Con Law Quizzes

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  1. What happened in the Slaughter-House Cases (1873)?

    A)
    The Court held that the Bill of Rights, previously applicable only to the national
    government, was, since the ratification of the 14th Amendment, applicable also to the states.

    B)
    The butchers won their case, but not on the basis of the applicability of the Bill of Rights.

    C)
    The butchers lost their case because they were in violation of the 13th Amendment.


    D)
    The 14th Amendment was held inapplicable to the states, so the butchers lost.

    E)
    Both (C) and (D).

    F)
    None of the above.
    F)None of the above.
  2. It might reasonably be said that Justice Black "lost the battle but won the war" with regard to the incorporation controversy because:

     

    A)
    His "total incorporation" theory of due process was eventually adopted by a majority of the Court. The Court's adoption of that theory eventually led to the incorporation of all of the first eight amendments into the due process clause of the 14th Amendment.

    B)
    The 1st Amendment has been incorporated into the due process clause of the 14th Amendment, as has been the 4th Amendment, the 5th Amendment right to a grand jury indictment, and the 8th Amendment right to be free of cruel and unusual punishments.

    C)
    The 4th Amendment right to be free of unreasonable searches and seizures
    (and the amendment's accompanying exclusionary rule) has been incorporated into the due process clause of the 14th Amendment, as has been the 6th Amendment right of an accused to trial by jury.

    D)
    Choice (A), if the word "all" is replaced by the word "most."

    E)
    Both (B) and (C).

    F)
    None of the above.
    C)The 4th Amendment right to be free of unreasonable searches and seizures(and the amendment's accompanying exclusionary rule) has been incorporated into the due process clause of the 14th Amendment, as has been the 6th Amendment right of an accused to trial by jury.
  3. In
    Saenz v. Roe (1999) the Court:

    A)
    Held, consistent with the Slaughter-House Cases, that the due process clause of the 14th Amendment prevented a state from denying a person the right to travel from one state to another and to receive the same
    welfare benefits in the new state as that person had received in the formernstate.

    B)
    Held, contrary to Slaughter-House, that the due process clause of the 14th Amendment prevented a state from denying a person the right to travel from one state to another and to receive the same welfare benefits in the new state as would be received by a long-time resident of that new state who possessed the same criteria of welfare eligibility.

    C)
    Overruled Colgate v. Harvey (1935).

    D)
    Choice (B), provided the phrase "due process clause" is replaced by the phrase "equal protection clause."

    E) Both (C) and (D).

    F) None of the above.
    F) None of the above.
  4. Individual constitutional rights prevailed in the holdings of:

    A)
    Lochner v. N.Y. (1905).

    B)
    Muller v. Oregon (1908).

    C)
    Myers v. U.S. (1926).

    D)
    Palko v. Connecticut (1937).

    E)
    Youngstown Sheet & Tube v. Sawyer (1952).

    F) None of the above.
    A)Lochner v. N.Y. (1905).
  5. The plaintiff butchers lost their arguments in the U.S. Supreme Court in the Slaughter-House Cases, but given the facts of the case, which of the following arguments were made (or reasonably could have been made) on their behalf?

    A)
    "Your Honors, the Louisiana law at issue here violates the plaintiffs' procedural due process rights."

    B)
    "Your Honors, the Louisiana law at issue here violates the plaintiffs'
    free speech rights."

    C)
    "If it please the Court, the privileges or immunities referred to in the 14th Amendment are the same privileges and immunities found in Article IV, Sec. 2 of the Constitution."

    D)
    "If it please the Court, there must be a reason for the first sentence of the 14th Amendment to refer separately to national citizenship and then to state citizenship."

    E)
    Both (C) and (D).

    F)
    None of the above.
    C)"If it please the Court, the privileges or immunities referred to in the 14th Amendment are the same privileges and immunities found in Article IV, Sec. 2 of the Constitution."
  6. In the Slaughter-House Cases (1873) the plaintiff butchers raised several constitutional arguments but lost all of them. Why?

    A)
    They lost their slavery argument because they had never been held as slaves.

    B)
    They lost their privileges or immunities argument because the right to work in their chosen field was included within the privileges and immunities of state citizenship, not national citizenship.

    C)
    They lost their due process argument because the right they claimed was found by the Court to be procedural in nature, not substantive.

    D)
    They lost their argument based on denial of habeas corpus because their detention was found to be lawful.

    E)
    Both (B) and (C).

    F)
    None of the above.
    B)They lost their privileges or immunities argument because the right to work in their chosen field was included within the privileges and immunities of state citizenship, not national citizenship.
  7. In Saenz v. Roe (1999) the Court:

    A)
    Held, consistent with the Slaughter-House Cases, that the due process clause of the 14th Amendment prevented a state from denying a person the right to travel from one state to another.

    B)
    Held, contrary to Slaughter-House, that the right to travel from one state to another was protected by the 14th Amendment.

    C)
    Stated that the right to work in one's chosen field, without unfair discrimination limiting that right, was protected by one or another provision of the 14th Amendment.

    D)
    Stated, consistent with Slaughter-House, that the right to travel from one state to another was protected by the privileges or immunities clause of the 14th Amendment.

    E)
    Both (A) and (D).

    F)
    Both (B) and (C).
    D)Stated, consistent with Slaughter-House, that the right to travel from one state to another was protected by the privileges or immunities clause of the 14th Amendment.
  8. In which of the following cases did the Court uphold the litigant's right to travel?

    A) Crandall v. Nevada  (1867).

    B) Duncan v. Louisiana   (1968).

    C) Memorial Hospital v. Maricopa County (1974).

    D) Sosna v. Iowa  (1975).

    E) Both (A) and (C).

    F) Both (B) and (D).
    E)Both (A) and (C).
  9. It might reasonably be said that Justice Black "lost the battle but won the war"
    with regard to the incorporation controversy because:

    A)
    His "fundamental rights" theory of due process eventually led to all
    of the provisions of the first eight amendments being incorporated.

    B)
    Corporations are protected by the due process clause of the Constitution, but
    not the privileges or immunities clause.

    C) The 2nd Amendment was incorporated into the due process clause of the 14th Amendment, along with the 1st, 4th and most of the 5th Amendment.

    D) Choice (A) if the word "all" were replaced with the word "most."

    E) Both (B) and (D).

    F) None of the above.
    C) The 2nd Amendment was incorporated into the due process clause of the 14th Amendment, along with the 1st, 4th and most of the 5th Amendment.
  10. Which of the following statements is valid?

    A) A bill passed by majorities of both houses of Congress must usually be presented to the President before it can become law, but there are a few limited exceptions to that general rule.

    B) Congressional action is more likely constitutional if it withholds all funding
    for a war it has declared, than if it orders that some  of the troops fighting that war must be withdrawn no later than one year after the effective date of such congressional action.

    C) The "unitary executive" doctrine is based, in part, on the validity and continued application of both Humphrey's Executor v. U.S. (1935) and Wiener v. U.S. (1958).

    D) "Inferior officers" of the United States may be appointed by members
    of Congress, without the consent of the President, provided a congressional statute so authorizes.

    E)Both (A) and (D).

    F)Both (B) and (D).
    B) Congressional action is more likely constitutional if it withholds all funding for a war it has declared, than if it orders that some  of the troops fighting that war must be withdrawn no later than one year after the effective date of such congressional action.
  11. Which of the following statements is valid?

    A) The plaintiffs in the Slaughter-House Cases lost their 14th Amendment due process argument because the Court found that the right to work in their chosen field was vital enough to be considered a substantive constitutional right.

