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| 1 | |
Chief Justice John Marshall, who believes that judicial review is a legitimate power of U.S. courts, delivered the opinion of the Court in the case of Marbury v. Madison, in which the applicant was seeking his commission as: |
| | A) | tax assessor. |
| | B) | postmaster. |
| | C) | circuit judge. |
| | D) | justice of the peace. |
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| 2 | |
Pennsylvania Supreme Court Justice John B. Gibson, who does not believe that judicial review is a legitimate power of U.S. courts, makes reference to the words of Sir William Blackstone, who once asserted that sovereignty and legislative power are: |
| | A) | convertible terms. |
| | B) | the cornerstones of civilization. |
| | C) | treacherous bedfellows. |
| | D) | the playthings of a young democracy. |
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| 3 | |
Chief Justice Earl Warren, who believes that U.S. Supreme Court decisions become the supreme law of the land and binding precedents for future cases, points out that the record before the Court (in Cooper v. Aaron) clearly establishes that the growth of the Little Rock District School Board's difficulties "to a magnitude beyond its unaided power to control" is the product of: |
| | A) | the Board's rejection of Brown v. Board of Education. |
| | B) | racially charged gang activity. |
| | C) | state action. |
| | D) | a conspiracy of parents. |
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| 4 | |
Edwin Meese III, who does not believe that U.S. Supreme Court decisions become the supreme law of the land and binding precedents for future cases, perceives a fundamental truth about our Constitution in these words: "We are in bondage to the law in order that we may be free," spoken by: |
| | A) | Thomas Jefferson. |
| | B) | Cicero. |
| | C) | Saint Paul. |
| | D) | Henry David Thoreau. |
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| 5 | |
When Justice Hugo L. Black, who believes that the U.S. Supreme Court has the power to determine the constitutionality of presidential actions during wartime, mentions the time that Congress rejected an amendment to authorize governmental seizures in cases of emergency, he is referring to considerations associated with: |
| | A) | the Volstead Act. |
| | B) | the Taft-Hartley Act. |
| | C) | the War of 1812. |
| | D) | Reconstruction. |
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| 6 | |
Chief Justice Fred M. Vinson, who does not believe that the U.S. Supreme Court has the power to determine the constitutionality of presidential actions during wartime, asserts that those who suggest that Youngstown Sheet & Tube Co. v. Sawyer is a case involving extraordinary powers should be mindful: |
| | A) | that "extraordinary" is a purely subjective term. |
| | B) | of the precedent set by Standard Oil v. United States. |
| | C) | of executive immunity. |
| | D) | that these are extraordinary times. |
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| 7 | |
Anthony Kennedy, who believes that foreign nationals detained at Guantanamo Bay as "enemy combatants" should be able to contest their detention before a judge, reminds us that the Framers' constitutional plan to allocate powers among three independent branches serves not only to make the federal government accountable, but also to assure: |
| | A) | national security. |
| | B) | jurisprudence. |
| | C) | states' rights. |
| | D) | individual liberty. |
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| 8 | |
Antonin Scalia, who does not believe that foreign nationals detained at Guantanamo Bay as "enemy combatants" should be able to contest their detention before a judge, contends that the branch of government that knows the least about national security concerns is the: |
| | A) | executive. |
| | B) | military. |
| | C) | judicial. |
| | D) | legislative. |
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| 9 | |
Chief Justice John Marshall, who believes that Congress is given a broad grant of implied powers by the Constitution, wrote that the issue of McCulloch v. Maryland must be decided peacefully, or: |
| | A) | with hostility, but decided it must be. |
| | B) | remain a source of hostile legislation. |
| | C) | not decided at all. |
| | D) | it will be sent back to Maryland for re-consideration. |
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| 10 | |
Thomas Jefferson, who does not believe that Congress is given a broad grant of implied powers by the Constitution, makes the assertion that the rights to erect a bank and to regulate commerce are: |
| | A) | the business concerns of states, and states alone. |
| | B) | equally vague within the parameters of the Constitution. |
| | C) | basically the same thing. |
| | D) | very different acts. |
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| 11 | |
Justice Robert H. Jackson, who believes that Congress should have broad constitutional power to regulate the states under the Interstate Commerce Clause, points outs that the Interstate Commerce Act of 1887 was "the first important federal resort to the commerce power" and was followed in kind in 1890 by the: |
| | A) | Motor Carrier Act. |
| | B) | Sherman Anti-Trust Act. |
| | C) | Ripley Plan. |
| | D) | Federal Trade Commission. |
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| 12 | |
According to William H. Rehnquist, who believes that Congress is barred from regulating commerce within a state, which of the following categories of activity was beyond the power of Congress under the Commerce Clause before 1887? |
| | A) | production |
| | B) | manufacturing |
| | C) | mining |
| | D) | all of the above |
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| 13 | |
Justice Hugo L. Black, who believes that the Bill of Rights should be fully binding on state proceedings, points out that the decision in Adamson v. California reasserts constitutional theory spelled out in: |
| | A) | Fox v. Florida. |
| | B) | Twining v. New Jersey. |
