POLS Final
The stewardship theory of presidential power, the modern counterpart to Alexander Hamilton's perspective, was best encapsulated by President ___________________.
Theodore Roosevelt
The _____ Amendment, which outlawed slavery, nullified the Supreme Court's decision in Dred Scott v. Sandford (1857).
Thirteenth
In Caperton v. Massey Coal (2009), the Supreme Court held that the Chief Justice of the West Virginia Supreme Court had violated the ________________ by refusing to recuse himself in the case involving a litigant who contributed over three million dollars to his judicial election campaign.
due process clause of the Fourteenth Amendment
The potential problem of presidential disability is addressed by the ______________ Amendment, ratified in 1967.
Twenty-fifth
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 _______________________(1973), the Supreme Court granted standing to a group seeking to challenge a regulation of the Interstate Commerce Commission (ICC).
United States v. Students Challenging Regulatory Agency Procedures (SCRAP)
In Hammer v. Dagenhart (1918), the Supreme Court invalidated a federal statute imposing restrictions on the use of ___________.
child labor
Section 5 of the Fourteenth Amendment granted Congress authority to legislate in the field of _________.
civil rights
Large groups of "similarly situated" individuals sometimes institute __________ to redress injuries they share in common.
class actions
The policy upheld in South Dakota v. Dole represents what type of federalism?
coercive
The Seventeenth Amendment, ratified in 1913, established the ____________.
direct popular election of U.S. Senators
The maximum number of opinions that may be issued in a U.S. Supreme Court decision is ____.
10
The Supreme Court grants fewer than ______ petitions for certiorari each term.
100
"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
The ___________ Amendment 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."
11th
With its requirements of equal protection and due process, it has become a major source of legal protection for civil rights and liberties.
14th Amendment
Protects the "right of the people peaceably to assemble and petition the Government for a redress of grievances."
1st Amendment
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
Routine cases in the U.S. Courts of Appeals are decided by panels of ______ judges.
3
Forbids "unreasonable searches and seizures."
4th Amendment
Prohibits double jeopardy— that is, being tried twice for the same offense.
5th Amendment
Protects the right to trial by jury in civil cases.
7th Amendment
Contains the Cruel and Unusual Punishments Clause.
8th Amendment
The ______________________ has been called the "Magna Carta of Administrative Law."
Administrative Procedure Act
In Federalist, No. 78, he asserted that the judiciary would be the "least dangerous branch" of the new national government.
Alexander Hamilton
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 Congress had created a "junior varsity Congress with extensive lawmaking power."
Antonin Scalia
____________ courts exist to correct legal errors made by trial courts and to settle controversies about disputed legal principles.
Appellate
In an episode that became known as the "Saturday Night Massacre," President Nixon fired Attorney General Elliot Richardson and Assistant Attorney General William Ruckelshaus, both of whom refused to follow the President's order to dismiss Watergate special prosecutor __________________.
Archibald Cox
Defines the structure and powers of Congress.
Article 1
Prohibits states from passing laws "impairing the Obligation of Contracts."
Article 1, Section 10
Gives Congress the authority to "regulate Commerce ... among the several States."
Article 1, Section 8, Clause 3
States that "the Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it."
Article 1, Section 9
Gives the "executive Power" to the president but does not define the precise limits thereof.
Article 2
Invests the Supreme Court with "judicial Power" without elaborating on the limits of that power.
Article 3
Provides: "Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort."
Article 3, Section 3
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
The Supreme Court first encountered the issue of delegation of legislative power in __________ (1813).
Brig Aurora v. United States
In ____________________________, the Supreme Court held that a local aircraft noise-abatement ordinance was preempted by the federal Noise Control Act of 1972, even though the Act contained no specific preemptive language and there was no evidence that the ordinance placed a heavy burden on interstate commerce.
Burbank v. Lockheed Air Terminal (1973)
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
The Eleventh Amendment was added to the Constitution in the aftermath of the Supreme Court's decision in __________________.
Chisholm v. Georgia (1793)
In __________, the Supreme Court declared the line-item veto law unconstitutional because the law permitted the president to in effect amend duly enacted legislation.
