election or qualification of a member of the House or Senate is challenged, who resolves that challenge? C. Where does the Constitution explicitly state that federal law trumps inconsistent state law? D.In which house of Congress must budget / revenue bills originate? E. Where is Congress's "implied power" to take actions "necessary and proper" to the execution of other powers recognized? F. Is Congress prohibited from passing bills of attainder? G. Can the Senate sentence a government official to prison as part of an impeachment proceeding?

A.Article II, sec 2 B. Article 1 sec 5 C. Article VI D. Article I, sec 7 E.Article I, sec 8 F. ArticleI, sec 9 G. Article I, sec 3

The Court held that Congress had authority to withdraw the Court's appellate jurisdiction over federal habeus corpus claims.

Ex Parte McCardle

Match each case to its best description: A.Upheld application of the federal Controlled Substances Act to purely intrastate conduct. B.Acknowledged that the broad grants of sovereign immunity from the Court to the States stem from the structure and history of the Constitution rather than from the 11th Amendment. C.Provides an example of the anticommandeering rule. D.Held that gendermotivated violence is not, without more, an interstate commerce issue.

A.Gonzalez v. Raich B.Alden v. Maine C. Printz v. United States D. United States v. Morrison

The phrase "checks and balances" means the same thing as "separation of powers."

False

Match each case to its best description.: A. U.S. Supreme Court overruled two earlier cases, holding that private property owners will not necessarily be bound by first amendment free speech protections when they open their property to public use, even if they take on a traditional public function. B.Recognized that state courts can interpret their state constitutions as granting greater free speech to visitors on private property than are recognized under the First Amendment, without running afoul of the federal Constitution. C.Held that the Constitution prevented certain racially discriminatory provisions in private contracts from being judicially enforceable; the enforcement by the judiciary would be state action. D.Struck down a local regulation impinging on speech activity. The Court relied on earlier cases that had struck down comprehensive bans on leaf letting and door to door solicitation.

A.Hudgens v. National Labor Relations Board B. Pruneyard Shopping Center v. Robins C. Shelley v. Kraemer D. City of Ladue v. Gilleo

Match each case to its best description: A.Held that it was not implicit in the concept of ordered liberty that a state could not appeal from the final judgment in a criminal case. B.Stressed the dual citizenship (state and federal) of every citizen and suggested that the 14th Amendment only protected half of that duality C. Incorporated the right to a jury in all "serious" criminal cases D.Held that the 2nd Amendment protects states rather than individuals (making it pointless to incorporate 2nd Amendment rights through the due process clause of the 14th Amendment).

A.Palko v. Connecticut B.The Slaughterhouse Cases C. Duncan v. Louisiana D. United States v. Miller

Match each case to the best description.: A.Defendant's comparison of the draft to slavery was itself compared to falsely shouting fire in a theater. B.The defendant's right to engage in political expression was upheld, and the Court emphasized that members of the public who might be offended had the simple option of averting their eyes. C.A criminal anarchy statute made it unlawful to advocate for the forcible overthrow of the government. The Court upheld the statute, and Brandeis and Holmes dissented, noting that "every idea is an incitement." D. The Court upheld a citizen's right to engage in symbolic conduct, because the message, taken in context, was specific and particularized and readily understandable by viewers

A.Schenck v. United States B. Cohen v. California C.Gitlow v. New York D. Spence v. Washington

Match each case to its best description.: A.The Court struck down what it viewed as a government attempt to prohibit the expression of one particular opinion. B. The Court held that government cannot compel a citizen to say something that s/he does not believe C. The Court held in favor of the defendant, employing a strong version of the "clear and present danger" test. D.The Court upheld what it considered to be a reasonable time, place, and manner regulation, noting that protestors do not have a right to speak "whenever and however and wherever they please."

A.Tinker v. Des Moines Independent Community School District B. West Virginia State Board of Education v. BarnetteC. C.Brandenburg v. Ohio D. Adderley v.Florida

Match each case to its closest description: A.Held that the qualifications for legislators set out in Art. I, secs 2 and 3 were exclusive; state law could not create additional grounds to disqualify potential candidates B.Noted that the power to tax is the power to destroy. C.Struck down attempt by Congress to exert 14th Amendment, section 5 power. Legislation which expands the meaning of the free exercise clause cannot be justified as an enforcement of the free exercise clause. (At least, not against the States.) D. "As against the reserved powers of the States, Congress may use any rational means to effectuate the constitutional prohibition of racial discrimination in voting."