    B)
    The plaintiffs in Slaughter-House lost their 13th Amendment argument because the Court did not consider the deprivation of the right to work to have subjected them to "slavery."

    C)
    The plaintiffs in Slaughter-House lost their 15th Amendment argument because the right to work in one's chosen field is an aspect of state, not national, citizenship.

    D)Both (A) and (C).

    E)Both (B) and (C).

    F)None of the above.
    A) The plaintiffs in the Slaughter-House Cases lost their 14th Amendment due process argument because the Court found that the right to work in their chosen field was vital enough to be considered a substantive constitutional right.
  12. With regard to the "Lochner Era," it would be reasonable to state that:

    A) It began with Munn v. Illinois (1877) as that was the first case in which a state law was held unconstitutional by the Court on "liberty of contract" grounds.

    B) It began with Muller v. Oregon (1908) as that was the first case in which the Court held that women, being of nature dependent on man," could legally be protected by laws that might well be unconstitutional if applied
    to men.

    C) During that time the Court was more amenable to upholding laws that directly
    impacted hours of work as opposed to those laws that directly impacted wages.

    D) Choice (A) if "Munn v. Illinois (1877') was replaced with "Allgeyer v. Louisiana (1897)."

    E)Both (B) and (C).

    F) Both (C) and (D).
    F) Both (C) and (D).
  13. Which of the following statements is valid?

    A) In Barron v. Baltimore (1833) Barron lost on his equal protection claim that his 
    property had been so badly impacted by governmental action that he was entitled
    to "just compensation."

    B)
    In Barron the Court, through Chief Justice Marshall's opinion, seemingly applied a "textual," as opposed to "originalist" interpretation to the Bill of Rights.

    C) If a congressional statute is attacked as violating separation of powers principles
    it is more likely to be upheld if the Court applies a "formalistic" interpretive approach than a "functionalist" approach.

    D) Justice Frankfurter was opposed to a "total incorporation" philosophy and insisted
    that only "fundamental rights," regardless of whether they were part of the Bill of Rights or not, were applicable to the states under the due process clause of the 14th Amendment. His philosophy led him to concur in Adamson v. California (1947), denying the appellant's argument that his rights were violated by the state government being allowed to mention to the jury his refusal to testify in his criminal trial.

    E)Both (B) and (C).

    F) Both (C) and (D).
    D) Justice Frankfurter was opposed to a "total incorporation" philosophy and insisted that only "fundamental rights," regardless of whether they were part of the Bill of Rights or not, were applicable to the states under the due process clause of the 14th Amendment. His philosophy led him to concur in Adamson v. California (1947), denying the appellant's argument that his rights were violated by the state government being allowed to mention to the jury his refusal to testify in his criminal trial.
  14. It might reasonably be said that Justice Black "lost the battle but won the war" with regard to the incorporation controversy because:

    A) His "total incorporation" theory of due process was eventually adopted by a majority of the Court, and that adoption led to most (although not all) of the first eight amendments being incorporated into the due process clause of the 14th Amendment.

    B)
    Justice Harlan reluctantly agreed with him that the 6th Amendment right to trial by jury must be applied to the states to the same extent as it applied to the national government.

    C)
    The 1st Amendment has been incorporated into the due process clause of the 14th Amendment, as has been the 4th Amendment, the 5th Amendment
    rights to both freedom from self-incrimination and freedom from private property being taken for public use without just compensation, and the 6th Amendment right to counsel in a criminal case.

    D) The 1st Amendment has been incorporated into the due process clause
    of the 14th Amendment, as has been the 4th Amendment right to be free of unreasonable searches and seizures, but the 2nd and 3rd Amendments have not been so incorporated, nor have been the "exclusionary rules" of the 4th or 5th Amendments, as they are not explicitly mentioned in the text of those amendments.

    E) Both (B) and (D).

    F) Both (C) and (D).
    C)The 1st Amendment has been incorporated into the due process clause of the 14th Amendment, as has been the 4th Amendment, the 5th Amendmentrights to both freedom from self-incrimination and freedom from private property being taken for public use without just compensation, and the 6th Amendment right to counsel in a criminal case.
  15. Which of the following statements is valid?

    A) The "contracts clause" of the Constitution has never been applied to the states.

    B) The "contracts clause" of the Constitution was not applied to the states prior to the ratification of the 14th Amendment.

    C) The "contracts clause" of the Constitution does presently apply to the states, through the process of incorporation into the due process clause of the 14th Amendment.     

    D) "Freedom of contract" doctrine was the basis of many Court decisions invalidating state and federal statutes in the early 20th century.

    E) Both (B) and (C).

    F) Both (B) and (D).
    D) "Freedom of contract" doctrine was the basis of many Court decisions invalidating state and federal statutes in the early 20th century.
  16. Which of the following statements is valid?

    A) Justice Black would have preferred "total incorporation," but could take solace in the fact that the due process clause of the 14th Amendment has been held by the Court to include the 1st Amendment right of free expression of religion, the 2nd amendment right to keep and bear arms, the 5th Amendment right to a grand jury presentment or indictment, and the 7th Amendment right to trial by jury.

    B)The Court took an "activist" approach in the "yellow dog contracts" cases, in that it displaced the decisions of the elected representatives of the people, in Congress and in the state legislature.

    C) "Freedom of contract" and "the contracts clause" are two variants of the same
    constitutional right.

    D)Choice (A), if the reference to the 2nd Amendment is deleted. 

    E) Choice (A), if the references to the 2nd Amendment and the 5th Amendment are deleted.

    F) Both (B) and (E).
    B)The Court took an "activist" approach in the "yellow dog contracts" cases, in that it displaced the decisions of the elected representatives of the people, in Congress and in the state legislature.
  17. NLRB v. Noel Canning, argued before the Court January 13th, will very likely be decided before the current term ends in June. How do you think it is likely to turn out?

    A) The Court will hold the congressional statute at issue unconstitutional under Article I.

    B) The Court will find the President to have acted unconstitutionally in asking the Senate to abrogate its filibuster rule with regard to certain presidential appointments, such as that pertaining to appointment to the National Labor Relations Board.

    C) The Court will render a decision that may reasonably be considered "activist" in the sense of enhancing the power of the President vis-a-vis both houses of Congress.

    D) Choice (A), except that the statute will be upheld.

    E) Choice (C), if all after the word "power" is deleted and replaced with the words "of the Senate vis-a-vis the President."

    F) None of the above.
    F) None of the above.
  18. Which of the following statements is valid?

    A) "Inferior officers" of the United States may be appointed to their
    office by the President alone (i.e., without consent of the Senate), provided a congressional statute authorizes such action.

    B)Choice (A), if the words "by the President alone" were deleted and replaced with the words "by the Courts of Law alone."

    C) Choice (A), if the words "by the President alone" were deleted and replaced with the words "by the concurrent action of the Speaker of the
    House and the President Pro Tem of the
    Senate, alone."

    D)Both (A) and (B).

    E)All of the above.

    F)None of the above
    D)Both (A) and (B).
  19. In the Slaughter-House Cases (1873) the plaintiff butchers raised constitutional
    arguments under the post-Civil War amendments. How did those arguments work out for them in the U.S. Supreme Court?

     

    A) They lost the 13th Amendment argument because even though the Court found that not being allowed to work in their chosen field was a form of involuntary servitude the Court also held that only the prevention
    of involuntary servitude of recently-freed former slaves was contemplated by the framers of that amendment.

    B)They lost the privileges or immunities argument because the right to work in their chosen field was included within the privileges or immunities of national citizenship, not state citizenship.

    C)They lost the due process argument because the right they claimed was found by the Court to be procedural in nature, not substantive.

