Flashcards in Test 3 Deck (134)
According to United States v. Carolene Products Co. (1938), Justice Harlan Stone in Footnote #4 of his
majority opinion laid out three possible EXCEPTIONS to the rule that judges ought to presume government actions constitutional. He stated that the normal deference towards government should be curbed in favor of “more exacting judicial scrutiny” in all of the following cases EXCEPT
when legislation involves the commerce clause
Under the "strict scrutiny" test (upper tier), the burden of proof requires that the __________ show a _________ when laws interfered with fundamental rights or laws that use suspect classifications .
Government/ compelling interests for its actions
Which of the following Equal Protection Standards would the Court use when government seeks to
classify people on the basis of race, ethnicity or national origin?
Strict Scrutiny Test
Which of the following are now considered "inherently suspect" classifications subject to "strict judicial scrutiny" under the 14th Amendment's Equal Protection Clause?
2. gender (sex)
4. national origin
THE CORRECT COMBINATION IS:
1 & 4
Under the "two-tier approach" for determining when the Equal Protection Clause is violated, the
Supreme Court requires a state to show a "compelling interest" in order to justify their law or action when:
1) a fundamental right is threatened.
2) the state uses a " suspect classification" as the basis for treating people differently.
3) the state classifies according to gender.
4) the state makes classifications based upon the age of a person.
THE CORRECT COMBINATION IS:
1 and 2 only
According to the City of Richmond v. J.A. Croson Co. (1989), only permissible affirmative action
All of these requirements were set forth in the City of Richmond v. J.A. Croson Co. (1989) case
In Obergefell v. Hodges (2015), the Supreme Court declared that same sex couples had a right to marry due to
All of these are reasons the Court declared same sex marriage a protected right.
The Supreme Court had only applied strict scrutiny to indigency-based classification schemes when such schemes threatened
Both of these principles
Today, the 14th amendment equal protection clause interpretations have been settled and no longer
. In Korematsu v. United States (1944), Justice Hugo Black began the Court's opinion by setting out a
standard of "rigid scrutiny" for all racially based classifications in which
all legal restrictions which curtail the civil rights of a single racial group are
In Reed v. Reed (1971), the Supreme Court for the first time did all of the following except
use the strict scrutiny position to decide a sex discrimination case.
According to the Supreme Court, sex based classifications have recently received ______ level of scrutiny and the state (government) must demonstrate a ______ between its governmental objectives and the means it uses to achieve them.
In Regents of University of California v. Bakke (1978), affirmative action in higher education must
All of these are to be used by the government (state) when instituting affirmative
actions programs in higher education
In relationship to government (state) actions, the Supreme Court have asserted that judges exercise
_________ when ruling on legislation affecting age and disability.
Aging persons, persons with disabilities, the poor, and sexual orientation cases have not been
as supect classes and therefore have not recieved heightened scrutiny
John Barron lost his case in Barron v. Baltimore because:
The guarantees in the Bill of Rights did not apply to the states.
Why is Palko v. Connecticut a significant case?
The Supreme Court determined the process by which “fundamental” rights would be
applied to the states, known as selective incorporation.
Where in the Constitution do we find the Due Process Clause?
1. the Ninth Amendment
2. the Fourteenth Amendment 3. the Fifth Amendment
4. the Fourth Amendment
THE CORRECT COMBINATION IS:
2 and 3
The idea that the 14th Amendment's Due Process Clause contains liberties BEYOND those found in
the first eight amendments is known as
total incorporation plus
The first case to apply a portion of the Bill of Rights to the states was in which of the following cases
Chicago, Burlington, & Quincy Railroad Co v. Chicago (1886)
All of the following are true of the second amendment EXCEPT
After McDonald v. Chicago (2010), the Supreme Court declared any restrictions on
the right the bear arms as unconstitutional
The lone unincorporated portion of the 5th Amendment to NOT be incorporated is
Grand Jury Clause
Which of the following is the most true statement of the 8th amendment?
Both of these are true
All of the following are true of the right to privacy EXCEPT
According to the Supreme Court in Griswold v. Connecticut, the specific Bill of Rights
do NOT have penumbras in which the right to privacy are lurking
According to the ruling in Planned Parenthood v. Casey (1992), which of these limits on abortion is
Requiring that the spouse’s permission be obtained prior to an abortion
All of the following are considered fundamental rights by the Supreme Court although not
specifically enumerated in the Constitution EXCEPT
- Right to Freedom of the Press
Originally, the Bill of Rights only applied to the _____ government. However, the Supreme Court has
used the ______ to expand the Bill of Rights to the states.
All of the following are true of the Supreme Court ruling in Roe v. Wade (1973) EXCEPT
the Supreme Court said that the right to privacy was NOT founded in the concept of
personal liberty of the Due Process Clause of the 14th amendment
In Planned Parenthood v. Casey (1992), the Supreme Court abandoned the rigid trimester approach and fashioned a new _____ rule to determine whether states could regulate abortion consistent with the fundamental rights to privacy announced in Roe v. Wade (1973).