A.U.S. Term Limits v.Thornton B.McCulloch v. Maryland C.City of Boerne v.Flores D. South Carolina v.Katzenbach

Where does the Constitution provide that the federal judicial power extends to cases in both law and equity?

Article III, sec 2, par 1

Which constitutional provision is most often relied upon as the source of the Court's standing doctrine?

Article III, sec 2, par 1

Where in the Constitution is Congress provided with the authority to make exceptions to and regulations of the Supreme Court's appellate jurisdiction?

Article III, sec 2, par 2

With the Military Commissions Act, Congress attempted to restore the right of detainees at Guantanamo and elsewhere to bring habeas corpus actions in federal district court as an alternative to the military tribunal system created by Presidential order.

false

In which case did Justice Brennan explain that, under the First Amendment, government may not lawfully demand that a particular symbol be used only to express favorable views of the symbol and what it represents.

Texas v. Johnson

n National Federal of Independent Business v. Sebelius, the Court held that the individual mandate provision of the federal Affordable Care Act (Obamacare) was a valid exercise of Congress's interstate commerce power

False: Some of the Justices may have felt that the individual mandate was a valid exercise of commerce clause power but not a majority. The four dissenters and Justice Roberts all indicated that the mandate was not a valid exercise of the commerce power because it penalized economic inactivity. The mandate was upheld because a minority (four Justices) felt that it was valid under the Commerce power, and Roberts felt that it was valid under Congress's taxing power.

Who said the following? "When the law speaks universally . . . and a case arises on it which is not covered by the universal statement, then it is right . . . to say what the legislator himself would have said had he been present, and would have put into his law if he had known. . . . And this is the nature of the equitable, a correction of law where it is defective owing to its universality."

Aristotle

Prohibitions on titles of nobility can be found in:

Art I, sec 10 of the U.S. Const. and Art I, sec 9 of the U.S. Const

Which of the following authorizes Congress to provide for "organizing, arming and disciplining, the militia"?

Art I, sec 8, par 16

the constitutional source of Congress's interstate commerce authority.

Art I, sec 8, par 3

Which Constitutional provision establishes the President as Commander in Chief of the armed forces?

Art II, sec 2, par 1

Which Constitutional provision authorizes the President to make treaties with the advice and consent (and 2/3 concurrence) of the Senate?

Art II, sec 2, par 2

Which provision of the Constitution allows the President to make recess appointments?

Art II, sec 2, par 3

Which Constitutional provision states that the President shall faithfully execute the laws?

Art II, sec 3

Which Article of the Constitution sets forth the type of misbehavior for which federal officers can be impeached? [I'm not looking for an answer based on the words "good behavior."]

Article 2

Which case overruled National League of Cities v. Usery?

Garcia v. San Antonio Metropolitan Transit Authority

The Court found that a challenge to a Tennessee statute was justiciable. The (somewhat aged) statute fixed the apportionment of representation to the State Assembly without regard to changing population patterns in the state.

Baker v. Carr

In Holder v. Humanitarian Law Project, the majority accepted which of the following government arguments?

Both A and B: A. That advice to terrorists on how to pursue their aims lawfully and peacefully was a "contribution," that could somehow free up other terrorist resources that could be used on violence. B. That advice to terrorists from an otherwise reputable group could increase the perceived legitimacy of the terrorist group, and therefore facilitate fundraising and further terrorist violence.

Under early common law, the authority and responsibility of equitable courts to represent incompetents included

Both of the above: representation of infants representation of idiots and lunatics

Which of the following cases did not hold that a state government action was preempted by federal foreign policy?

Boumediene v. Bush

In which case did the Court find that a commercial tenant leasing business premises from the government was prohibited by the 14th Amendment from discriminating against customers on the basis of race?

Burton v. Wilmington Parking Authority

In which case did a split Court argue, in part, about whether it should accord greater respect to a state's legislative branch than its judicial branch in cases involving Art II, sec 1's grant of discretion to the state legislative branches?

Bush v. Gore

In which of the following cases did the court strike down state legislation on the grounds that it might interfere with, and was therefore preempted by, a federal statute that authorized the President implement negotiations with and apply sanctions against a foreign regime accused of human rights violations?

Crosby v. National Foreign Trade Council

Which of the following classes of cases were considered especially suited for resolution in equity?

Cases involving trusts or alleging waste

In which of the following did the Court uphold the challenged exercise of the federal police power?

