Question 1

What is your reaction to the Obergefell v. Hodges decision? Explain your position.

Accepted Answer

As an individual, my reaction to the Obergefell v. Hodges decision, which legalized same-sex marriage in the United States, is one of support and celebration. I believe that love is love, and everyone should have the right to marry the person they love, regardless of their gender. This decision was a significant step towards achieving equality and civil rights for the LGBTQ+ community, and I fully support and celebrate the recognition of same-sex marriage.

From a legal and constitutional perspective, I believe that the Obergefell v. Hodges decision was the right decision. The Equal Protection Clause of the Fourteenth Amendment guarantees that no state shall deny any person within its jurisdiction the equal protection of the laws. Denying same-sex couples the right to marry was a form of discrimination that violated this constitutional principle. The Supreme Court's decision to legalize same-sex marriage nationwide was a necessary step to ensure that all individuals have equal rights under the law.

Furthermore, from a moral and ethical standpoint, I believe that it is unjust to deny same-sex couples the right to marry. Marriage is a fundamental human right and a deeply personal choice, and it is not the government's place to dictate who can and cannot marry based on their sexual orientation. All individuals deserve to have their relationships and families recognized and respected by the law.

In summary, my reaction to the Obergefell v. Hodges decision is one of support and celebration. I believe that the legalization of same-sex marriage was a necessary and just decision from both a legal and moral standpoint, and I am hopeful that it will continue to contribute to progress towards equality and acceptance for the LGBTQ+ community.

Question 2

What case marks the "Switch in Time That Saved Nine?"

Accepted Answer

A)   West Coast Hotel v. Parrish
B)   Lochner v. New York
C)   Fletcher v. Peck
D)   Agins v. Tiburon A

Question 3

In Lawrence v. Texas, the U.S. Supreme Court struck down a state law banning same-sex ________.

Accepted Answer

sodomy

Question 4

In Obergefell v. Hodges (2015) where the court ruled that state bans on same-sex marriage were unconstitutional, the U.S. Supreme Court based its decision on both the Due Process Clause and the Equal Protection Clause.

Accepted Answer

A) True 
 B)False

Question 5

The Court's theory of "liberty of contract" was developed during what era of the Court?

Accepted Answer

A)   Economic freedom era
B)   Dark era
C)   Laissez Faire era
D)   The Roosevelt Court era

Question 6

Match the term its description .
-contract clause

Accepted Answer

A)   a legal standard used to review restrictions on abortion for their constitutionality
B)   a phrase frequently offered by the Court as the standard for assessing whether a particular human activity will be included as a "liberty interest" under the Due Process Clause
C)   constitutional balancing test that requires the government to show that its infringement upon a fundamental right is necessary (or narrowly tailored)  to serve a compelling governmental interest
D)   a constitutional right of the highest order and one to which utmost constitutional protection is applied, including strict scrutiny protection
E)   a provision in Article I, Section 10, of the Constitution that provides that states cannot impair the obligations of contractsF)  an approach to interpreting the Constitution that strictly construes the explicit words of the Constitution to determine whether a particular right is protectedG)  a legal document in which a person provides instructions for medical treatment (or the lack thereof)  in cases where the person becomes incapacitated

Question 7

What did the U.S. Supreme Court decide in Gonzales v. Carhart (2007)?

Accepted Answer

The answer of What did the U.S. Supreme Court decide...

Question 8

Match the term its description .
-original intent

Accepted Answer

A)   an approach to interpreting the Constitution that is similar to original intent, except that it seeks to determine what the legal culture understood (as opposed to what the drafters intended)  under the provision when it was originally written
B)   the requirement that government treat persons fairly while it attempts to interfere with their liberty interests and concerned with how the government processes and safeguards individuals and their claims
C)   concerns the type or substance of behavior that is included as a "liberty" under the due process clause
D)   a legal standard used by the Court to assess Fourth Amendment rights against unreasonable searches and seizures
E)   a liberty interest under the Fourteenth Amendment Due Process Clause as determined by the U.S. Supreme Court during the latter part of the nineteenth century and early part of the twentieth centuryF)  a provision found in the Fifth Amendment that states that government cannot take private property for public use without just compensationG)  an approach to interpreting the Constitution that uses historical analysis to assess what the authors of the Constitution meant or intended by a particular term or provision, including the term liberty within the Due Process ClauseH)  a provision found in both the Fifth and Fourteenth Amendments that requires government not to deny life, liberty, or property without due process of law

Question 9

Each of the following cases involves a dispute surrounding the contract clause EXCEPT:

Accepted Answer

A)   Fletcher v. Peck.
B)   Trustees of Dartmouth College v. Woodward.
C)   Kelo v. City of New London.
D)   Home Building & Loan Association v. Blaisdell.

Question 10

Which case does NOT involve abortion regulations?

Accepted Answer

A)   Bigelow v. Virginia
B)   Bellotti v. Baird
C)   Harris v. McRae
D)   Gonzales v. Oregon

Question 11

In Lawrence v. Texas, the U.S. Supreme Court reversed its decision in Bowers v. Hardwick based on interpretation of the Fourteenth Amendment Due Process Clause.