    D) They lost the due process argument because the Court, urged by the plaintiffs
    to follow the holding of Barron v. Baltimore, refused to do so.

    E) Choice (C), provided that that the words "procedural" and "substantive" are interchanged (i.e., replace each other in the sentence).

    F) Choices (B), (C) and (D).
    E) Choice (C), provided that that the words "procedural" and "substantive" are interchanged (i.e., replace each other in the sentence).
  20. Presidential power has been enhanced by:

    A) The passage of the Tenure in Office Act during the administration of President Andrew Johnson.

    B)The holding of Youngstown Sheet & Tube (Steel Seizure Case) (1952).

    C) The holding of Nixon v. Fitzgerald (1982) (presidential claim of immunity from civil suit).

    D)The vote of the House of Representatives on the impeachment of President Clinton.

    E) Both (A) and (D).

    F) Both (B) and (C).
    C) The holding of Nixon v. Fitzgerald (1982) (presidential claim of immunity from civil suit).
  21. In the Slaughter-House Cases the defendant Crescent City Live-Stock Landing and Slaughter-House Company won its case. Which of the following arguments were made (or reasonably could have been made) on the
    company's behalf?

    A) "Your Honors, the plaintiffs' arguments based on the contracts clause are invalid;  they entered into no binding contract with our clients."

    B) "Your Honors, the privileges or immunities referred to in the 14th Amendment are the same privileges and immunities found in Article IV, Sec. 2 of the Constitution."

    C) "If it please the Court, the decision you rendered in INS v. Chadha should not be followed in this case."

    D) "If it please the Court, there must be a reason for the first sentence of the 14th Amendment to refer separately to national citizenship and then to state citizenship."

    E) Choices (B), (C) and (D).

    F) None of the above.
    D) "If it please the Court, there must be a reason for the first sentence of the 14th Amendment to refer separately to national citizenship and then to state citizenship."
  22. Nationallegislative power has been enhanced by:
     
    A)The holding of Myers v. US (1926) (re: the removal of postmasters)

    B)The holding of Weiner v. US (1958) (re: the removal of commissioners on the War Claims Commission).

    C)The holding of Free Enterprise Fund v. Public Co. Accounting Oversight Bd. (2010) (re: the appointment of members of the oversight board).

    D)The doctrine of "reserved powers."

    E)Both (A) and (C).

    F)None of the above.
    B)The holding of Weiner v. US (1958) (re: the removal of commissioners on the War Claims Commission).
  23. Which of the following statements is valid?

    A)The Court has struck down as unconstitutional both the "legislative
    veto" and the "line item veto."

    B)The impeachment power is referred to in the text of the Constitution but no President has actually been impeached; one President (Richard Nixon) did resign in the face of imminent impeachment.

    C)Once a "purely executive officer" of the United States is appointed by the President and approved by a two-thirds vote of the Senate, she can be removed only with the consent of the Senate by the same two-thirds vote.

    D) Choice (C), except that the initial vote to approve and the subsequent vote to remove need be only a simple majority.

    E)Both (A) and (B).

    F)Choices (A), (B), and (D).
    A)The Court has struck down as unconstitutional both the "legislativeveto" and the "line item veto."
  24. The party or parties claiming that the governmental action at issue was unconstitutional won in the case(s) of:

    A)Barron v. Baltimore (1833).           

    B)Dred Scott v. Sandford (1857).

    C)The Slaughter-House Cases (1873).

    D)US v. Curtiss-Wright Export Co. (embargo on arms shipments) (1936).

    E)Both (A) and (D).

    F) Both (B) and (C).
    B)Dred Scott v. Sandford (1857).
  25. Which of the following statements is valid?

    A)The President has absolute immunity from civil damages liability for his official acts in office, but only qualified immunity from his actions prior to the date he assumes the presidency.

    B)During the "Lochner Era" not all state or federal laws were held unconstitutional
    as violating due process; some were upheld as reasonable societal regulations; for example, Muller v. Oregon (1908), Bunting v. Oregon (1917), and Nebbia v. N.Y. (1934).

    C) The 6th Amendment right to trial by jury includes the right to a jury of 12 persons, in federal court.

    D) The 14th Amendment right to trial by jury in criminal cases where punishment may be six months or more includes the right to a jury of 12 persons, in state court.

    E) Both (A) and (C).

    F) None of the above.
    B)During the "Lochner Era" not all state or federal laws were held unconstitutionalas violating due process; some were upheld as reasonable societal regulations; for example, Muller v. Oregon (1908), Bunting v. Oregon (1917), and Nebbia v. N.Y. (1934).
  26. What judge(s) might reasonably be considered "activist?"

    A) The majority in Allgeyer v. Louisiana (1897) in that it based its decision on
    the non-textual premise that private property may not be taken by the government without paying just compensation to the owner of that property.

    B) Justice Harlan, in Lochner v. N.Y. (1905), in that he would displace the will of the people of the state as expressed through their elected representatives.

    C) The majority in Muller v. Oregon (1908) in that it based its decision on the discriminatory premise that women are more worthy of societal protection thanmen due to their inherent fragility and delicate nature.

    D) The majority in West Coast Hotel v. Parrish (1937) in that it disregarded the
    precedent of Morehead v. N.Y. ex rel. Tipaldo (1936).

    E)Both (A) and (D)

    F)Both (B) and (C).
    D) The majority in West Coast Hotel v. Parrish (1937) in that it disregarded the precedent of Morehead v. N.Y. ex rel. Tipaldo (1936).
  27. Individual constitutional rights prevailed in the holdings of:

    A)Holden v. Hardy (1898).

    B)West Coast Hotel v. Parrish (1937).

    C)Edwards v. California  (1941).

    D)Duncan v. Louisiana  (1968).

    E)Both (A) and (C).

    F) None of the above.
    D)Duncan v. Louisiana  (1968).
  28. Which of the following statements is valid?

    A) The Court took an "activist" approach in the "yellow dog contracts" cases in that the holdings favored the rights of corporate employers more than it did the rights of working men and women.

    B) The "unitary executive" doctrine is based, in part, on a view that both Humphrey's
    Executor v. U.S. (1935) and Wiener v. U.S. (1958) were incorrectly decided.

    C) Saenz v. Roe (1999) was the first case decided by the U.S. Supreme Court holding
    a state law unconstitutional under the 14th Amendment's privileges or immunities clause.

    D) "Freedom of Contract" and "the contracts clause" are two variants of the same constitutional right.

    E)Both (A) and (D).

    F)Both (B) and (C).
    B) The "unitary executive" doctrine is based, in part, on a view that both Humphrey'sExecutor v. U.S. (1935) and Wiener v. U.S. (1958) were incorrectly decided.
  29. It might reasonably be said that Justice Black "lost the battle but won the war" with regard to the incorporation controversy because:

    A)His "fundamental rights" theory of due process eventually led to most of the provisions of the first eight amendments being incorporated.

    B)The 1st Amendment has been incorporated into the due process clause
    of the 14th Amendment, as has been the 4th Amendment, the 5th Amendment right against self-incrimination (including the right of the accused not to take the stand in a criminal case and not to allow prosecution comment on that fact), and the 8th Amendment right to be free of cruel and unusual punishments.

    C) The 4th Amendment right to be free of unreasonable searches and seizures (and the amendment's accompanying exclusionary rule) has been incorporated into the due process clause of the 14th Amendment, as has been the 6th Amendment right of an accused to trial by jury.

    D)Both (A) and (B).

    E)Both (B) and (C).