Champion v. Ames

In which two cases did the Court find that Congress had not satisfied the requirements of the presentment

Clinton v. City of New York and Immigration and Naturalization Service v. Chadha

In Buckley v. Valeo (1976), the Court

Struck down the statutory limits on independent spending by third parties (not coordinated with a candidate's campaign), but upheld the limits on contributions to candidates.

Teddy Roosevelt was a proponent of the Stewardship theory of executive power.

TRUUUU (2 chainz voice)

In which case did the Court hold that state grants of tax credits to businesses did not cause enough of a direct and individualized harm to state taxpayers so as to justify standing for those taxpayers to judicially challenge the credits?

DaimlerChrysler Corp. v. Cuno

In Boumediene v. Bush, the Supreme Court held that:

Detainees at Guantanamo Bay in Cuba are covered by the suspension clause (the habeas corpus clause) in Article I, section 9 of the U.S. Constitution.

The Court held that the challenged delegation of rulemaking authority satisfied the constitutional "intelligible principle" test.

Hampton v. United States

Decided 3 years after ratification of the constitutional amendment granting presidential electors to the District of Columbia.

Heart of Atlanta Motel v. U.S

Which of the following cases upheld the federal government's right to control commerce that was wholly inside a state which nonetheless had the potential to indirectly affect the interstate commercial market?

Houston, East and West Texas Railway Co. v. United States

Served as John Adams' Secretary of State

John Marshall

In which case was the underlying conviction upheld by the Supreme Court but later overturned in response to a writ of coram nobis?

Korematsu v. United States

Who said, "Every right is a title"?

Lord Coke

The Court rejected a "vocational nexus" theory of standing.

Lujan v. Defenders of Wildlife

In which case did the Court decline to decide which of two competing state governments in Rhode Island was legitimate.

Luther v. Borden

Which case expanded federal appellate jurisdiction to cover state civil cases, emphasizing that the Article III language creating the Supreme Court's appellate jurisdiction speaks of cases not courts.

Martin v. Hunter's Lessee

The 2nd Amendment's right to bear arms was "incorporated" to apply against the states in:

McDonald v. Chicago

The Court upheld congressional regulation of a multistate corporation's labor practices partly on the basis of the theory that, because the corporation as a whole affected interstate commerce, its labor practices in any given state also affected interstate commerce

NLRB v. Jones and Jones and Laughlin Steel Corp.

Who is the only President to issue more "signing statements" than President George W. Bush? (For the purposes of this question, we are only considering signing statements that suggest the President's unwillingness to enforce what he considers to be unconstitutional provisions within the relevant bill.)

No other president issued as many President Bush

The Court upheld the provision of the Gun Free School Zones Act criminalizing possession of firearms in school zones in:

None of the above.

Which of the theories of executive power that we have studied maintains that, in exceptional circumstances, Presidents have the authority and the obligation to act in violation of explicit constitutional limitations on the federal power?

Prerogative theory

Which of the following struck down a portion of the Brady Act that imposed a duty upon state law enforcement officials to process background checks on gun purchasers?

Printz v. United States

Which of these statutes was found to be unconstitutional as applied against the States, but constitutional as applied by the federal government against itself?

Religious Freedom Restoration Act

Who said, "When the President does it, that means it is not illegal"?

Richard Nixon

This case gave rise to the "capable of repetition yet evading review" exception to mootness doctrine

Roe v. Wade

Which current Supreme Court justice wrote, in an article titled "The Doctrine of Standing as an Essential Element of the Separation of Powers," that, in order to have standing, "the plaintiff's alleged injury [should] be a particularized one, which sets him apart from the citizenry at large."

Scalia

Which case held that goods which come from out of state and become commingled with the mass of property within the state have left the stream of commerce and are therefore no longer subjects of Congressional interstate commerce power?

Schecter Poultry Corp. v. United States

Social Darwinism was a defining philosophy of

The Lochner Era Courts (Civil War to Great Depression)

McCulloch v. Maryland was decided by:

The Marshall Court

In which case did the Court first interpret the privileges and immunities clause of the 14th Amendment as only prohibiting the states from interfering with citizens' relationships with the federal government?

The Slaughter House Cases

In R.A.V. v. City of St. Paul, the Court struck down the challenged "bias motivated crimes" ordinance on the grounds that:

The ordinance constituted content based discrimination, since it focused on the motivation for fighting words, rather than on the general threat posed by all fighting words.

Which of the following is NOT a factor traditionally treated as grounds for invoking the "political question" doctrine?