Clinton v. City of New York (1998)
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
Crimes committed by persons in military service are prosecuted in _______________.
Courts martial
In 1786, he led a ragtag army composed primarily of disgruntled farmers in a rebellion against state tax collectors and courts.
Daniel Shays
In his dissent in Alden v. Maine (1999), Justice ____________ stated, "The proliferation of Government, State and Federal, would amaze the Framers [of the Constitution], and the administrative state with its reams of regulations would leave them rubbing their eyes."
David Souter
The major trial court in the federal judicial system is the _____________.
District Court
36. In __________________ (1978), the Court permitted residents of a community near the site of a proposed nuclear power plant to challenge the constitutionality of the federal Price-Anderson Act, which facilitates construction of nuclear plants by limiting liability for accidents.
Duke Power v. Carolina Environmental Study Group
This Virginia Governor called for a bicameral Congress in which representation in both chambers would be based on state populations.
Edmund Randolph
The tendency of presidents to seize power to cope with the exigencies of their times is what led noted constitutional scholar _________ to remark that "the history of the Presidency has been a history of aggrandizement."
Edward S. Corwin
In Dow Chemical Co. v. United States (1986), the ________________ acting without a warrant, had employed a commercial aerial photographer to take pictures of a chemical plant from an altitude of 1200 feet.
Environmental Protection Agency
In Morrison v. Olson (1988), the Supreme Court reviewed the constitutionality of the ______ Act of 1978.
Ethics in Government
Article II of the Constitution provides that the President has the authority to issue an executive order "restricting the jurisdiction of the Supreme Court on a temporary basis."
FALSE
In ________________, the Court held that the ten-day suspension of a student from a public school constituted deprivation of property within the meaning of the Due Process Clause.
Goss v. Lopez (1975)
In U.S. v. Darby (1941) the Supreme Court upheld the _________.
Fair Labor Standards Act of 1938
In ________, the Court granted standing to a taxpayer to challenge federal spending that would benefit parochial schools in possible violation of the Establishment Clause of the First Amendment.
Flast v. Cohen (1968)
The ___________________ Clause (Article IV, Section 2, Clause 1) requires that each state recognize and enforce the "public acts, records, and judicial proceedings of every other state."
Full Faith and Credit
He refused to sign because he believed the Constitution provided insufficient protection to the rights of citizens.
George Mason
He presided at the Constitutional Convention.
George Washington
Which of the following constitutional decisions was subsequently overturned by the Supreme Court?
Hammer v. Dagenhart
Justice ______________ expressed his opinion regarding the philosophy of a living constitution in Griswold v. Connecticut (1965) by stating, ". . . [t]he Constitution makers knew the need for change and provided for it. Amendments suggested by the people's elected representatives can be submitted to the people or their selected agents for ratification. That method of change was good enough for our Fathers, and being somewhat old-fashioned I must add it is good enough for me ..."
Hugo Black
The power of the Supreme Court to invalidate unconstitutional acts of Congress was first implied in _____________________.
Hylton v. United States (1796)
According to the authors of your textbook, 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
"If men were angels, no government would be necessary. If angels were to govern men, neither internal nor external controls on government would be necessary."
James Madison
In the early days of the Republic, Federalist Party leaders, including Alexander Hamilton, John Marshall and _________, favored a strong national government.
John Adams
In response to the possibility that presidential reliance on treaties might override the limitations of the Constitution, Senator ____________ in the early 1950's proposed a constitutional amendment that would have nullified any treaty provision conflicting with the Constitution.
John Bricker
The doctrines of nullification and interposition were most fully developed in the writings of the statesman and political theorist ___________________.
John C. Calhoun
Whereas classical liberals espoused minimal government as consistent with the ideal of individual freedom, liberal theorists of the 20th century, such as ______________________, envisioned a much broader role for government.
John Dewey
This historian argued that that the delegates to the Constitutional Convention were motivated primarily by their own upper-class economic interests.
John Garraty
This English political philosopher had profound influence over the founders of the American republic.