    F) None of the above.
    E)Both (B) and (C).
  30. Which of the following statements is valid?

    A) Justice Douglas's opinion for the Court
    in Griswold v. Conn. (1965) struck down the Connecticut statute on the ground that it violated provisions of the Bill of Rights.

    B) Justice Black, in 1965, believed that any state statute in conflict with the Bill of Rights was unconstitutional.

    C) Justice Harlan dissented in Griswold because he did not find a "right of privacy"
    in the Bill of Rights.

    D)
    Justice Harlan dissented  in Griswold
    because he did not subscribe to the"total incorporation" theory espoused by Justices Douglas and Black.

    E)Both (A) and (B).

    F)Both (B) and (D).
    E)Both (A) and (B).
  31. In Griswold v. Conn (1965) Justice Douglas's opinion for the Court relied to some extent on prior decisions; e.g., Meyer v. Nebraska (1923) and Pierce v. Society of Sisters (1925). What was the basis of the dissenters' argument that those cases did not justify the result in Griswold?

    A) Meyer and Pierce had been overruled in 1937.

    B) Meyer and Pierce had been decided during the Lochner era and should not be relied upon in an era in which Lochner has been repudiated.

    C) Meyer and Pierce dealt with economic rights; i.e., the right of buyers and sellers to freely contract with each other, free of governmental price-setting, whereas Griswold was concerned with the right of privacy of married couples.

    D) Any "right of privacy" belongs to the individual, not to a couple
    (married or not) nor to any group of people, according to the holding of Eisenstadt v.
    Baird (1972).

    E)Both (A) and (D).

    F) Both (B) and (C).
    B) Meyer and Pierce had been decided during the Lochner era and should not be relied upon in an era in which Lochner has been repudiated.
  32. With regard to Saenz v. Roe (1999) it might reasonably be argued that the case   is:

    A) Consistent with Slaughter-House in that the holdings of both cases vindicated
    (i.e., supported) the equal protection rights of the parties claiming those rights.

    B) Consistent with Slaughter-House in that the holdings of both cases vindicated
    the right of travel of the parties claiming those rights.

    C) The first case since Slaughter-House to hold a state law unconstitutional as violative of the right to travel.

    D)Both (A) and (B).

    E)Both (B) and (C).

    F)None of the above.
    F)None of the above.
  33. NLRB v. Noel Canning, argued before the Court January 13th, will likely be decided before the current term ends in June. Which of the following statements is a reasonable
    prediction of what the Court will do?

    A) The Court will hold the congressional statute at issue unconstitutional under Article I.

    B) The Court will find the President to have acted unconstitutionally in making appointments to an administrative agency without the advice and consent of the House and the Senate.

    C) The Court will render a decision that may reasonably be considered "activist" in the sense of enhancing the power of the Senate vis-a-vis the President.

    D) The Court will find the President to have acted constitutionally in making his appointments to an administrative
    agency during a recess of the Senate.

    E)Both (B) and (C).

    F)Both (C) and (D).
    D) The Court will find the President to have acted constitutionally in making his appointments to an administrativeagency during a recess of the Senate.
  34. In the Slaughter-House Cases the defendant Crescent City Live-Stock Landing and Slaughter-House Company won its case. Which of the following arguments were made (or reasonably could have been made) on the
    company's behalf?

    A) "Your Honors, plaintiffs' arguments based on the 13th Amendment are invalid; our clients did not force them to work against their will."

    B) "Your Honors, the 14th Amendment refers separately to  rights of national citizenship and state citizenship."

    C) "If it please the Court, "due process" refers to procedure, not substance."

    D)Both (B) and (C).

    E) All of the above.

    F)None of the above.
    E) All of the above.
  35. Individual constitutional rights prevailed against governmental action in the holdings of:

    A) Barron v. Baltimore (1833).

    B) Dred Scott v. Sandford (1857).

    C) Lochner v. N.Y. (1905).

    D) Both (B) and (C).

    E) All of the above.

    F)None of the above.
    D) Both (B) and (C).
  36. In Saenz v. Roe (1999) the Court:

    A) Held, consistent with the Slaughter-House Cases, that the due process clause
    of the 14th Amendment prevented a state from denying a person the right to travel from one state to another.

    B) Held, contrary to Slaughter-House, that the right to travel from one state to another was protected by the 14th Amendment.

    C) Stated, consistent with Slaughter-House, that the right to travel from one state to another was protected by the privileges or immunities clause of the 14th Amendment.

    D) Stated that the right to work in one's chosen field, without unfair discrimination limiting that right, was protected by one or another provision of the 14th Amendment.

    E) Both (A) and (D).

    F) Both (B) and (C).
    C) Stated, consistent with Slaughter-House, that the right to travel from one state to another was protected by the privileges or immunities clause of the 14th Amendment.
  37. It might reasonably be said that Justice Black "lost the battle but won the war" with regard to the incorporation controversy because: 

    A) The 1st Amendment has been incorporated into the due process clause
    of the 14th Amendment, as has been the 4th Amendment, the 5th Amendment rights to both freedom from self-incrimination and freedom from private property being taken for public use without just compensation,
    and the 6th Amendment right to counsel in a criminal case.

    B) His "total incorporation" theory of due process was eventually adopted by a
    majority of the Court, and that adoption led to most (although not all) of the first eight amendments being incorporated into the due process clause of the 14th Amendment.

    C) The 1st Amendment has been incorporated into the due process clause of the 14th Amendment, as has been the 4th Amendment right to be free of unreasonable searches and seizures, but the 2nd and 3rd
    Amendments have not been so incorporated, nor have been the "exclusionary rules" of the 4th or 5th Amendments, as they are not
    explicitly mentioned in the text of those amendments.

    D) Justice Harlan reluctantly agreed with him that the 6th Amendment right to trial by jury must be applied to the states to the same extent as it applied to the national government.

    E) Both (B) and (D).

    F) Both (C) and (D).
    A) The 1st Amendment has been incorporated into the due process clauseof the 14th Amendment, as has been the 4th Amendment, the 5th Amendment rights to both freedom from self-incrimination and freedom from private property being taken for public use without just compensation, and the 6th Amendment right to counsel in a criminal case.
  38. The litigant(s) claiming a violation of the constitutional right to travel under
    the 14th Amendment prevailed in the
    holdings of which of the following cases:

    A) Dred Scott v. Sandford (1857).

    B) Crandall v. Nevada (1868).

    C) The Slaughter-House Cases (1873).

    D) Sosna v. Iowa (1975). (jurisdiction required for divorce)

    E)Choices (B), (C), and (D).

    F)None of the above.
    F)None of the above.
  39. Which of the following statements is valid?

    A) McDonald v. Chicago (2010) held, for the first time, that the 2nd Amendment right to keep and bear arms, was an individual right, not one tied to "a well regulated Militia."

    B) "Freedom of contract," as recognized by the Court during the Lochner Era, is a totally different individual right from the "contracts clause" of the Constitution.

    C) Not all of the Bill of Rights has been incorporated into the due process clause of the 14th Amendment, but all of the 1st, 2nd, 4th and 5th Amendments have been.

    D) Justice Frankfurter adhered to the "total incorporation" theory of the 14th Amendment, but that theory has never been
    adopted by a majority of the Court.

    E) Both (A) and (D).

    F) Both (B) and (C).
    B) "Freedom of contract," as recognized by the Court during the Lochner Era, is a totally different individual right from the "contracts clause" of the Constitution.
  40. State governmental authority has prevailed against constitutional attack in the holdings of:

    A) Fletcher v. Peck (1810).

    B) Allgeyer v. Louisiana (1897).