The presence of potentially divisive free speech issues

In Jackson v. Metropolitan Edison Co., the Court refused to treat the actions of the statelicensed private utility company as "state action" subject to 14th Amendment due process requirements.

True

In which case did the Court hold that the President did not have authority, during time of "war" and in the face of a threatened union walkout, but without a clear statutory mandate, to seize factories and raise wages?

Youngstown Sheet and Tube Co. v. Sawyer

In which of these cases did Justice Jackson issue a concurrence proposing a three tier analysis of Executive authority?

Youngstown Sheet and Tube Co. v. Sawyer

In First National Bank of Boston v. Bellotti (1978), the majority held that, because corporations are the creations of the States, and because they are designed to concentrate wealth and power in a way that natural person normally cannot, the States are entitled to prohibit the use of corporate wealth and power to influence elections.

false

In Gibbons v. Ogden, the Court stated that the federal interstate commerce power extends even to "that commerce, which is completely internal, which is carried on between man and man in a State, or between different parts of the same State, and which does not extend to or affect other States."

false

In Marbury v. Madison, the Court held that Jefferson and Madison were acting within the lawful limits of their official discretion by refusing to deliver a commission to Mr. Marbury

false

In McCulloch v. Maryland, the Court held that the State had the right to tax the federal bank.

false

A criminal charge brought by a prosecutor without a finding of probable cause from a grand jury is called:

an information

In the Prize cases (1863), the Court invalidated Lincoln's postsecession blockade of southern ports, because it was accomplished without express Congressional authorization.

false

Marsh v. Alabama held that private home sellers could not discriminate on the basis of race.

false

The Court struck down the Economic Stabilization Act of 1970 on nondelgation grounds

false

In Marbury v. Madison, the Court held that Congress had unconstitutionally:

expanded the Court's original jurisdiction.

In the Federalist # 10, Madison defined what term as follows: "a number of citizens, whether amounting to a majority or minority of the whole, who are united and actuated by some common impulse of passion, or of interest, adverse to the rights of other citizens, or to the permanent and aggregate interests of the community"?

faction

Article I, sec 9 of the U.S. Constitution prohibits Congress from impairing the obligation of contracts.

false

In Barron v. City of Baltimore, the Court held that the takings clause of the 5th Amendment applied to limit state governments, as well as the federal government

false

In Citizens United v. F.E.C., the Court overruled Bank of Boston v. Belloti.

false

In Dellums v. Bush, the court held that the President lacked authority to conduct offensive operations in the Persian Gulf "War" without an official Congressional declaration of war.

false

The indecency exception to free speech protection only allows government to prohibit speech which appeals to prurient (sexual) interests.

false

Under the Military Commissions Act, a suspected "alien unlawful enemy combatant" (AUEC) must be confirmed as an AUEC by a CSRT (Combatant Status Review Tribunal). After that, he faces prosecution by a commission, which can find him guilty of offenses and sentence him to a term of years or death. How many of the four voting members of that commission must be civilians?

none

Upheld Child Labor Act against claims that it exceeded Congress's interstate commerce authority.

none of the above

Which section of the War Powers Resolution (1973) provides that within 60 days after making his/her mandatory initial report of military intervention, the President must terminate use of armed forces unless war is declared; the use is authorized by Congress; and extension is granted, or Congress cannot meet because of an attack.

sec 5

Which of the following rights or protections from the federal bill of rights has been found by the Supreme Court to apply against the state governments via 14th Amendment due process?

the First Amendment right to public assembly

The rule that all powers not delegated by the Constitution to the federal government, nor prohibited by it to the States, are reserved to the States or to the people, is set forth in:

the Tenth Amendment

The "incorporation doctrine" refers to

the process by which individuals' rights are made enforceable against the states via "incorporation" through the 14th Amendment.

In Federalist 10, Madison used the phrase "extending the sphere" as part of his discussion of:

the wisdom of including larger populations and more interest groups into a political society so that it would be more difficult for invidious factions to cooperate and gain absolute, oppressive control.

In Hurtado v. California, the Court refused to incorporate the 5th Amendment's right to a grand jury to apply in state criminal prosecutions.

true

In Wickard v. Filburn, the Supreme Court indicated that the regulation of wheat consumed on the farm where it is grown can be a legitimate exercise of Congress's interstate commerce authority.

true

One of the traditional roles of courts of equity was to provide standing for "incompetents" who had previously had no access to judicial process.

true

In Heart of Atlanta Motel v. United States and Katzenbach v. McClung, the challenged federal statute was

upheld as a valid exercise of the commerce power