Deck 6: Constitutional Law

Question 1

As originally drafted, the U.S. Constitution consisted of:

A) seven articles.
B) seven articles and the bill of rights.
C) only a preamble.
D) seven articles and twenty-seven amendments.

Answer 1

A

Question 2

Criminal and civil court processes are government primarily by:

A) procedural due process.
B) substantive due process.
C) state law only.
D) None of the above

Answer 2

A

Question 3

The clause in the U.S. Constitution that states that the Constitution "shall be the supreme law of the land" is called:

A) the Supremacy Clause.
B) the Equal Protection Clause.
C) the Commerce Clause.
D) the Due Process Clause.

Answer 3

A

Question 4

Which of the following types of speech is not protected by the Constitution?

A) Political speech
B) Advertising
C) Obscene material
D) None of the above; they are all protected

Question 5

The Supreme Court ruled in Baker v. Carr that when apportionment of voting districts is disproportionate, the Equal Protect Clause is violated. This became known as:

A) the doctrine of checks and balances.
B) disproportionate voting.
C) one man-one vote rule.
D) None of the above

Question 6

In Baker v. Carr, the U.S. Supreme Court held that the creation of voting districts violates which clause of the U.S. Constitution if the voting districts are created without any reasonable or logical formula which results in discrimination against any group?

A) Supremacy Clause
B) First Amendment
C) Equal Protection Clause
D) Due Process Clause

Question 7

What is the name of the U.S. Supreme Court case decided in 2000 that held that recount procedures in an election must be standard from district to district or the procedures violate the Equal Protection Clause?

A) Mapp v. Ohio
B) Bush v. Gore
C) Miranda v. Arizona
D) Baker v. Carr

Question 8

Which provision in the U.S. Constitution gives Congress the power to "lay and collect taxes?"

A) Article I section 8
B) 16th Amendment
C) Commerce Clause
D) Supremacy Clause

Question 9

What is the general power of the executive branch of government?

A) Make laws
B) Interpret laws
C) Enforce laws
D) All of the above

Question 10

State support for religious schools:

A) is allowable as long as the money is not used for religious purposes.
B) is unconstitutional because of the entanglement of church and state.
C) is unconstitutional because it violates the Free Exercise Clause.
D) Both b and c

Question 11

Which article of the U.S. Constitution sets forth powers of the U.S. Supreme Court and lists the types of cases it can hear?

A) Article I
B) Article II
C) Article III
D) Article IV

Question 12

Which right is not protected by the First Amendment?

A) Freedom of religion
B) Freedom of press
C) Freedom of assembly
D) Freedom from unreasonable searches

Question 13

What is the name of the U.S. Supreme Court case that upheld the individual mandate requirement in the Patient Protection and Affordable Health Care Act under the taxing power?

A) Marbury v. Madison
B) National Federation of Independent Businesses v. Sebelius
C) Mapp v. Ohio
D) Regents v. Bakke

Question 14

The Incorporation Doctrine:

A) is another phrase for checks and balances.
B) refers to the application of the Bill of Rights to the states.
C) is derived from an interpretation of the 14th Amendment.
D) Both b and c

Question 15

The power of judicial review:

A) is part of the system of separation of powers.
B) was first recognized in the case of Marbury v. Madison.
C) is expressly found in the original articles of the Constitution.
D) was first recognized in the case of Brown v. Board. of Education.

Question 16

The statement, "We hold these truths to be self-evident, that all men are created equal," is found:

A) in the original Constitution.
B) in the Equal Protection Clause of the 14th Amendment.
C) in the Preamble to the Constitution.
D) in the Declaration of Independence.

Question 17

How many amendments have been added to the U.S. Constitution?

A) 10
B) 26
C) 27
D) 28

Question 18

The Equal Protection Clause:

A) has always been held to prohibit the practice of separate but equal.
B) prohibits a school from considering race in its admissions policies.
C) is found in the 14th Amendment.
D) All of the above

Question 19

What is the general power of the legislature?

A) Make laws
B) Interpret laws
C) Enforce laws
D) All of the above

Question 20

What is the name of the U.S. Supreme Court case decided in 1973 that held that a state law banning abortion was unconstitutional because it violated the right to privacy implied in the Fourteenth Amendment?