    C) Holden v. Hardy (1898).

    D) Lochner v. N.Y.  (1905).

    E) Duncan v. Louisiana  (1968).

    F) Both (B) and (D).
    C) Holden v. Hardy (1898).
  41. It is the year 1985.  The state or federal
    government may constitutionally limit a woman's right to secure an abortion in which of the following ways?

    A) It may impose, as a general matter, a 24-hour waiting period after the woman's first
    contact with a clinic.

    B) It may mandate, with a few exceptions, that a married woman secure consent from
    her husband prior to the procedure.

    C) It may mandate, with a judicial bypass exception, that a minor notify a parent prior
    to the procedure.

    D) It may refuse to provide Medicaid funding for the abortion, even if the woman is
    indigent.

    E) Both (A) and (B).

    F) Both (C) and (D).
    F) Both (C) and (D).
  42. Assume now that the year is 2014. How might the government limit the abortion right presently?

    A) It may impose, as a general matter, a 24-hour waiting period after the woman's first
    contact with a clinic.

    B) It may mandate, with a few exceptions, that a married woman secure consent from
    her husband prior to the procedure.

    C) It may mandate, with a few exceptions, that a married woman notify her husband prior to the procedure.

    D) Both (A) and (C).

    E) Both (B) and (C).

    F) None of the above.
    A) It may impose, as a general matter, a 24-hour waiting period after the woman's firstcontact with a clinic.
  43. Which of the following statements is valid?

    A) In Roe v. Wade (1973) the Court held that the fetus was not a "person" protected by the 14th Amendment.

    B) In Roe v. Wade the Court held that a woman's right to control her own body was not subject to any state restriction
    on that right.

    C) In Roe v. Wade the Court held that the state had a legitimate governmental interest in the protection of potential life from the beginning of the pregnancy.

    D) Roe v. Wade was explicitly overruled by Planned Parenthood v. Casey (1992) but the right of a woman to secure an abortion still exists in a number of states that have not followed the lead of the Pennsylvania statute upheld by the Court.

    E) Both (A) and (C).

    F) Both (B) and (D).
    E) Both (A) and (C).
  44. With regard to the "Lochner Era" it would be reasonable to state that:  

    A) It began with Munn v. Illinois (1877) as
    the Court indicated in that case that it might
    in the future strike down legislation interfering with the right of private parties
    to contract with one another.

    B) It began with Allgeyer v. Louisiana (1897) as the Court held in that case that private
    property could not be taken by a state government without paying the
    owner just compensation.

    C) It began with Holden v. Hardy (1898) as the Court held in that case that a state
    legislature could limit the employment of workers in mines to eight hours per day.

    D) It ended with Coppage v. Kansas (1915) as the Court held in that case that "yellow dog contracts" were valid.

    E) Both (A) and (D).

    F) Both B) and (C).
    A) It began with Munn v. Illinois (1877) asthe Court indicated in that case that it mightin the future strike down legislation interfering with the right of private partiesto contract with one another.
  45. What judge(s) might reasonably be considered "activist?"

    A) The majority in Allgeyer v. Louisiana (1897) in that it based its decision on the
    non-textual premise that private property may not be taken by the government
    without paying just compensation to the owner of that property.

    B) Justice Harlan, in Lochner v. N.Y. (1905), in that he would displace the will of the people of the state as expressed through their elected representatives.

    C) The majority in Muller v. Oregon (1908) in that it based its decision on the discriminatory premise that women are more worthy of societal protection than men due
    to their inherent fragility and delicate nature.

    D) The majority in West Coast Hotel v. Parrish (1937) in that it disregarded the precedent of Morehead v. N.Y. ex rel. Tipaldo (1936).

    E) Both (A) and (D)

    F) Both (B) and (C).
    D) The majority in West Coast Hotel v. Parrish (1937) in that it disregarded the precedent of Morehead v. N.Y. ex rel. Tipaldo (1936).
  46. In Griswold v. Conn (1965) Justice Douglas's opinion for the Court relied to some extent on prior decisions; e.g., Meyer v. Nebraska (1923) and Pierce v. Society of Sisters (1925). What was the basis of the dissenters' argument that those cases did not justify the result in Griswold?

    A) Meyer and Pierce had been overruled in 1937.

    B) Meyer and Pierce had been decided during the Lochner era and should not be relied
    upon in an era in which Lochner has been repudiated.

    C) Meyer and Pierce dealt with economic rights; i.e., the right of buyers and sellers
    to freely contract with each other, free of governmental price-setting, whereas
    Griswold was concerned with the right of privacy of married couples.

    D) Any "right of privacy" belongs to the individual, not to a couple (married or not) nor to any group of people, according to the holding of Eisenstadt v. Baird (1972).

    E) Both (A) and (D).

    F) Both (B) and (C).
    B) Meyer and Pierce had been decided during the Lochner era and should not be reliedupon in an era in which Lochner has been repudiated.
  47. In the Slaughter-House Cases (1873) it would be reasonable to state that:

    A) The plaintiffs lost their 13th Amendment argument because the Court did not consider the deprivation of the right to work to have subjected them to "slavery."

    B) The plaintiffs lost their 14th Amendment due process argument because the Court found that the right to work in their chosen field was vital enough to be considered a substantive constitutional right.

    C) The plaintiffs lost their 15th Amendment argument because the right to work in one's chosen field is an aspect of state, not national, citizenship.

    D) Both (A) and (C).

    E) Both (B) and (C).

    F) None of the above.
    B) The plaintiffs lost their 14th Amendment due process argument because the Court found that the right to work in their chosen field was vital enough to be considered a substantive constitutional right.
  48. It might reasonably be said that Justice Black "lost the battle but won the war" with regard to the incorporation controversy because:

    A) His "fundamental rights" theory of due process eventually led to most, though
    not all, of the provisions of the first eight amendments being incorporated into the due process clause of the 14th Amendment.

    B) The 1st Amendment right to freedom of speech and of the press, the 4th Amendment
    right to be free of unreasonable searches and seizures and the 4th Amendment
    exclusionary rule, the 5th Amendment double jeopardy clause, the 6th Amendment right to trial by jury and to counsel have all been incorporated into the due process clause of the 14th Amendment.

    C) The 8th Amendment right to be free of cruel and unusual punishments has been
    incorporated into the 14th Amendment's due process clause.

    D) The 2nd Amendment right to keep and bear arms was finally deemed "fundamental"
    enough to be incorporated into the due process clause of the 14th Amendment in D.C. v. Heller (2008).

    E) Both (A) and (D).

    F) Both (B) and (C).
    F) Both (B) and (C).
  49. In Michael H. v. Gerald D. (1989):

    A) The Court held that the natural father seeking visiting rights was constitutionally
    entitled to those rights, provided that he was able to prove, by clear and convincing evidence, that he was the natural (i.e., biological) father.

    B) Justice O'Connor cited Griswold v. Conn. to support her view that applying "the
    most specific level of generality" was not the appropriate  way to Interpret the history and tradition underlying an asserted constitutional right.

    C) Justice Scalia wrote for the majority in stating that the history and tradition
    underlying an asserted constitutional right must be interpreted as broadly as possible.

    D) Choice (C), if the word "broadly" was replaced with the word "narrowly."

    E) Both (A) and (D).

    F) Both (B) and (C).
    B) Justice O'Connor cited Griswold v. Conn. to support her view that applying "themost specific level of generality" was not the appropriate  way to Interpret the history and tradition underlying an asserted constitutional right.
  50. Which of the following statements is valid?

    A) Justices Douglas and Black were on the same side of the case (i.e., agreed on the judgment) in Griswold v. Conn. (1965).

