Constitutional Law Final

The concept of balanced government was so important to all the states recommending a Bill of Rights that the only Amendment they agreed upon was the:

10th

Which Amendment was designed in response to fear of a national government with too much power, which was, at the time, considered to be the greatest threat to liberty?

12th

Which Amendment requires that the right to vote shall not be denied or abridged because of race, color, or previous condition of servitude?

15th

Which Amendment allowed African American males the right to vote?

15th Amend.

The federal income tax was established in the:

16th Amend.

Though in the past some states have approved of executing offenders as young as 15, the Supreme Court has held that no one under the age of when they committed a capital offense shall be sentenced to death.

18

Which amendment repealed the Eighteenth Amendment of Prohibition?

21st

Which Amendment lowered the voting age to 18?

26th

Some argue that judges are reluctant to use which Amendment because its language is vague, never defining what specific rights are protected?

9th

Which Amendment has been used by the Supreme Court to infer the right to privacy?

9th

What article addresses the process for amending the Constitution?

Article 5

With the exception of specific instances in which Congress specified a seven-year limit, all other Amendments become inoperative unless they are ratified within how many years of the proposal?

Congress does not need to stipulate a time limit

Antabuse, a drug used in treating alcoholics by causing nausea and vomiting when alcohol is ingested, has been deemed unconstitutional under eighth amendment by the supreme court

False

In 2000, the Supreme Court deemed the Civil Asset Forfeiture Reform Act unconstitutional, curbing federal law enforcement agencies' asset forfeiture authority

False

Proponents of preventative detention argue that the accused is being punished without trial and that protecting the community is the job of the police, not the purpose of bail

False

Recent Gallup Poll results indicate that public support for the death penalty is at an all-time low, with 38 percent approving of its use as a means of punishment in the United States.

False

Tenth Amendment has been referred to, on occasion, as the forgotten amendment in the Bill of Rights, because it is seldom used as a basis for Supreme Court decisions.

False

The Bail Reform Act of *1966* did very little to help indigent defendant who are unable to post bail in the usual monetary manner

False

The FBI administers the Dept. of Justice's Asset Forfeiture Program by managing and disposing of the properties seized and forfeited by federal law enforcement agencies and U.S. attorneys nationwide

False

The Necessary and Proper Clause has become the basis for the implied powers of Congress.

False

The Seventh Amendment provides the right to adequate counsel in a court of law.

False

The Twelfth Amendment is the only Amendment that deals with the judicial power of the federal government.

False

The court has ruled that the use of chain gangs represent a violation of the eighth amendment

False

Unlike the other Amendments, the Tenth Amendment clearly states and ensures specific individual rights.

False

While additional Amendments exist, the Bill of Rights laid a foundation for individual freedoms, and these freedoms stop with the Tenth Amendment.

False

In Thomas v. Union Carbide (1985), the Court held that there was no right to a jury trial when Congress had created other administrative remedies.

False?

The use of asset forfeiture by law enforcement has become a means by which a great deal of funding is acquired for prevention programs and equipment

False?

The landmark case in which the Supreme Court called for a ban on the death penalty in Georgia, ruling its felony murder capital punishment law was capricious (and, hence, cruel and unusual punishment) is:

Furman v. Georgia

The Supreme Court upheld corporal punishment as necessary for the proper education of a child and for the maintenance of group discipline, and not an Eighth Amendment issue, in:

Ingraham v. Wright

What was the significance of the Nineteenth Amendment to the Constitution?

It gave women the right to vote

Who opposed an enumerated Bill of Rights?

James Madison

The Supreme Court held that Congress had the authority to establish a national bank in:

McCulloch v. Maryland

The Supreme Court ruled that capital punishment can only be imposed by a jury, or by a judge following a jury's recommendation, in:

Ring v. Arizona

The Supreme Court held that any amount of bail exceeding that necessary to ensure a return to trial violated the Eighth Amendment in:

Stack v. Boyle

Which Amendment has never been subjected to Supreme Court review?

Third

Although the Constitution recognizes both the power of the states and the power of the federal government, it contains the Supremacy Clause in Article 6, which states that the Constitution of the United States is "the supreme law of the land."

True

Although the Third Amendment has never been subjected to Supreme Court review, it holds historical relevance and stands for the general principle that government is to leave people alone without compelling cause.

True

As a general rule, the Supreme court has upheld the death penalty for murder, but not for other crimes

True

Excessive bail is prohibited by the constitution

True

In 2002, in Atkins v. Virginia, the Supreme Court amended its position on capital punishment of the intellectually disabled, holding that it is cruel and unusual punishment (in violation of the eighth amendment)

True

In Estelle v. Gamble, the court held that deliberate indifference to prisoners' serious medical needs constitutes unnecessary, wanton infliction of pain

True

In Jackson v. Indiana, the Supreme Court ruled that the government can detain dangerous defendants who may be incompetent to stand trial

True

More than 200 prisoners have been freed since 1989 because of DNA evidence

True

The Fourteenth Amendment (1868) established the way that representatives are apportioned and the qualifications of representatives

True

The Fourteenth Amendment includes the Due Process Clause.

