Conlaw exams and quizzes

Question 1

T/F) The P&I clause of 14A may be invoked by a United States citizen who is a resident of New York in a civil action brought by New York against that resident

Answer 1

True b/c you only have this when dealing with own state which you cannot apply article 4 against.

Question 2

T/F) The grand jury clause of 5A does not bind state governments.

Answer 2

True

Question 3

Carolene products footnote 4 leaves open possibility of judicial invalidation of legislation when laws violate what clause?

Answer 3

EP clause. This case laid groundwork for later cases reflecting heightened forms of scrutiny.

Question 4

T/F) According to CJ Alito in McDonald, SS is triggered whenever a lawsuit alleges gov. violation of a fundamental right.

Answer 4

False, SS is triggered when suspect class is involved.

Question 5

T/F) Per McDonald, when BORs provisions are deemed constitutionally binding on the states, they apply to the states in precisely the same way that they apply to the federal government.

Answer 5

True!

Question 6

5. The Slaughter-House majority
   a. Endorsed selective incorporation through the Due Process Clause of the Fourteenth Amendment.
   b. Distinguished between rights of state citizenship and rights of national citizenship.
   c. Allowed Louisianans to invoke the Privileges and Immunities Clause of Article IV against their own state.
   d. Declined to reach a decision on the merits, because the Constitution was suspended in Louisiana during Reconstruction.
   e. Overturned Barron v. Baltimore.

Answer 6

B. Distinguished between rights of state and federal citizenship.

Question 7

T/F) Strict scrutiny of governmental action burdening fundamental rights was NOT undertaken by SC majorities in McDonald v. City of Chicago, Lawrence v. Texas, or Obergefell v. Hodges.

Answer 7

True.

Question 8

When was 14A ratified?

Answer 8

1868

Question 9

According to CJ Scalia, to be recognized as enforceable right today, rights claims asserted under DP of 14A must….

Answer 9

Must have been judicially recognized in 1868 when 14A ratified.

Question 10

What case recognized right of sexual intimacy?

Answer 10

Lawrence v. TX

Question 11

Is there a right to gov. protection?

Answer 11

No. Town of castle rock v. gonzalez.

Question 12

This case assumes, without deciding, that there is an unwritten constitutional right to affirmatively refuse unwanted medical treatment.

Answer 12

Cruzan

Question 13

Is there a constitutional right to suicide?

Answer 13

No. [WA v. Glucksberg]

Question 14

T/F) In Dred Scott, the SC found that the Missouri Compromise was constitutional.

Answer 14

False. Court struck it down allowing slavery to continue in territories north of 36’ 30’ latitude lines.

Question 15

T/F) Dred Scot court determined that diversity J was not met because he was a slave, not a citzen.

Answer 15

True

Question 16

When alleging a violation of EP doctrine by FED gov.? Rely on what?

Answer 16

5A EP. [Boiling v. Sharpe R.I.]

Question 17

I.S. was unheard of until when?

Answer 17

1976 Craig v. Boren drinking case letting younger girls buy beer but not boys. CJ Brennan.

Question 18

T/F) Hypothetical justifications for governmental action not supported by the evidentiary record were considered by the Supreme Court applying rational basis review in Williamson v. Lee Optical.

Answer 18

True, early RBR case

Question 19

Which of the following Supreme Court justices has been most receptive to recognition of unwritten constitutional rights?
a. Justice Hugo Black.
b. Justice Clarence Thomas.
c. Justice Anthony Kennedy.
d. Justice Oliver Wendell Holmes.
e. Justice James Iredell.

Answer 19

Kennedy