John Locke
In _______________, the Supreme Court upheld a provision of the Voting Rights Act of 1965 that provided no person completing the sixth grade in an accredited non-English-language Puerto Rican school can be denied the right to vote through inability to read or write English.
Katzenbach v. Morgan (1966)
The Supreme Court first recognized the power of Congress to conduct investigations in ________________.
Kilbourn v. Thompson (1881)
Justice _________________ articulated the Ashwander rules, which seek to protect judicial power not only by deflecting constitutional questions but by making narrow rulings when constitutional issues are considered.
Louis Brandeis
The doctrine of implied powers was established by the Supreme Court in the landmark case of ________________.
McCulloch v. Maryland (1819)
The Supreme Court upheld Congress's power to enforce a subpoena in _______________, a case stemming from a Senate investigation into the Teapot Dome scandal.
McGrain v. Daugherty (1927)
The case of ___________________ stemmed from a treaty between the United States and Canada designed to protect migratory birds.
Missouri v. Holland
The Supreme Court's long-standing reluctance to invoke the non-delegation doctrine was reaffirmed in ____________________________, where the Court upheld Congress' creation of the United States Sentencing Commission and recognizing the constitutionality of detailed Sentencing Guidelines promulgated by the Commission.
Mistretta v. United States (1989)
The Supreme Court first dealt with the question of the president's "removal powers" in ____________.
Myers v. United States (1926)
In Schechter Poultry Corporation v. United States (1935), the Supreme Court struck down provisions of the _______.
National Industrial Recovery Act
In the 1976 case of __________________, the Supreme Court appeared to resurrect the Tenth Amendment as it struck down provisions of the 1974 amendments to the Fair Labor Standards Act extending the minimum-wage to state and local government employees.
National League of Cities v. Usery
The "stream of commerce" doctrine was first articulated by Justice _________ in Swift and Company v. United States (1905).
Oliver Wendell Holmes, Jr.
South Carolina v. Baker (1988) finally overruled the last remaining vestige of the Supreme Court's decision in ____________.
Pollock v. Farmer's Loan and Trust Co.
In the wake of the Civil War, Congress effectively prevented the Supreme Court from ruling on the constitutionality of the ___________________.
Reconstruction Acts
The ____________ Clause provides that members of Congress "shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place."
Speech and Debate
His Letters of the Federal Farmer was the most eloquent statement of the Anti-Federalist position.
Richard Henry Lee
Executive Order 12291 instructing federal agencies to take regulatory action only if "the potential benefits to society of the regulation outweigh the potential costs to society" was issued by President __________________________.
Ronald Reagan
Which of the following Supreme Court decisions provides a good example of judicial restraint
Rucho v. Common Cause
It provides: "A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."
Second Amendment
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)
In ___________________ (1869), handed down four years after General Lee's surrender at Appomattox, the Supreme Court held that a state could not withdraw from the Union.
Texas v. White
In his influential book The End of Liberalism, political scientist ________ argued for the restoration of the ____________ rule.
Theodore Lowi; Schechter
In proposing the Virginia and Kentucky Resolutions of 1798, ________________ went so far as to argue that the "sovereign and independent states" had the right to nullify acts of Congress that they deemed to be unconstitutional.
Thomas Jefferson
In Food and Drug Administration v. Brown & Williamson Tobacco Corp. (2000), the Supreme Court held that the FDA lacked statutory authority to promulgate regulations designed to limit young people's access to tobacco products.
True
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 Burger
In United States v. Richardson (1974), Chief Justice ___________ argued that although Richardson, as a federal taxpayer, had "a genuine interest in the use of funds," he had not alleged that he was "in danger of suffering any particular concrete injury."
Warren E. Burger
This Supreme Court justice wrote: "It is arrogant to pretend that from our vantage point we can gauge accurately the intent of the Framers on application of principle to specific, contemporary questions."
William Brennan
In the view of ________, the president should "exercise no power which cannot be fairly and reasonably traced to some specific grant of power or justly implied and included within such express grant as proper and necessary to its exercise."