A) Gideon v.Wainwright
B) Lawrence v. Texas
C) Baker v. Carr
D) Roe v. Wade

Question 21

The original U.S. Constitution drafted in 1787 and ratified by the states in 1789 included a Bill of Rights.

Question 22

The right to privacy stems from the Due Process Clause.

Question 23

The Due Process Clause is found in both the Fifth and Fourteenth Amendments.

Question 24

The First Amendment prohibits the government from making laws respecting both the establishment of religion and the free exercise of religion.

Question 25

The power of judicial review gives the courts the right to review legislative enactments and to determine if any law is inconsistent with the Constitution.

Question 26

The Bill of Rights consists of the first ten amendments to the U.S. Constitution.

Question 27

The Civil Rights Act of 1964 was enacted pursuant to congressional power under the Interstate Commerce Clause.

Question 28

In Baker v. Carr, the U.S. Supreme Court held that the creation of voting districts violates the First Amendment if the voting districts are created without any reasonable or logical formula that results in discrimination against any group.

Question 29

In Marbury v. Madison, the U.S. Supreme Court held that the Supreme Court has the power to review statutory law to determine if it is constitutional.

Question 30

The doctrine of separation of powers refers to the power of the courts to determine the constitutionality of statutory law.

Question 31

Constitutional law is found both in the Constitution itself and in Supreme Court case law interpreting the Constitution.

Question 32

Freedom of speech protects only political speech; it does not include speech such as advertising.

Question 33

The U.S. Constitution gives all legislative and judicial powers to the executive branch.

Question 34

In Bush v. Gore (2000), the U.S. Supreme Court found that the recount process violated the Equal Protection Clause when different criteria were used for determining if a vote counted.

Question 35

The Establishment Clause of the First Amendment limits the government's power to interfere with a person's practice of his or her religion.

Question 36

Constitutional law comes from the text of the U.S. Constitution and the numerous decisions of the U.S. Supreme Court interpreting the document.

Question 37

The original U.S. Constitution ratified in 1789 included the power to impose an individual income.

Question 38

The Free Exercise Clause requires states to allow individuals to use peyote during religious ceremonies.

Question 39

The U.S. Supreme Court upheld the individual mandate in the Patient Protection and Affordable Health Care Act in National Federation of Independent Businesses v. Sebelius as a tax hike on certain taxpayers who do not have health insurance based on the power of Congress to tax.

Question 40

The most important amendment in the development of civil rights legislation limiting discrimination by the states is the Fourteenth Amendment.

Question 41

The clause in the Constitution that makes the Constitution the supreme law of the land is known as the Supremacy Clause.

Question 42

The _____ Clause in the First Amendment prohibits government from enacting any law that results in the establishment of a religion.

Question 43

In Bush v. Gore (2000), the U.S. Supreme Court found that the recount process violated the Equal Protection Clause found in the ______ Amendment when different criteria were used for determining if a vote counted.

Question 44

What is the difference between the Establishment Clause and the Free Exercise Clause?

Question 45

Article III section 2 of the U.S. Constitution limits the power of the federal judiciary to cases or _____.

Question 46

In Griswold v. Connecticut, the U.S. Supreme Court recognized that a right of privacy exists under the "_____ of rights" implied in the Constitution.

Question 47

In the landmark case of ____ decided in 1803, the U.S. Supreme Court ruled that it had the power to interpret the Constitution.

Question 48

Which right found in the First Amendment to the U.S. Constitution is most important to you personally? Why?

Question 49

Why is judicial review important?

Question 50

The constitutional doctrine that each of the three branches of government has separate and distinct powers is known as _______.

Question 51

The U.S. Supreme Court case National Federation of Independent Businesses v. Sebelius
upheld the individual mandate requirement in the Patient Protection and Affordable Health Care Act based on the power of Congress to impose _____.

Question 52

What did the U.S. Supreme Court decide in Griswold v. Connecticut (1965)?

Question 53

Which U.S. Supreme Court case do you think has had the most impact on society? Explain your reasoning.

Question 54

Congress has enacted several civil rights laws based on the Interstate ____Clause making the laws applicable to anyone involved in interstate commerce.

Question 55

The doctrine that specific rights expressed in the Bill of Rights are included in the concept of due process under the Fourteenth Amendment and thereby made applicable to the states is known as the _____ doctrine.

Question 56

The first ten amendments to the U.S. Constitution are known as the ______.