| | C) | Butters v. New York. |
| | D) | MacDougal v. Illinois. |
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| 14 | |
Justice Benjamin N. Cardozo, who does not believe that the Bill of Rights should be fully binding on state proceedings, established that the appellant in Palko v. Connecticut was indicted in Fairfield County, Connecticut, for the crime of: |
| | A) | reckless endangerment of a minor. |
| | B) | possession of narcotics with the intent to sell. |
| | C) | murder in the first degree. |
| | D) | murder in the second degree. |
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| 15 | |
Akhil Reed Amar, who believes that the United States should abolish the exclusionary rule of evidence in criminal cases, would label all of the following as true privacy privileges except: |
| | A) | a witness that pleads the Fifth. |
| | B) | the relationship between a priest and a penitent parishioner. |
| | C) | a spouse called to testify against her husband. |
| | D) | the relationship between a doctor and a patient. |
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| 16 | |
Yale Kamisar, who does not believe that the United States should abolish the exclusionary rule of evidence in criminal cases, reports that the defendant, who benefits from the application of the search and seizure exclusionary rule, is more likely to be a committer of: |
| | A) | rape. |
| | B) | murder. |
| | C) | white-collar crime. |
| | D) | a drug offense. |
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| 17 | |
Justice William O. Douglas, who believes that the Bill of Rights guarantees a right to privacy, identifies appellant Griswold (in Griswold v. Connecticut) as a director of: |
| | A) | Women and Family Services of Greater Hartford. |
| | B) | Yale Medical School. |
| | C) | the UCONN Health Center. |
| | D) | the Planned Parenthood League of Connecticut. |
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| 18 | |
Justice Hugo L. Black, who does not believe that the Bill of Rights guarantees a right to privacy, shares his dissenting opinion in Griswold v. Connecticut with Justice: |
| | A) | Goldberg. |
| | B) | Stewart. |
| | C) | Harlan. |
| | D) | White. |
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| 19 | |
Justice Harry A. Blackmun, who believes that a constitutional right to privacy protects a woman's right to obtain a lawful abortion, identifies the physician who sought and was granted leave to intervene in Jane Roe's action as: |
| | A) | Dr. Edelstein. |
| | B) | John Doe. |
| | C) | C. Lee Buxton. |
| | D) | James Hubert Hallford. |
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| 20 | |
Justice William H. Rehnquist, who does not believe that a constitutional right to privacy protects a woman's right to obtain a lawful abortion, mentions that the case of Roe v. Wade originates with a challenged statute in: |
| | A) | New York. |
| | B) | Arkansas. |
| | C) | Texas. |
| | D) | Arizona. |
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| 21 | |
Justice Anthony M. Kennedy, who believes that a constitutional right to privacy protects the rights of homosexual couples to engage in intimate personal relationships, points out that in the case that eventually became Lawrence v. Texas, the police originally entered the home as a result of: |
| | A) | a neighbor's complaint that there was a homosexual couple living at that address. |
| | B) | suspicion of a weapons disturbance. |
| | C) | the issuance of a drug-related warrant. |
| | D) | accusations of sexual abuse. |
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| 22 | |
Justice Antonin E. Scalia, who does not believe that a constitutional right to privacy protects the rights of homosexual couples to engage in intimate personal relationships, provides the dissenting opinion in Lawrence v. Texas, along with Chief Justice William Rehnquist and Justice: |
| | A) | Clarence Thomas. |
| | B) | David Souter. |
| | C) | Sandra Day O'Connor. |
| | D) | Stephen Breyer. |
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| 23 | |
Justice Antonin E. Scalia, who believes that the Constitution protects the right to possess a firearm unconnected with service in a militia, identifies the respondent in District of Columbia v. Heller as Dick Heller, a D.C.: |
| | A) | cab driver. |
| | B) | special police officer. |
| | C) | security guard. |
| | D) | schoolteacher. |
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| 24 | |
Justice John Paul Stevens, who does not believe that the Constitution protects the right to possess a firearm unconnected with service in a militia, mentions that the first major firearms law enacted by Congress was the 1934: |
| | A) | Sullivan Act. |
| | B) | Firearm Owners Protection Act. |
| | C) | National Firearms Act. |
| | D) | Gun Control Act. |
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| 25 | |
Stephen Breyer, who believes that confining sex offenders indefinitely in mental hospitals after they have served their prison sentences violates the Constitution, contends that the Kansas Supreme Court's view that treatment was not a particularly important legislative objective is evident in the statute's: |
| | A) | lack of provisions for treatment. |
| | B) | lack of language governing requirements for treatment. |
| | C) | timing provision. |
| | D) | definition of confinement. |
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| 26 | |
According to Clarence Thomas, who does not believe that confining sex offenders indefinitely in mental hospitals after they have served their prison sentences violates the Constitution, Leroy Hendricks himself stated that what would prevent him from molesting children in the future would be: |
| | A) | death. |
| | B) | a lobotomy. |
| | C) | castration. |
| | D) | more intense and longer treatment. |
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| 27 | |
How old was Christopher Simmons when he committed murder? |
| | A) | 15 |
| | B) | 16 |
| | C) | 17 |
| | D) | 18 |
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| 28 | |