Accepted Answer

A) True 
 B)False

Question 12

Match the term its description .
-living will

Accepted Answer

A)   a legal standard used to review restrictions on abortion for their constitutionality
B)   a phrase frequently offered by the Court as the standard for assessing whether a particular human activity will be included as a "liberty interest" under the Due Process Clause
C)   constitutional balancing test that requires the government to show that its infringement upon a fundamental right is necessary (or narrowly tailored)  to serve a compelling governmental interest
D)   a constitutional right of the highest order and one to which utmost constitutional protection is applied, including strict scrutiny protection
E)   a provision in Article I, Section 10, of the Constitution that provides that states cannot impair the obligations of contractsF)  an approach to interpreting the Constitution that strictly construes the explicit words of the Constitution to determine whether a particular right is protectedG)  a legal document in which a person provides instructions for medical treatment (or the lack thereof)  in cases where the person becomes incapacitated

Question 13

In Planned Parenthood of Southern Pennsylvania v. Casey (1992), the U.S. Supreme Court moved away from the trimester-based approach adopted in Roe v. Wade and began using framework that divided pregnancy into two stages--previability and postviability.

Accepted Answer

A) True 
 B)False

Question 14

Which case addresses so-called partial-birth abortions?

Accepted Answer

A)   Gonzalez v. Carhart
B)   Webster v. Reproductive Health Services
C)   Rust v. Sullivan
D)   Planned Parenthood v. Casey

Question 15

Match the term its description .
-liberty of contract

Accepted Answer

A)   an approach to interpreting the Constitution that is similar to original intent, except that it seeks to determine what the legal culture understood (as opposed to what the drafters intended)  under the provision when it was originally written
B)   the requirement that government treat persons fairly while it attempts to interfere with their liberty interests and concerned with how the government processes and safeguards individuals and their claims
C)   concerns the type or substance of behavior that is included as a "liberty" under the due process clause
D)   a legal standard used by the Court to assess Fourth Amendment rights against unreasonable searches and seizures
E)   a liberty interest under the Fourteenth Amendment Due Process Clause as determined by the U.S. Supreme Court during the latter part of the nineteenth century and early part of the twentieth centuryF)  a provision found in the Fifth Amendment that states that government cannot take private property for public use without just compensationG)  an approach to interpreting the Constitution that uses historical analysis to assess what the authors of the Constitution meant or intended by a particular term or provision, including the term liberty within the Due Process ClauseH)  a provision found in both the Fifth and Fourteenth Amendments that requires government not to deny life, liberty, or property without due process of law

Question 16

Which case recognized a constitutional right to privacy?

Accepted Answer

A)   Bowers v. Hardwick
B)   Griswold v. Connecticut
C)   Glucksberg v. Washington
D)   Lochner v. New York

Question 17

What form of constitutional scrutiny requires the government to show that its intrusion is necessary (or narrowly tailored) to meet a compelling governmental interest?

Accepted Answer

A)   rational basis
B)   undue burden
C)   strict scrutiny
D)   necessary and proper

Question 18

What was the basis for the U.S. Supreme Court decision in Obergefell v. Hodges?

Accepted Answer

The answer of What was the basis for the U.S....

Question 19

What term is used to describe the ability of government to take private property for public use under the Fifth Amendment?

Accepted Answer

A)   Confiscation
B)   Seizure
C)   eminent domain
D)   quarantine

Question 20

Match the term its description .
-substantive due process

Accepted Answer

A)   an approach to interpreting the Constitution that is similar to original intent, except that it seeks to determine what the legal culture understood (as opposed to what the drafters intended)  under the provision when it was originally written
B)   the requirement that government treat persons fairly while it attempts to interfere with their liberty interests and concerned with how the government processes and safeguards individuals and their claims
C)   concerns the type or substance of behavior that is included as a "liberty" under the due process clause
D)   a legal standard used by the Court to assess Fourth Amendment rights against unreasonable searches and seizures
E)   a liberty interest under the Fourteenth Amendment Due Process Clause as determined by the U.S. Supreme Court during the latter part of the nineteenth century and early part of the twentieth centuryF)  a provision found in the Fifth Amendment that states that government cannot take private property for public use without just compensationG)  an approach to interpreting the Constitution that uses historical analysis to assess what the authors of the Constitution meant or intended by a particular term or provision, including the term liberty within the Due Process ClauseH)  a provision found in both the Fifth and Fourteenth Amendments that requires government not to deny life, liberty, or property without due process of law

Exam 11: Substantive Due Process: Privacy, Personal Autonomy, and Other Liberties

What is your reaction to the Obergefell v. Hodges decision? Explain your position.

What case marks the "Switch in Time That Saved Nine?"

In Lawrence v. Texas, the U.S. Supreme Court struck down a state law banning same-sex ________.

In Obergefell v. Hodges (2015) where the court ruled that state bans on same-sex marriage were unconstitutional, the U.S. Supreme Court based its decision on both the Due Process Clause and the Equal Protection Clause.

The Court's theory of "liberty of contract" was developed during what era of the Court?

Match the term its description . -contract clause

What did the U.S. Supreme Court decide in Gonzales v. Carhart (2007)?

Match the term its description . -original intent

Each of the following cases involves a dispute surrounding the contract clause EXCEPT:

Which case does NOT involve abortion regulations?

In Lawrence v. Texas, the U.S. Supreme Court reversed its decision in Bowers v. Hardwick based on interpretation of the Fourteenth Amendment Due Process Clause.

Match the term its description . -living will

In Planned Parenthood of Southern Pennsylvania v. Casey (1992), the U.S. Supreme Court moved away from the trimester-based approach adopted in Roe v. Wade and began using framework that divided pregnancy into two stages--previability and postviability.

Which case addresses so-called partial-birth abortions?

Match the term its description . -liberty of contract

Which case recognized a constitutional right to privacy?

What form of constitutional scrutiny requires the government to show that its intrusion is necessary (or narrowly tailored) to meet a compelling governmental interest?

What was the basis for the U.S. Supreme Court decision in Obergefell v. Hodges?

What term is used to describe the ability of government to take private property for public use under the Fifth Amendment?

Match the term its description . -substantive due process