William Howard Taft
In Bailey v. Drexel Furniture Company (1922), the Court held Congress could not regulate __________ through its taxing power because this area was properly within the scope of state authority.
child labor
In Ex Parte McCardle (1869), the Supreme Court acquiesced in a congressional curtailment of its ______________.
appellate jurisdiction
Article III of the Constitution provides that the Supreme Court "...shall have _________ Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the _________ shall make."
appellate; Congress
In addition to asserting the power to invalidate state laws, the Marshall Court established its authority to overrule decisions of the highest state appellate courts on questions of _________ law.
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 Ex Parte Garland (1867), the Supreme Court held that a presidential pardon ___________________.
fully restores any civil rights that were forfeited upon conviction of a crime
In Goldberg v. Kelly (1970), the Supreme Court held that the 14th Amendment Due Process Clause requires a state agency to provide a ___________ before terminating a person's welfare benefits.
hearing
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' _________ powers under the necessary and proper clause.
implied
In Pollock v. Farmer's Loan and Trust Company (1895), the Supreme Court invalidated a federal law that ______________.
imposed a two percent tax on incomes of more than $4,000 a year
The first instance of "_______________" occurred in 1803 when President Jefferson withheld $50,000 that Congress had allocated to build gunboats to defend the Mississippi River.
impoundment
The Supreme Court has said that federal courts should not overrule state court decisions recognizing broader individual rights than those afforded by the federal Constitution as long as such decisions are based on ______________.
independent state grounds
According to the authors of your textbook, the existence of the modern administrative state poses serious questions of constitutional law, including questions involving the rule of law, separation of powers, federalism, and ____________.
individual liberty
In Oregon Waste Systems v. Department of Environmental Quality (1994), the Supreme Court _____________ a surcharge placed on the importation out-of-state waste by the State of Oregon.
invalidated
The authority of a court of law to hear and decide certain types of cases is known as its ___________.
jurisdiction
In Haig v. Agee (1981), the Supreme Court upheld the Reagan Administration's decision to revoke the _____________ of a former CIA agent whose foreign activities were deemed a threat to national security.
passport
The party that initiates a civil suit is referred to as the ________.
plaintiff
If Congress passes a bill and adjourns within ten days and the president has not signed the bill, it is said to have to have been subjected to a (an) ___________ veto.
The Supreme Court has repeatedly emphasized that regulation of interstate commerce is _______.
primarily within the scope of the national government
In South Dakota v. Dole (1987) the Supreme Court allowed Congress to use federal highway grants to the states as a means of persuading the states to ______.
raise the drinking age to 21
In Massachusetts v. Laird (1970), the Supreme Court ________________ the constitutionality of the American war effort in Vietnam.
refused to review
The Supreme Court has held that Congress may place limitation on the President's power to ________.
remove officials who perform quasi-legislative or quasi-judicial duties
Congress has delegated to the Supreme Court the authority to determine the ______________________.
rules of federal judicial procedure
Chief Justice Roger B. Taney's opinion in the Dred Scott Case is noteworthy for its reliance on the doctrine of __________________.
substantive due process
The text of the Constitution distinguishes between direct and indirect ____________, but leaves those categories largely undefined.
taxes
In United States v. Nixon (1974) the Supreme Court ruled that ___________.
the President's claim of executive privilege could not be used to avoid a criminal investigation
Given the Supreme Court's decision in United States v. Chadha (1983), the legislative veto provision of the War Powers Act is presumptively __________.
unconstitutional
In Korematsu v. United States (1944) the Supreme stated that a presidential order authorizing the exclusion of persons of Japanese ancestry from designated areas along the west coast of the United States _____________.
was inherently suspect but ultimately constitutional
The distinction that the Supreme Court made in the E. C. Knight case between commerce and manufacturing:
was rejected in US v. Darby
The ______________ has provided the Supreme Court substantial control over its own agenda.
writ of certiorari
The Constitution explicitly recognizes the ___________, an ancient common law device that persons can use to challenge the legality of arrest or imprisonment.
writ of habeus corpus