Restrictions on Power Over Individuals

Question 1

What is an ex post facto law?

Answer 1

A law that retroactively changes the criminal law in a way that deprives an individual of a substantial right he previously had, for a punitive purpose

Question 2

Is the Seventh Amendment right to a jury trial applicable to the states through the Fourteenth Amendment Due Process Clause?

Answer 2

NO

Question 3

The ex post facto clause does not prevent

Answer 3

A procedural change making it less likely that the death sentence will be imposed

Question 4

Under the Contracts Clause, if state legislation substantially impairs a party’s rights under an existing contract, it will be valid only if it serves an important and legitimate public interest and is:

Answer 4

A reasonable and narrowly tailored means of promoting the public interest

Question 5

Is a government act that causes an injury to an individual’s reputation without a tangible loss considered a deprivation of liberty under the due process clause?

Answer 5

NO

Question 6

To adopt a valid law under the Enabling Clause of the Fourteenth Amendment, Congress must point to a history or pattern of state violation of rights already recognized by the courts and adopt legislation that is:

Answer 6

Congruent and proportional to solving the violation

Question 7

The Fourteenth Amendment prohibits __________ from depriving any person of life, liberty, or property without due process and equal protection of the law.

Answer 7

States.

Question 8

Will a government regulation authorizing permanent use of private property by the general public amount to a Fifth Amendment Taking?

Answer 8

YES

Question 9

The Fifteenth Amendment prohibits the __________ from denying the right to vote to any citizen on the basis of race.

Answer 9

States and the United States government

Question 10

For due process purposes, a person will be deemed to have a property interest in continuation of a government benefit if the person has __________.

Answer 10

a legitimate claim or entitlement to the benefit

Question 11

The Contracts Clause prohibits __________ from passing legislation that retroactively impairs contract rights.

Answer 11

States

Question 12

What is a bill of attainder?

Answer 12

A law that imposes punishment without a judicial trial on a person or persons who are specifically named or are identified by their past conduct

Question 13

Regarding a law adopted under the Enabling Clause of the Fourteenth Amendment,

Answer 13

The law must be at least congruent and proportional to preventing or remedying a state violation of rights already recognized by the courts

Question 14

When the government takes private property for public use, the remedy is measured as

Answer 14

The measure of damages is the loss the owner incurs, rather than the gain the taker receives.

Question 15

What Amendments apply to the states through the Due Process Clause of the Fourteenth Amendment?

Answer 15

The rights guaranteed by the First, Fourth, and Sixth Amendments

Question 16

The Fifteenth Amendment prohibits the states and the federal government from denying the right to vote to any citizen on the basis of race, but generally it is inapplicable to

Answer 16

private conduct.

Question 17

The importance of the individual interest, the value of specific safeguards to that interest, and the government’s interest in efficiency are factors considered when

Answer 17

determining the procedures required under the Due Process Clause when a person faces deprivation of a protected benefit

Question 18

When the government takes private property for public use, damages usually are measured by:

Answer 18

The fair market value of the property at the time of the taking

Question 19

If a state law retroactively impairs rights under an existing private contract what standard would the court probably apply in determining whether the legislation is valid under the Contract Clause?

Answer 19

The law must be reasonable and narrowly tailored to achieve an important and legitimate public interest

Question 20

To find an action unconstitutional, it is generally necessary to attribute that action to the state. Business activities may be attributed to the state if __________.

Answer 20

The government affirmatively facilitates the activities

Question 21

The Thirteenth Amendment prohibition of slavery applies to:

Answer 21

Both private and governmental action

Question 22

A procedural due process violation is most likely to be found where:

Answer 22

A judge with a personal financial interest in a case refuses to recuse himself

Question 23

A legislative act that imposes punishment without a judicial trial, on one or more individuals who either are specifically named or are identified by their past conduct, is called __________.

Answer 23

a bill of attainder