    B) Justice Black cited to the 9th Amendment in Griswold to justify his opinion that the statute in question was unconstitutional.

    C) The holding of Moore v. City of East Cleveland (1977) vindicated the right of
    a family to live together under the doctrine of substantive due process.

    D) Meyer v. Nebraska (1923) and Pierce v. Society of Sisters (1925), decided during the Lochner era, have never been overruled.

    E) Both (A) and (D).

    F) Both (B) and (C).
    D) Meyer v. Nebraska (1923) and Pierce v. Society of Sisters (1925), decided during the Lochner era, have never been overruled.
  51. Who of the following might reasonably be considered "activist" judges?

    A) The majority in Allgeyer v. La. (1897) in that it based its decision on the non-textual premise that private property may not be taken by the government without paying just compensation to the owner of that property.

    B) Justice Harlan, in Lochner v. N.Y. (1905)  in that he would displace the will of the people of the state as expressed through their elected representatives.

    C) The majority in Roe v. Wade (1973)  in that it based its decision on a provision of the Constitution not found in that document's text or clearly implied from that text.

    D) Choice (A), if the words "non-textual" were deleted.

    E) Both (B) and (D).

    F) Both (C) and (D).
    C) The majority in Roe v. Wade (1973)  in that it based its decision on a provision of the Constitution not found in that document's text or clearly implied from that text.
  52. Which of the following statements is valid?

    A) Stenberg v. Carhart (2000) and Gonzalez v. Carhart (2007) came to different conclusions about "partial birth abortion."

    B) It is obvious that "parents" are not necessarily "grandparents," but grandparents managed to win their cases under the doctrine of "parental rights," in both Moore v. City of East Cleveland (1977) and Troxel v.
    Granville (2000).

    C) In Zablocki v. Redhail (1978) the Court stated that imprisoning a parent for non-payment of child support was a "less burdensome alternative" than denying him a marriage license.

    D) In Roe v. Wade (1973) the Court held that a fetus was a "person" protected by the 14th Amendment from the beginning of the pregnancy.

    E) Both (A) and (C).

    F) None of the above.
    E) Both (A) and (C).
  53. Which of the following statements is valid?

     

    A) Saenz v. Roe (1999) was consistent with the Slaughter-House Cases (1873) in that both cases stated that the right to travel was an aspect of the privileges or immunities clause.

    B) Saenz  held a state statute constitutional as violative of the right to travel.

    C) Saenz held a state statute unconstitutional as violative of the 14th
    Amendment.

    D) Both (A) and (C).

    E) Both (B) and (C).

    F) All of the above.
    F) All of the above.
  54. Individual constitutional rights were vindicated by the holdings of:

    A) The Slaughter-House Cases (1873).

    B) Lochner v. N.Y. (1905).

    C) Muller v. Oregon (1908).

    D) Belle Terre v. Boraas (1974).

    E) Both (A) and (D).

    F) Both (C) and (D).
    B) Lochner v. N.Y. (1905).
  55. Which of the following statements is valid?

    A) Justice Harlan, in 1965, believed that a state statute in conflict with any provision of the Bill of Rights was unconstitutional.

    B) Justice Harlan joined the majority in Griswold v. Conn. (1965) but did so in a separate concurring opinion in which he
    stated that the right of marital privacy was properly located in the "penumbras and emanations" of the Bill of Rights.

    C) Planned Parenthood of Pennsylvania v. Casey (1992) reaffirmed the trimester framework of Roe v. Wade (1973)
    but nonetheless held several provisions of the statute at issue constitutional even though similar statutory provisions had been invalidated by the Court in previous decisions.

    D) It would be reasonable to state that the "Lochner Era" began in 1877 with Munn v.Illinois.

    E) Both (A) and (B).

    F) Both (C) and (D).
    D) It would be reasonable to state that the "Lochner Era" began in 1877 with Munn v.Illinois.
  56. In Griswold v. Conn (1965) Justice Douglas's opinion for the Court relied to some extent on prior decisions; e.g., Meyer v. Nebraska (1923) and Pierce v. Society of Sisters (1925). What was the basis of the dissenters' argument that those cases did not justify the result in Griswold?

    A) Meyer and Pierce had been overruled in 1937.

    B) Meyer and Pierce had been decided during the Lochner era and should not be relied upon in an era in which Lochner has been repudiated.

    C) Meyer and Pierce dealt with economic rights; i.e., the right of buyers and
    sellers to freely contract with each other, free of governmental price-setting,
    whereas Griswold was concerned with the right of privacy of married couples.

    D) Any "right of privacy" belongs to the individual, not to a couple (married or not) nor to any group of people, according to the holding of Eisenstadt v. Baird (1972).

    E) Both (A) and (D).

    F) Both (B) and (C).
    B) Meyer and Pierce had been decided during the Lochner era and should not be relied upon in an era in which Lochner has been repudiated.
  57. In Apodaca v. Oregon (1972):

    A) Four justices (only) stated that the right to a unanimous jury verdict was part of the 6th Amendment right to trial by jury.

    B) Four justices (only) stated that the right to a unanimous jury verdict was a fundamental right applicable to the states
    pursuant to the 14th Amendment.

    C) Eight justices (only) agreed that the 6th Amendment right to trial by jury was fundamental and must be applied in
    state courts to the same extent
    and in the same way that it is applied in
    federal court, "jot for jot," so that if the 6th Amendment included the right to a unanimous jury so did the 14th Amendment.

    D) Both (A) and (C).

    E) Both (B) and (C).

    F) All of the above.
    E) Both (B) and (C).
  58. Which of the following statements is valid?

    A) Not all of the Bill of Rights has been incorporated into the due process clause of the 14th Amendment, but all of the 1st, 2nd, and 4th Amendments have been, including the 4th Amendment right to have evidence seized in violation of that amendment excluded from trial.

    B) McDonald v.Chicago (2010) held, for the first time, that the 2nd Amendment right to keep and bear arms, was an individual right, not one tied to a "well regulated
    militia."

    C) "Freedom of contract" is essentially non-textual and operates prospectively, while the "contracts clause" is textual and operates
    retrospectively.

    D) The "contracts clause" was first applied to the states in 1897.

    E)Both (A) and (D).

    F)Both (B) and (C).
    C) "Freedom of contract" is essentially non-textual and operates prospectively, while the "contracts clause" is textual and operates retrospectively.
  59. What judge(s) might reasonably be considered "activist?"

    A) The majority in Allgeyer v. Louisiana (1897) in that it displaced the will of the people of the state as expressed through their elected representatives.

    B) Justice Harlan, in Lochner v. N.Y. (1905), in that he would displace the will of the people of the state as expressed through their elected representatives.

    C) The majority in Muller v. Oregon (1908) in that it based its decision on the discriminatory premise that women are more worthy of societal protection than men due to their inherent fragility and delicate nature.

    D) The majority in West Coast Hotel v. Parrish (1937) in that it disregarded the precedent of Morehead v. N.Y. ex rel. Tipaldo (1936).

    E) Both (A) and (D)

    F) Both (B) and (C).
    E) Both (A) and (D)
  60. Individual constitutional rights prevailed in the holding(s) of:

    A) Lochner v. N.Y. (1905).

    B) Skinner v. Oklahoma (1942).

    C) Griswold v. Conn. (1965).

    D) Duncan v. Louisiana (1968).

    E) Both (C) and (D).

    F) All of the above.
    F) All of the above.
  61. Which of the following statements is valid?