True

The Ninth Amendment has generated significant controversy and much scholarly debate as to what the framers meant and intended with this amendment.

True

The Ninth Amendment highlights the founders' belief that government's powers are limited by the rights of the people, not the other way around.

True

The Supreme Court and others have acknowledged that Seventh Amendment analysis is mostly historical

True

The Supreme court has held that California's three-strike laws do not violate the eighth amendment

True

The Third Amendment dates back to colonial times, when England expected the citizenry to feed and shelter British soldiers.

True

The Twelfth Amendment (1804) established the electoral system by which the president and the vice-president are chosen.

True

The U.S. Constitution established a federal system to preserve the existing state governments, while creating a new national government strong enough to deal with the country's problems.

True

The ancient Greeks, in a more humane fashion, administered poison from the hemlock tree to execute criminals

True

The concept behind the Tenth Amendment was important enough that it was the only Amendment agreed on by all the states recommending a Bill of Rights.

True

The court has held that "The state itself may impose such corporal punishment as is necessary for the proper education of the child for the maintenance of group discipline""

True

Until the middle of the nineteenth century, the death penalty was the automatic sentence for a convicted murderer.

True

When Congress enacted the Gun-Free School Zones Act of 1990, a person knowingly possessing a firearm in an are the person knows to be a school zone was made a federal offense

True

While murder tends to be interracial, the death penalty is imposed more often on convicted murderers when their victims are white.

True

In which case did the Supreme Court uphold the Fair Labor Standards Act of 1938?

United States v. Darby

The definition of cruel and unusual punishment is:

defined in the eighth amendment

The powers of the national government, both enumerated and implied, are known as the

delegated powers.

In Wilson v. Seiter, the Supreme Court ruled that prisoners must not only prove prison conditions are objectively cruel and unusual but must also show that the conditions exist because of officials':

deliberate indifference

Which of the following has not been used as a legal means of corporal punishment in the United States?

disembowelment

The prohibition against excessive fines:

does not apply in civil cases

The Eighth Amendment's prohibition against excessive fines:

does not apply to any states

In Trop v. Dulles, the Supreme Court held that the standard for determining whether a punishment is cruel and unusual is:

evolving standard of decency

Which has not been held to be cruel and unusual punishment?

execution by firing squad

The Fourteenth Amendment:

guarantees equal protection of the laws.

In using the three-drug method of lethal injection, first brought forth in Baze v. Rees, many states have found that obtaining the drugs is extremely difficult, due to public pressure on corporations to refuse to sell the drugs to states practicing the death penalty. Which of the following is a drug of choice used to replace these three-drug cocktails?

midazolam

The Constitution gives Congress the power to make laws to carry out its enumerated powers through the:

necessary and proper clause

The Thirteenth Amendment:

overturned the Dred Scott decision and prohibits slavery.

In United States v. Salerno, the Supreme Court stated that __________ under the Bail Reform Act of 1984 did not violate due process or the Eighth Amendment.

preventative detention

The Bail Reform Act of 1984 established the practice of:

preventive detention for people deemed a threat or likely to flee.

The Third Amendment:

prohibits the quartering of soldiers in homes during times of peace.

The general rule under the Eighth Amendment is that punishments must be:

proportional or directly related to the case

The three rights protected by the Eighth Amendment are protection from excessive fines, protection from excessive bail, and:

protection from cruel and unusual punishment.

In 2000, Congress approved this Act, curbing federal law enforcement agencies' asset forfeiture authority and adding due process protections.

the Civil Asset Forfeiture Reform Act

selective incorporation is:

the concept used to apply certain amendments to state government.

The Ninth Amendment deals with the concept of:

the enumeration of certain rights

Asset forfeiture is considered unconstitutional if:

the forfeiture is grossly disproportionate to the offense.

The United States Supreme Court struck down the portion of the Brady Bill that compelled local law enforcement to perform background checks on handgun applicants, holding that the requirement violated:

the principle of separate state sovereignty

The Supreme Court proportionality analysis of sentences includes all of the following, except:

the sentences imposed on other criminals in the same jurisdiction.

Which is not a purpose of bail?

to sanction the offender

According to the text, what specifically have Arizona, Georgia, and North Carolina eliminated as a potential risk in their prison systems?

weight lifting

Courts have used all of the following in assessing whether punishment is cruel and unusual, except:

whether the victim approves