Question 1

Dartmouth College v. Woodward involved ____.

Accepted Answer

A)  the due process clause 
B)  the commerce clause 
C)  the contract clause 
D)  presidential power

Question 2

In his dissenting opinion in the Slaughterhouse Cases (1873), Justice Field insisted that had the majority adopted his interpretation of the privileges and immunities clause, the "inhibitions" of the recently ratified Fourteenth Amendment would have "a profound and significant consequence." Explain.

Accepted Answer

The answer of In his dissenting opinion in the Slaughterhouse...

Question 3

The decision in Charles River Bridge Co. v. Warren Bridge Co. rejected the idea that the Constitution protected _____.

Accepted Answer

A)  implied contracts 
B)  paper money 
C)  federal contracts 
D)  state contracts

Question 4

In his article of 1893, Professor Thayer advocated ____.

Accepted Answer

A)  judicial activism 
B)  selection of judges who walk in the shoes of lawmakers 
C)  more efficient courts 
D)  judicial restraint

Question 5

Munn v. Illinois involved _____.

Accepted Answer

A)  butchers 
B)  grain warehouses 
C)  hotel workers 
D)  bakery employees

Question 6

As a result of the decision in Charles River Bridge Co. v. Warren Bridge Co. shareholders of the Charles River Bridge Co. were jubilant. ____

Accepted Answer

A) True 
 B)False

Question 7

The setting for Charles River Bridge Co. v. Warren Bridge Co. was _____.

Accepted Answer

A)  Ohio 
B)  New York 
C)  Massachusetts 
D)  Illinois

Question 8

United States v. Carolene Products Co. involved _____.

Accepted Answer

A)  a milk product 
B)  a textile product 
C)  an automotive product 
D)  a petroleum product

Question 9

In what ways does Calder v. Bull anticipate both Marbury v. Madison and Cohens v. Virginia that were decided some years after Calder v. Bull? Explain. Be sure that your essay demonstrates a full understanding of both Calder and Cohens.

Accepted Answer

The answer of In what ways does Calder v. Bull...

Question 10

Chief Justice Waite (in Munn v. Illinois, 1877) and Justice Peckham (in Lochner v. New York, 1905) had very different views regarding (1) the Fourteenth Amendment's due process clause, and (2) the Court's role in American government. Explain.

Accepted Answer

The answer of Chief Justice Waite (in Munn v. Illinois,...

Question 11

Suppose Waite and Peckham had been on the Supreme Court that decided Nollan v. California Coastal Commission as well as Kelo v. City of New London. How would Waite and Peckham have probably voted in each of these contemporary cases? Why? (Make sure that your essay demonstrates an understanding of both Nollan and Kelo.)

Accepted Answer

The answer of Suppose Waite and Peckham had been on...

Question 12

According to Justice Iredell in Calder v. Bull, the "ideas of natural justice" are______.

Accepted Answer

A)  regulated by no fixed standard 
B)  enforceable by the Supreme Court 
C)  are followed by the most able jurists 
D)  none of the above

Exam 9: Property Rights and the Development of Due Process