    A) During the "Lochner Era" not all state or federal laws were held unconstitutional as violating due process; some were upheld as reasonable societal regulations; for example, Muller v. Oregon (1908), Bunting v. Oregon (1917), and Nebbia v. N.Y. (1934).

    B) The President has absolute immunity from civil damages liability for his official acts in office, but only qualified immunity from his actions prior to the date he assumes the presidency.

    C) The 6th Amendment right to trial by jury includes the right to a jury of 12 persons, in federal court.

    D) The 14th Amendment right to trial by jury in criminal cases where punishment may be six months or more includes the right to a jury of 12 persons, in state court.

    E) Both (A) and (C).

    F) None of the above.
    A) During the "Lochner Era" not all state or federal laws were held unconstitutional as violating due process; some were upheld as reasonable societal regulations; for example, Muller v. Oregon (1908), Bunting v. Oregon (1917), and Nebbia v. N.Y. (1934).
  62. State governmental authority has been strengthened by:

    A) The holding of Muller v. Oregon (1908).

    B) The holding of West Coast Hotel v. Parrish (1937).

    C) The  doctrine of "natural law" as expressed by Justice Samuel Chase in
    Calder v. Bull.

    D) Both (A) and (B).

    E) Both (A) and (C).

    F) None of the above.
    D) Both (A) and (B).
  63. Which of the following statements is valid?

    A) Justice Harlan, like Justice Black, was a "total incorporationist."

    B) Pierce v. Society of Sisters (1925) held that the states had the power to ensure, pursuant to their 10th Amendment powers, that all students attend a public, not a private,  school.

    C) Justice Black, a "total incorporationist" regarding individual rights, did not believe that a married couple had the constitutional right to use contraceptives to avoid pregnancy if a state statute provided otherwise.

    D) Both (B) and (C).

    E) All of the above.

    F) None of the above.
    C) Justice Black, a "total incorporationist" regarding individual rights, did not believe that a married couple had the constitutional right to use contraceptives to avoid pregnancy if a state statute provided otherwise.
  64. In Planned Parenthood v. Casey (1992):

    A)  A majority of the Court upheld the spousal notification requirements of the
    state statute.

    B)  A majority of the Court upheld the trimester framework established in 1973
    by Roe v. Wade.

    C)  A majority of the Court overruled  previous Court precedent regarding the
    unconstitutionality of a 24-hour waiting
    period prior to obtaining an abortion.

    D)  A majority of the Court overruled previous Court precedent regarding the
    unconstitutionality of a limited parental
    consent provision prior to a minor obtaining an abortion.

    E) Both (A) and (D).

    F) None of the above.
    C)  A majority of the Court overruled  previous Court precedent regarding the unconstitutionality of a 24-hour waitingperiod prior to obtaining an abortion.
  65. Which of the following statements is valid?

    A) Justice Harlan, in 1965, believed that any statute in conflict with any provision of the Bill of Rights was unconstitutional.

    B) Griswold held that the 9th Amendment was incorporated in the due process clause of the 14th Amendment.

    C) Justice Goldberg (but not a Court majority in Griswold) believed that the 9th Amendment was incorporated in the due
    process clause of the 14th Amendment.

    D)  Roe v. Wade (1973) held that there could be no governmental limitation on a woman's right to terminate a pregnancy by obtaining an abortion, but subsequent decisions, including Planned Parenthood v. Casey (1992) indicated that some governmental limitations on that right were permissible.

    E) Both (C) and (D).

    F)  None of the above.
    F)  None of the above.
  66. In Michael H. v. Gerald D. (1989):

    A)Justice Scalia wrote for the majority in stating that the history and
    tradition underlying an asserted constitutional right must be interpreted as broadly as possible.

    B) Justice O'Connor cited Griswold v. Conn. to support her view that applying "the most specific level of generality" was not the appropriate way to Interpret the history and tradition underlying an asserted constitutional right.

    C  The Court held that the natural father seeking visiting rights was constitutionally entitled to those rights, provided that he was able to prove, by clear and convincing evidence, that he was the natural (i.e., biological) father.

    D) Choice (C), if the word "broadly" was replaced with the word "narrowly."

    E) Both (A) and (D).

    F)  Both (B) and (C).
    B) Justice O'Connor cited Griswold v. Conn. to support her view that applying "the most specific level of generality" was not the appropriate way to Interpret the history and tradition underlying an asserted constitutional right.
  67. It is the year 1985.  The state or federal government may constitutionally limit
    a woman's right to secure an abortion in which of the following ways?

    A)  It may impose, as a general matter, a 24-hour waiting period after the woman's first contact with a clinic.

    B)  It may mandate, with a few exceptions, that a married woman secure consent from her husband prior to the procedure.

    C)  It may mandate, with a judicial bypass exception, that a minor notify a parent prior to the procedure.

    D)  It may refuse to provide Medicaid funding for the abortion, even if the woman is indigent.

    E) Both (A) and (B).

    F) Both (C) and (D).
    F) Both (C) and (D).
  68. Assume now that the year is 2014. How might the government limit the abortion
    right presently?

    A) It may impose, as a general matter, a 24-hour waiting period after the woman's first contact with a clinic.

    B) It may mandate, with a few exceptions, that a married woman secure consent from her husband prior to the procedure.

    C)  It may mandate, with a few exceptions, that a married woman notify her husband prior to the procedure.

    D) Both (A) and (C).

    E) Both (B) and (C).

    F ) None of the above.
    A) It may impose, as a general matter, a 24-hour waiting period after the woman's first contact with a clinic.
  69. In Apodaca v. Oregon (1972):

    A) Five justices (only) stated that the right to a unanimous jury verdict was part of the 6th Amendment right to trial by jury.

    B) Five justices (only) stated that the right to a unanimous jury verdict was a fundamental right applicable to the states pursuant to the 14th Amendment.

    C) Eight justices (only) agreed that the 6th Amendment right to trial by jury was fundamental and must be applied in state courts to the same extent and in the same way that it is applied in federal court, "jot for jot," so that if the 6th Amendment included the right to a unanimous jury so did the 14th Amendment.

    D) Both (A) and (C).

    E) Both (B) and (C).

    F)  All of the above.
    D) Both (A) and (C).
  70. Which of the following statements is valid?

    A) State governmental power has been strengthened by the doctrine of “natural law” as expressed by Justice Samuel Chase in Calder v. Bull (1798).

    B)  It might reasonably be argued that the majority in West Coast Motel v. Parrish
    (1937) was “activist” in that it disregarded the precedent of Morehead v. N.Y.
    ex rel. Tipaldo (1936).

    C)  The 6th Amendment right to trial by jury includes the right to a jury of 12, in
    federal court.

    D)  The 14th Amendment right to trial by jury where punishment may be six months or
    more includes the right to a jury of 12, in state court.

    E) Both (A) and (C).

    F)  None of the above.
    B)  It might reasonably be argued that the majority in West Coast Motel v. Parrish(1937) was “activist” in that it disregarded the precedent of Morehead v. N.Y.ex rel. Tipaldo (1936).
  71. What factors, other than the probable correctness of the prior holding, will be considered by the Court in determining whether it will adhere to the doctrine of stare decisis and thereby uphold that prior decision, according to the majority in Planned Parenthood v. Casey (1992)?

    A) Whether the prior decision has been relied upon in a substantial way by a significant portion of this nation's population. If it has been so relied
    upon that is a factor in favor of upholding the prior decision rather than reconsidering and possibly overruling it.

    B) Whether the membership of the Court has changed significantly since the prior decision was rendered. If the membership has changed significantly, in accordance with the appointment powers exercised by the elected representatives of the people in the political branches of the government (i.e., the President and the Senate) that is a factor in favor of reconsidering and possibly overruling the prior decision.