Atkins v. Virginia, a case referred to in both the Missouri Supreme Court ruling and Justice Kennedy's opinion, refers to capital crimes committed by: |
| | A) | Juveniles |
| | B) | The mentally retarded |
| | C) | The elderly |
| | D) | First offenders |
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| 29 | |
Chief Justice Earl Warren, who believes that the U.S. Constitution requires that public institutions and facilities be racially integrated, informs us that the cases heard as Brown v. Board of Education came to the Court from all of the following states, except: |
| | A) | Virginia. |
| | B) | Minnesota. |
| | C) | Delaware. |
| | D) | South Carolina. |
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| 30 | |
Justice Henry B. Brown, who does not believe that the U.S. Constitution requires that public institutions and facilities be racially integrated, explains that in the criminal District Court of Louisiana, the petition for the writ of prohibition averred that the petitioner Plessy: |
| | A) | had a mixture of colored blood that was clearly discernible in him. |
| | B) | was incapable of hearing the railway official's instructions. |
| | C) | was seven-eighths Caucasian and one-eighth African blood. |
| | D) | had been told to sit with the whites after he had been told to sit with the Negroes. |
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| 31 | |
Justice Sandra Day O'Connor, who believes that "affirmative action" admissions policies at public universities are permitted by the Constitution, insists that the Fourteenth Amendment protects: |
| | A) | groups. |
| | B) | persons. |
| | C) | minors. |
| | D) | races. |
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| 32 | |
Chief Justice William H. Rehnquist, who does not believe that "affirmative action" admissions policies at public universities are permitted by the Constitution, maintains that, stripped of its "critical mass" veil, Michigan Law School's program is revealed as a blatant effort to: |
| | A) | achieve racial balancing. |
| | B) | deny racial distinctions. |
| | C) | suppress black enrollment. |
| | D) | favor Native Americans over Hispanics. |
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| 33 | |
Chief Justice Earl H. Warren, who believes that the Fourteenth Amendment requires the states to use a "one person, one vote" standard for apportioning legislative districts, points out that under the Voting Rights Act of 1965, the states must conduct legislative apportionment after each: |
| | A) | general election. |
| | B) | decennial census. |
| | C) | congressional recess. |
| | D) | leap year. |
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| 34 | |
Justice John M. Harlan, who does not believe that the Fourteenth Amendment requires the states to use a "one person, one vote" standard for apportioning legislative districts, maintains that the majority argument boils down to an assertion that is tied to the Equal Protection Clause only by the constitutionally frail tautology that "equal" means: |
| | A) | "equal." |
| | B) | "one for one." |
| | C) | "similar." |
| | D) | "identical." |
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| 35 | |
Justice William J. Brennan, who believes that a state law that requires public school teachers to teach "creation science" whenever they teach the theory of evolution violates the First Amendment, identifies the appellees who challenged the constitutionality of Louisiana's Creationism Act to include all of the following, except: |
| | A) | teachers. |
| | B) | religious leaders. |
| | C) | parents. |
| | D) | students. |
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| 36 | |
Justice Antonin E. Scalia, who does not believe that a state law that requires public school teachers to teach "creation science" whenever they teach the theory of evolution violates the First Amendment, notes that the three-pronged test applied to Edwards v. Aguillard had been first set forth in: |
| | A) | Larkin v. Grende's Den, Inc. (1982). |
| | B) | Wolman v. Walter (1977). |
| | C) | Lemon v. Kurtzman (1971). |
| | D) | Epperson v. Arkansas (1968). |
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| 37 | |
Justice William J. Brennan, who believes that burning an American flag should be a form of expression protected by the First Amendment, identifies the respondent in Texas v. Johnson as: |
| | A) | Mitchell C. Johnson. |
| | B) | Leonard C. Johnson. |
| | C) | Gregory Lee Johnson. |
| | D) | Lee Stanford Johnson. |
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| 38 | |
Chief Justice William H. Rehnquist, who does not believe that burning an American flag should be a form of expression protected by the First Amendment, points out that the respondent Johnson had a history of protest participation, including his part in a "die-in" to protest: |
| | A) | the deregulation of nuclear energy. |
| | B) | the re-introduction of banned pesticides. |
| | C) | the Vietnam War. |
| | D) | nuclear weapons. |
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| 39 | |
Justice Pierce Butler, who believes that the First Amendment permits the government to censure the media, explains that prior to the adoption of the Fourteenth Amendment (1868), the right of free speech or press against state action was: |
| | A) | an understood provision of the Bill of Rights. |
| | B) | a concern without legal precedent. |
| | C) | safeguarded solely by the constitutions and laws of the states. |
| | D) | not recognized. |
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| 40 | |
Chief Justice Charles E. Hughes, who does not believe that the First Amendment permits the government to censure the media, mentions that the newspaper articles cited in Near v. Minnesota charged the control of Minneapolis gambling, bootlegging, and racketeering to: |
| | A) | a Jewish gangster. |
| | B) | County Attorney Floyd B. Olson. |
| | C) | Mayor George E. Leach. |
| | D) | Chief of Police Frank W. Brunskill. |
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