Con Law 2 Final

Question 1

True or false - The drafters of the Declaration of Independence used the Magna Carta as a model for petitioning one’s government for their God-given rights to life, liberty, and the pursuit of happiness.

Answer 1

True

Question 2

True or False- The U.S. constitution 1787 was the first and only document that was enacted to form the structure of the federal government in what is known as the United States of America.

Answer 2

False

Question 3

True or False “We the people…” the first three words of the preamble of the constitution describes the essence of the idea of popular sovereignty

Answer 3

True

Question 4

True or false? The federal government is composed of three co-equal branches of government that include the executive, judicaial, and administrative branches.

Answer 4

False

Question 5

True or false? When determining if a law is constitutional the supreme court will ALWAYS look to see if the law is intended to serve a compelling governmental interest and is narrowly tailored towards achieving the goal

Answer 5

False

Question 6

True or false? Under the due process clause, a full pre termination hearing, that takes form of a trial, is always required when the government is attempting to take away someone’s property or liberty interests.

Answer 6

False

Question 7

True or false? Generally speaking, procedural due process requires the government to give notice of the actions they are going to take and the reason behind those actions and an opportunity to be heard.

Answer 7

True

Question 8

True or false? The U.S. Constitution contains UNENUMERATED right that are clearly written in the Bill of Rights

Answer 8

False

Question 9

True or false? The 14th amendment’s due process clause only applies to the federal government

Answer 9

False

Question 10

True or False? Every case that is heard by the U.S. supreme court undergoes a rational basis review where the court determines if the government has a legitimate interest in the law or policy and that it is reasonably or rationally linked to that interest

Answer 10

False

Question 11

True or False? The concept of substantive due process is EXPLICITLY mentioned in the text of the U.S. Constitution

Answer 11

False

Question 12

True or False? The supreme court currently has eleven serving supreme court justices including chief justice Ginsburg

Answer 12

False

Question 13

True or False? The United States governmental structure is known as a direct or pure democracy

Answer 13

False

Question 14

True or False? The founding fathers of the United States looked at the french revolution as the inspiration in drafting the declaration of independence.

Answer 14

False

Question 15

True or False? The only property interest that is protected under the due process clause is property interest that are created by the government themselves.

Answer 15

False

Question 16

True or False? In Roe vs. Wade the supreme court took the extraordinary step of overturning its prior precedent and declaring that the federal government DOES NOT have the authority to regulate abortions

Answer 16

False

Question 17

True or False? The Due Process Clause(s) are founded in the 5th and 13th amendments to the U.S. Constitution

Answer 17

False

Question 18

True or False ? The U.S. Constitution explicitly mentions a right to personal privacy

Answer 18

False

Question 19

True or False? The U.S. Constitution formed a weak federal government and therefore it was replaced by the articles of Confederation, that we use today, which formed a stronger federal government

Answer 19

False

Question 20

True or False? The constitutional principle of Checks and Balances requires that congress pass a balanced budget and the president approve check printed by U.S. Treasury

Answer 20

False

Question 21

Which branch of the U.S. government is responsible for interpreting laws and ensuring they comply with the constitution

Answer 21

Judicial Branch

Question 22

How many judges currently serve on the United States Supreme court

Answer 22

9

Question 23

The due process clause are found in what amendments

Answer 23

The 5th and the 14th

Question 24

what federal branch of government creates the laws

Answer 24

Legislative

Question 25

The due process clauses prohibit the government from depriving individuals of their WHAT without due process of law

Answer 25

Life, Liberty, or property

Question 26

The Supreme court uses the following three levels of scrutiny to evaluate if challeneged laws are constitutional

Answer 26

Strict Scrutiny, Intermediate Scrutiny, and Rational Basis Review

Question 27

The president has the ability to initially reject any legislation passed by congress during a brief period of time. This power is known as

Answer 27

The presidential veto power

Question 28

The number of members of the U.S. House of representatives is determined by

Answer 28

The U.S. Census

Question 29

The 10th Amendment provided that "[t]he powers not delegated to the United States by the constitution, nor prohibited by it to the states, are reserved to the states respectively, or the people". This is an examaple of what constitutional principle

Answer 29

Federalism

Question 30

The highest level of supreme court judicial review is

Answer 30

Strict Scrutiny

Question 31

Fundamental rights are those that are implicit in the concept of

Answer 31

ordered liberty

Question 32

Generally speaking, by placing equal power in each branch of government the constitution created three co-equal branches of government. This constitutional principle is known as

Answer 32

Separation of powers

Question 33

in Roe vs. Wade, the court outlined that a women had a constitutional right to an abortion. The court found that the due process clause included a liberty interest wherre a woman had a right to WHAT

Answer 33

Right to privacy

Question 34

Generally, provedural due process requires WHAT and the opportunity to be WHAT

Answer 34

NOTICED and the opportunity to be HEARD

Question 35

The language of this clause cannot fairly be extended Jurisprudence recognizes that the due process clause generally confers no WHAT... even when such aid might be necessary to secure life, liberty, or property interest of which the gov. Itself count not deprive individuals.

Answer 35

affirmative right to governmental aid

Question 36

there is no affirmative duty of the state to act to protect individuals from deprivation of their life, liberty, or property by other citizens unless those citizens are prisoners held in custody against their will by the state

Answer 36

substantive due process principles

Question 37

Right to Die

Answer 37

Dedhaney v. Winnebago County Dept. of Social Services

Question 38

Death

Answer 38

Cruzan v. Director, Missouri Dep’t of Health

Question 39

True or False? You don't have an absolute right to die, and the state doesn’t have the right to help you die

Answer 39

True

Question 40

Mississippi and South Carolina enacted the first WHAT... / Mississippi’s laws required black people to have written evidence of employment for the coming year each January

Answer 40

Black codes

Question 41

Carolene products is a type of group

Answer 41

Weather prejudice against discrete and insular minorities may be special conditions, which tends seriously to crucial the operation of those political processes ordinarily to be relied upon to protect minorities searching for judicial inquiry

Question 42

ANY race-based case is under what scrutiny

Answer 42

Strict scrutiny

Question 43

BONUS QUESTION - He contended that sex, like race and national origin, is an WHAT AND WHAT determined solely by birth.

Answer 43

Immutable Characteristics Meaning (Unchangeable)