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Constitutional Law II

Directions: Circle or Check the correct letter for questions 1-30; and either True or False for questions 31-35.

1. Which of the following is not considered an Underlying Principle of the Constitution?

A. Separation of Powers/Checks and Balances

B. Taxation

C. Individual Rights and Liberties

D. Federalism

2. Which of the following is not considered a manner in which cases get to the Supreme Court?

A. Appeal

B. Rule 10

C. Writ Certiorari

D. Certification

3. Which of the following is not considered a method of Constitutional Interpretation?

A. Originalism

B. Textualism

C. Stare Decisis

D. Pragmatism

E. Structural Analysis

F. Polling Jurisdictions

F. Judicial Restraint

4. Ex parte McCardle (1869 appeal of a journalist held for trial before a military tribunal)

A. upheld the authority of Congress to alter the Supreme Court’s appellate jurisdiction

B. struck down the law removing the Supreme Court’s jurisdiction to hear McCardle’s appeal

C. held that habeas corpus rights could not be altered by Congress

D. upheld the constitutionality of criminal libel laws

5. Federal courts are explicitly given the power of judicial review by ______.

A. Article I of the Constitution, which describes the process of how laws are passed and repealed

B. Article III, which specifies the powers of the courts

C. the Supremacy Clause

D. the Eleventh Amendment

E. the Fourteenth Amendment

F. none of the above

6. What is the origin of the Supreme Court’s concept of justiciability? NOT SURE

A. Article III of the Constitution

B. The Judiciary Act of 1789

C. Marbury v. Madison

D. Eakin v. Raub not sure of this answer!!!!

7. The main function of the Judiciary Act of 1789 was to

A. establish lower federal courts

B. establish military tribunals

C. establish the Supreme Court’s original jurisdiction

D. establish how judges would be appointed to the federal bench

8. Which of the following is not a constraint on Judicial Power?

A. 27th Amendment

B. Ripeness

C. Justiciability

D. Mootness

9. “Standing to Sue” is considered

A. a constraint on Judicial Power

B. a feature of judicial activism

C. a principle that was highlighted in Marbury v. Madison

D. none of these

10. In Reynolds v. U.S., the Court outlawed

A. the “I am” religion

B. polygamy

C. the freedom of religion

D. the establishment of religion

11. In Wisconsin v. Yoder, the Court ruled that Amish children

A. must attend school after the 8th grade

B. cannot be compelled to attend school after 8th grade

C. must attend school after the 12th grade

D. cannot be compelled to attend school after 12th grade

12. Edwards v. Aguillard ruled that public school teachers

A. must give equal time to creationism in biology classes

B. must only teach creationism in biology classes

C. do not have to teach creationism in biology classes

D. do not have to teach evolution in biology classes

13. School-sponsored prayer before football games was ruled unconstitutional in

A. Edwards v Aguillard

B. School District of Abington Township v. Schempp

C. Lee v. Weisman

D. Santa Fe Independent School District v. Doe

14. The major change in the Court’s Establishment Clause cases ushered in by Walz v. Tax Commission of the City of New York was the

A. legitimate secular purpose of a law

B. primary effect of the law on religion

C. excessive entanglement of a law with religion

15. With the Religious Freedom Restoration Act, Congress

A. challenged the Supreme Court’s jurisdiction

B. made it easier for government agencies to impose restrictions on religious practices

C. required the Court to use the more stringent level of scrutiny as outlined in Sherbert v. Verner

D. overturned Employment Division, Department of Human Resources of Oregon v. Smith

16. County of Allegheny v. ACLU indicated that the Court

A. would analyze context when determining whether religious symbols can be displayed on public property

B. would not analyze context when determining whether religious symbols can be displayed on public property

C. would never allow religious displays on public property

D. would only allow religious displays on public property

17. The standard for ruling in religious establishment cases outlined by Chief Justice Burger (Lemon v. Kurtzman; Earley v, DiCenso is the

A. coercion test

B. nonpreferential treatment test

C. Lemon Test

D. endorsement approach

18. In Zelman, the Court upheld the Cleveland

A. school voucher program

B. open school program

C. free lunch program

D. none of the above

19. Hurtado v. California (1884) concerned NOT SURE

A. habeas corpus denial

B. right to a trial by jury

C. right to a grand jury hearing not sure of this answer!!!!

20. Chicago, Burlington & Quincy Railroad involved

A. eminent domain

B. privileges and immunities clause of the 14th Amendment

C. the 5th Amendments self-=incrimination guarantee

21. Palko v. Connecticut (1937) involved the principal issue of

A. double jeopardy

B. admissibility of a confession

C. a grand jury hearing

D. congressional overreach

22. Which of the following cases noted that “fundamental rights are the very essence of a scheme of ordered liberty and are rooted in the traditions and conscience of our people.’

A. Marbury v. Madison

B. Palko v. Connecticut

C. Hurtado v. California

D. Barron v. Baltimore

23. The Supreme Court incorporated the Second Amendment’s right to keep and bear arms and made it applicable to the states in the famous case

A. District of Columbia v. Heller

B. Duncan v. Louisiana

C. United States v. Miller

D. McDonald v. City of Chicago, Illinois

24. The so-called Belief-Action Distinction was outlined initially in

A. Twining v. New Jersey

B. Reynolds v. United States

C. United States v. Seeger

D. United States v. Ballard

25. The Cantwell v. Connecticut decision is credited with articulating

A. the valid secular polity test

B. the compelling state interest test

C. the belief/action dichotomy

26. Everson v. Board of Education incorporated

A. the free exercise clause of the First Amendment

B. the establishment clause of the First Amendment

C. the right to keep and bear arms of the Second Amendment

D. the just compensation requirement in the Fifth Amendment

27. In the School District of Abington Township v. Schempp case, the Court held that

A. the State had to neutral in its relations with groups of believers and non-believers

B. the Valid Secular Policy Test was required

C. the RFRA was unconstitutional

28. Which of the following is not one of the tests discussed in the Lemon v. Kurtzman case?

A. the statute must have a valid secular legislative purpose

B. the statute’s primary effect must be one that neither advances nor inhibits religion

C. the statute must not foster an excessive entanglement with religion

D. the state must demonstrate a compelling state interest

29. Which of the following is the basis for the holding in Edwards v. Aguillard?

A. the principle of neutrality was not followed

B. the first prong of the Lemon test was violated

C. the state had a compelling interest to require the inclusion of creation science

30. The concept of Selective Incorporation is first enunciated in

A. the Slaughterhouse cases

B. Barron v. Baltimore

C. Hurtado v. California

31. The Court in Zorach v. Clauson (1952) held that a release time program (students attending public schools were released during the school day so that they could leave the school buildings and school grounds and go to religious centers for religious instruction or devotional exercises) would not violate either the free exercise clause or the establishment clause.


32. The key question in Zelman v. Simmons-Harris was do voucher programs that allow parents to use state money to pay tuition at religious schools violate the free exercise clause.


33. Barron v. Baltimore (1833) declared that the 5th Amendment was applicable to the States


34. Congress has the power to change the Supreme Court’s appellate jurisdiction?


35. The 14th Amendment’s Privileges and Immunities Clause and the Equal Protection Clause totally incorporated (absorbed) the Bill of Rights– making them applicable to the states.



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