    C) Whether the prior decision has been the source of continued dispute throughout the nation. If the decision has been continuously "under fire" that is a factor in favor of reconsidering and possibly overruling the prior decision.

    D) Whether there has been an evolution of legal principle that has eroded the "doctrinal footings" of the prior case. If there has been such an erosion, that is a factor in favor of reconsidering and possibly overruling the
    prior decision.

    E) Both (A) and (D).

    F)  Both (B) and (C).
    E) Both (A) and (D).
  72. How would you characterize the dissent of Justice O'Connor in Kelo v. City of New London (2005)?

    A) She argued that past cases such as Berman v. Parker (1954) and Hawaii
    Housing Auth'y v. Midkiff (1984) were consistent with her Kelo opinion in that
    those earlier cases involved "affirmative harm" to society while there was no such harm involved in the current case.

    B) She argued that denying the individual litigants their constitutional claims
    constituted an ill-considered revival of the Lochner-era's conception of substantive due process.

    C) She argued that the Court majority had thwarted the will of the people of the
    city of New Haven, as expressed through their elected representatives.

    D) She argued that city or state laws or regulations enacted for the general health,
    safety and welfare of the people might be so severe in their effects on an individual property owner as to become the equivalent of eminent domain and must be compensated as a "regulatory taking."

    E) Both (A) and (D).

    F) Both (B) and (D).
    A) She argued that past cases such as Berman v. Parker (1954) and HawaiiHousing Auth'y v. Midkiff (1984) were consistent with her Kelo opinion in thatthose earlier cases involved "affirmative harm" to society while there was no such harm involved in the current case.
  73. Which of the following statements is valid?

    A)  Justice Black, in 1965, believed that any
    statute in conflict with any provision of the Bill of Rights was unconstitutional.

    B)  Griswold held that the 9th Amendment was incorporated in the due process clause of the 14th Amendment.

    C)  Justice Goldberg (but not a Court majority in Griswold) believed that the
    9th Amendment was incorporated in the due process clause of the 14th Amendment.

    D)  Roe v. Wade (1973) held that there could be no governmental limitation on a woman's right to terminate a pregnancy by obtaining an abortion, but subsequent decisions, including Planned Parenthood v. Casey (1992) indicated that some governmental limitations on that right were permissible.


    E)  Both (C) and (D).

    F)  None of the above
    A)  Justice Black, in 1965, believed that anystatute in conflict with any provision of the Bill of Rights was unconstitutional.
  74. A "regulatory taking" (i.e., "inverse condemnation" was held to exist in:

    A) Miller v. Schoene (1928).

    B) Berman v. Parker (1954).

    C) Loretto v. Teleprompter Manhattan CATV Corp. (1982).

    D)Lucas v. S. Carolina Coastal Council (1992).

    E) Both (A) and (B).

    F)Both (C) and (D).
    F)Both (C) and (D).
  75. Which of the following statements is valid?

    A) In Roe v. Wade (1973) the Court held that the fetus was not a "person" protected by the 14th Amendment.

    B) In Roe v. Wade the Court held that a woman's right to control her own body was not subject to any state restriction on that right.

    C) In Roe v. Wade the Court held that the state had a legitimate governmental interest in the protection of potential life from the beginning of the pregnancy.

    D) Roe v. Wade was explicitly overruled by Planned Parenthood v. Casey (1992) but the right of a woman to secure an abortion still exists in a number of states that have not followed the lead of the Pennsylvania statute upheld by the Court.

    E) Both (A) and (C).

    F) Both (B) and (D).
    E) Both (A) and (C).
  76. Do the decisions in Lawrence v. Texas (2003) and U.S. v. Windsor (2013) make same-sex marriage inevitable?

    A) Yes, in that a majority of states have now made it legal, within those particular states, and in those states, at least, such marriages are legal.

    B) Yes, in that Justice Scalia thinks this to be the case, and in that Justice Kennedy, often a key "swing" vote, authored the opinions of the Court in both 
    Lawrence and Windsor.

    C) No, in that the Court has struck down The Defense of Marriage Act but in doing so has also held that states have the power to define marriage and therefore to decide whether or not to grant legal marital status to same-sex couples, regardless of their
    constitutional claims. This likely means that at least some states will choose to not grant
    such status to same-sex couples.

    D) Both (A) and (B).

    E) Both (B) and (C).

    F) All of the above.
    B) Yes, in that Justice Scalia thinks this to be the case, and in that Justice Kennedy, often a key "swing" vote, authored the opinions of the Court in both Lawrence and Windsor.
  77. Who is an "activist" judge?

    A)  Chief Justice Marshall, in Fletcher v. Peck
    (1810), because he based his decision,
    in part, on a provision not expressed in the text of the Constitution; i.e., the "contracts clause."

    B)  Justice Harlan, in Lochner v. N.Y. (1905),
    because he would have displaced the decision of the elected representatives of the people of the state of New York.

    C)  A member of the Court majority in Muller v. Oregon (1908), because the majority
    overruled recent precedent; i.e., Lochner.

    D)  A member of the Court majority in Brown v. Bd. of Educ'n (1954), because the
    majority displaced the decision of the elected representatives of the people of the state.

    E)  Both (A) and (D).

    F)  Both (B) and (C).
    D)  A member of the Court majority in Brown v. Bd. of Educ'n (1954), because themajority displaced the decision of the elected representatives of the people of the state.
  78. State powers were or would be vindicated (supported) by:

    A) The holding of Pennsylvania Coal Co. v. Mahon (1922).

    B) The holding of Ingraham v. Wright (paddling of students) (1977).

    C) The holding of Zablocki v. Redhail (marriage for "deadbeat dads") (1978).

    D) The doctrine of "liberty" as argued by George Will in his article, “More, not less, ‘judicial activism’ needed to preserve individual liberty.”

    E) The argument in favor of "activism" as argued by Will in Quiz #21.

    F) Both (A) and (D).
    B) The holding of Ingraham v. Wright (paddling of students) (1977).
  79. Which of the following statements is valid?

    A) The Constitutional text explicitly prohibits any state from denying any person within the jurisdiction either due process of law or equal protection of the laws.

    B) The constitutional text explicitly prohibits the national government from denying any person within the jurisdiction the equal protection of the laws.

    C) The constitutional text explicitly prohibits any state from impairing the obligations of contracts.

    D) The constitutional text explicitly prohibits the national government and the states from taking private property, even for a public use, unless just compensation is paid, but such prohibition applies to real property only (including air rights and sub-surface
    rights); not personal property.

    E) Both (A) and (D).

    B) Both (B) and (D).
    C) The constitutional text explicitly prohibits any state from impairing the obligations of contracts.
  80. Incorporated into 14th amendment
    • 1st
    • 4th
    • 5th
    • 6th
    • 8th
  81. Individual constitutional rights prevailed in
    • Lochner v. NY
    • Duncan v. Louisiana
    • Dred Scott v. Sandford
    • Skinner v. Oklahoma
    • Griswold v. Conn.
  82. Apodaca v. Oregon
    • 5 justices (only) stated that the right to a
    • unanimous jury verdict was part of the 6th amendment

    • 4 justices (only) stated that the right to a
    • unanimous jury verdict was a fundamental right applicable to the states pursuant to the 14th amendment
    •   
    • 8 justices (only) agreed that the 6th
    • amendment right to trial by jury was fundamental and must be applied in state
    • courts to the same extent and in the same way that it is applied in federal court, jot for jot, so that if the 6th amendment included the right to a unanimous jury so did the 14th amendment

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