Deck 6: Constitutional Law

Question 1

The Fifth Amendment Due Process Clause is to the national government as the Fourteenth Amendment Due Process Clause is to the:

A) President.
B) Congress.
C) Judiciary.
D) States.
E) All of the above.

Answer 1

D

Question 2

According to Chief Justice Marshall in Marbury v. Madison, "it is emphatically the province and duty of the to say what the law is."

A) Executive branch.
B) Legislative branch.
C) Judicial branch.
D) States.
E) Administrators.

Answer 2

C

Question 3

The approach to federalism that portrays the two levels of government as antagonistic competitors for power is:

A) Picket-fence federalism.
B) Cooperative federalism.
C) Dual federalism.
D) Neo-federalism.
E) None of the above.

Answer 3

C

Question 4

Judicial review:

A) Is the exclusive right of the U.S. Supreme Court.
B) Is the power of a court to declare null and void acts of the government that are contrary to the Constitution.
C) Is not controversial.
D) Cannot be exercised by state courts.
E) None of the above.

Question 5

The definition of "a political system in which governmental powers are divided between a central government and regional and/or state governments" describes:

A) Separation of powers.
B) Sovereignty.
C) Anarchy.
D) Unitary system.
E) Federalism.

Question 6

The theory that the Supreme Court should decide on a case-by-case basis whether a particular provision of the U.S. Constitution should be applied to the states is:

A) Assimilation.
B) Engulfment.
C) Total incorporation.
D) Selective incorporation.
E) None of the above.

Question 7

The textbook characterizes the role of the Supreme Court in interpreting the Constitution as:

A) Evolutionary.
B) Limited by self-imposed rules.
C) Temporarily settling issues.
D) All of the above.
E) None of the above.

Question 8

Judges who tend to interject their own values into their interpretations of the law are practicing:

A) Judicial activism.
B) Judicial restraint.
C) Habeas corpus.
D) Strict construction.
E) Original intent.

Question 9

When you travel across state lines you do not have to obtain a new driver license in each state. What constitutional provision protects the recognition of "public acts, records, and judicial proceedings by every other state?"

A) Full Faith and Credit Clause of Article IV, § 1 of the U.S. Constitution.
B) Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution.
C) Article I of the Texas Constitution.
D) Supremacy Clause of U.S. Constitution.
E) None of the above.

Question 10

Which of the following identifies the concept which stresses the policies and procedures government must observe when depriving someone of life, liberty, and property?

A) Judicial process.
B) Inquisitorial process.
C) Due process.
D) All of the above.
E) None of the above.

Question 11

Which of the following does the judiciary consider in equal protection cases where government is treating people differently?

A) Nature of the classification such as suspect classification.
B) Whether the right involved is considered to be a fundamental right.
C) Character of the government's interest in reaching the goal such as compelling or reasonable.
D) All of the above.
E) None of the above.

Question 12

In Marbury v. Madison, Chief Justice Marshall argued that the Constitution:

A) Can be altered by the Legislature.
B) Is the supreme law of the land.
C) Is subordinated to the will of the states.
D) All of the above.
E) None of the above.

Question 13

The First Amendment's protection of freedom of speech:

A) Extends only to the expression of words and ideas.
B) Protects every form of expression.
C) Has never been limited by the Supreme Court.
D) Has never been applied against the states by the Supreme Court.
E) Extends to "symbolic speech" such as burning a flag.

Question 14

In Marbury v. Madison,

A) Marbury received the judicial appointment he was seeking.
B) Chief Justice Marshall denied that Marbury had any right to the judicial appointment.
C) The Supreme Court denied Marbury the mandamus he sought.
D) The Court held that there was no conflict between Article III and the Judiciary Act of 1789.
E) All of the above.

Question 15

The provisions of the Bill of Rights relating to search and seizure are found in:

A) The First Amendment.
B) The Fourth Amendment.
C) The Fifth Amendment.
D) The Sixth Amendment.
E) The Eighth Amendment.

Question 16

All persons are guaranteed "equal protection of the laws" by the:

A) Original wording of the Constitution.
B) Civil Rights Act of 1964.
C) 42 U.S.C. § 1983.
D) United Nations Charter.
E) Fourteenth Amendment.

Question 17

The theory of constitutional interpretation that is almost formula-like in its application; that is, that the judge should apply the facts to the fundamental principles and values incorporated by the Founding Fathers in the Constitution, is:

A) Intrepretivism.
B) Non-intrepretivism.
C) Original intent.
D) New federalism.
E) None of the above.

Question 18

The president's power to nominate Supreme Court justices is an example of:

A) Checks and balances.
B) Separation of powers.
C) Executive privilege.
D) Delegation.
E) All of the above.

Question 19

Discuss the concept of judicial review and its impact upon American jurisprudence.

Question 20

Discuss the case of Marbury v. Madison including, but not limited to, its facts and reasoning.

Question 21

Discuss Marbury v. Madison as a landmark decision of the Supreme Court. This should include a discussion of the empowerment of the federal judiciary through the case.

Question 22

Discuss equal protection including, but not limited to, its source, its limitations, and various tests that the court employs in these cases.

Question 23

Define, distinguish, and discuss the various theories about the interpretation of the Constitution.

Question 24

Identify the provisions of the Bill of Rights by amendment.

Question 25

Trace the development of the right to counsel and discuss the right.

Question 26

Discuss issues related to freedom of speech as an example of civil liberties.

Question 27

Discuss the case of Marbury v. Madison including, but not limited to, its facts and reasoning, and its role as a landmark decision.

Question 28

Discuss the institution of the United States Supreme Court including its organization, its culture, its jurisdiction, and its agenda.