Question 1

In _____, the Supreme Court held that businesses "clothed in the public interest" could be regulated by the states.

Accepted Answer

In Munn v. Illinois (1877), the Supreme Court held that businesses "clothed in the public interest" (such as transportation and storage facilities) could be regulated by the states. The Court upheld a law that regulated grain elevators and fixed maximum rates they could charge, arguing that the state had a legitimate interest in regulating a business that was essential to the public welfare.

Question 2

Dartmouth College v. Woodward involved ____.

Accepted Answer

Dartmouth College v. Woodward involved the contract clause, specifically whether or not the New Hampshire state legislature could amend the charter of Dartmouth College, which was granted as a private contract between the college and King George III of England. The Supreme Court ruled in favor of Dartmouth College, recognizing the sanctity of private contracts and limiting state power to impair them.

Question 3

The opinion of the Court in Charles River Bridge Co. v. Warren Bridge Co. was written by ____.

Accepted Answer

The opinion of the Court in Charles River Bridge Co. v. Warren Bridge Co. was written by Chief Justice Roger B. Taney.

Question 4

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

The decision in Charles River Bridge Co. v. Warren Bridge Co. was a blow to the Charles River Bridge Co. and its shareholders, as it allowed the construction of a competing bridge and ended their monopoly over the Charles River.

Question 5

The holding in Calder v. Bull stated that the Constitution's ban on ex post facto laws was limited to certain kinds of retroactive _____.

Accepted Answer

The holding in Calder v. Bull stated that the Constitution's ban on ex post facto laws was limited to certain kinds of retroactive criminal legislation.

Question 6

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

Accepted Answer

Justice Iredell stated that the "ideas of natural justice" are not regulated by any fixed standard, meaning they are subjective and vary depending on interpretation. He also did not mention that they are enforceable by the Supreme Court or followed by the most able jurists.

Question 7

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

Accepted Answer

The decision in Charles River Bridge Co. v. Warren Bridge Co. rejected the idea that the Constitution protected implied contracts, emphasizing a broader interpretation of public good over the protection of established monopolies or implied exclusive rights.

Question 8

Home Building & Loan Association v. Blaisdell involved a challenge to statute in ___.

Accepted Answer

Home Building & Loan Association v. Blaisdell involved a challenge to a statute in Minnesota.

Question 9

The majority opinion in Home Building & Loan Association v. Blaisdell was written by _____.

Accepted Answer

The majority opinion in Home Building & Loan Association v. Blaisdell was written by Chief Justice Charles Evans Hughes.

Question 10

In his speech in 1893, Justice David J. Brewer advocated ____.

Accepted Answer

In his speech in 1893, Justice David J. Brewer advocated for strengthening the judiciary, particularly its independence and ensuring its ability to interpret the constitution without interference from the other branches of government.

Question 11

In his article of 1893, Professor Thayer advocated ____.

Accepted Answer

Professor Thayer advocated for judicial restraint, which means that judges should exercise caution and avoid interfering in the political or legislative process.

Question 12

In Lochner v. New York, Justice Peckham spoke of _____.

Accepted Answer

In Lochner v. New York, Justice Peckham upheld the liberty of contract and struck down a law that regulated the working hours of bakers in New York. He argued that the law violated the Fourteenth Amendment's due process clause by interfering with the contractual freedom of individuals and businesses.

Question 13

Munn v. Illinois involved _____.

Accepted Answer

Munn v. Illinois involved grain warehouses. The Supreme Court upheld Illinois' right to regulate grain warehouses as a legitimate exercise of the state's police power. This case established the precedent that businesses and industries affecting the public interest can be subjected to government regulation.

Question 14

United States v. Carolene Products Co. involved _____.

Accepted Answer

United States v. Carolene Products Co. involved a milk product.

Question 15

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

Accepted Answer

The case of Charles River Bridge Co. v. Warren Bridge Co. was decided by the Supreme Court of the United States in 1837 and concerned a dispute between two bridge companies in Massachusetts.

Question 16

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 17

According to Justice Samuel Miller's opinion for the Court in the Slaughterhouse Cases, why did the New Orleans butchers fail to make a credible claim under the recently ratified Fourteenth Amendment?

Accepted Answer

The answer of According to Justice Samuel Miller's opinion for...

Question 18

For health reasons New York City has banned the serving of food containing high concentrations of corn-based sweeteners in restaurants within the city. Suppose that a group of restaurant owners files suit claiming that the new ordinance violates the due process clause of the Fourteenth Amendment. How would a U.S. Supreme Court justice approach such a case from the perspective of:
a. Chief Justice Morrison Waite's opinion of the Court in Munn v. Illinois;
b. Justice Stephen Field's dissent in Munn v. Illinois;
c. Professor James Bradley Thayer's 1893 Harvard Law Review article;
d. Justice Rufus Peckham's opinion of the Court in Lochner v. New York
e. Justice Hugo Black's opinion of the Court in Ferguson v. Skrupa.

Accepted Answer

The answer of For health reasons New York City has...

Question 19

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 20

Opinions filed in Lochner v. New York reveal different ways of judging state laws claimed to be in violation of the due process clause of the Fourteenth Amendment.
a. What approach is illustrated by Justice Peckham's opinion for the majority? Explain.
b. What approach is illustrated by the dissents of Justices Holmes and Harlan? Explain

Accepted Answer

The answer of Opinions filed in Lochner v. New York...

Quiz 9: Property Rights and the Development of Due Process