The Contract Clause
Substantive Due Process
The Takings Clause
Current/Recent Cases
The Justices
100
The Contract Clause: A. Applies to actions of the state governments. B. Applies to actions of the federal government. C. Initially applied to the actions of the federal government, but today applies to both. D. Initially applied to actions of state governments, but today applies to both.
A. Applies to actions of the federal government.
100
In substantive due process cases, the Four Horsemen: A. Provided a solid bloc of votes for upholding state regulation of business . B. Did not form a unified voting bloc. C. Provided a solid block against state regulation of business in much the same way they stood unified in key Commerce Clause cases.
C. Provided a solid block against state regulation of business.
100
What term do we use to refer to the government's power to take private property for public purpose?
A. Takings Clause B. Seizure Power C. Eminent Domain D. Police Power
100
What was the landmark decision announced last January that struck down restriction on the amount of money corporations can spend during an election?
Citizens United v. Federal Elections Commission
100
What was Justice Elena Kagan's most recent job before she became the newest Supreme Court justice?
Solicitor General
200
The Contract Clause is located in: A. Article III B. Article I C. Tenth Amendment D. Fifth Amendment
B. Article I
200
In the Slaughterhouse Cases (1873 cases challenging Louisiana's creation of a monopoly slaughterhouse company), the Supreme Court: A. Ruled that the creation of the company violated the Contract Clause. B. Adopted a substantive due process interpretation of the 14th Amendment. C. Rejected a substantive due process interpretation of the 14th amendment.
C. Rejected a substantive due process interpretation of the 14th Amendment.
200
Where in the Constitution is the takings clause located?
A. Article I B. Fifth Amendment C. Fourth Amendment D. Fourteenth Amendment
200
This amendment was incorporated by the Supreme Court last year in the case McDonald v. Chicago.
Second Amendment
200
On 60 minutes, Justice Stevens criticized the majority opinion in two different cases. What were the cases?
Bush v. Gore (2000) Citizens United v. FEC (2010)
300
True or False: In Fletcher v. Peck (1810 Yazoo Land Case) the Supreme Court allowed the state of Georgia to rescind its previously executed land sale contract because the original contract was based on fraud.
False
300
After 1937 most Supreme Court observers believed that the doctrine of economic due process was dead, and for many years this conclusion was accurate. In more recent years, however, economic substantive due process has experienced renewed importance, as exemplified by the Supreme Court's application of the doctrine to: A. Contract Clause Cases B. Racial Discrimination Cases C. Excessive Jury Awards D. Labor Law
C. Excessive Jury Awards
300
True or False In U.S. v. Causby (the chicken farm case) the Court rule that the owner's loss, not the taker's gain, is the appropriate measure of the value of the property taken.
True
300
What amendment is applicable in the recently argued case Snyder v. Phelps?
First Amendment-Free Speech
300
Which Justice recently published his second book entitled "Making our Democracy Work?"
Justice Stephen Breyer
400
From the late 1880's to the 1930's the Court was unsympathetic to striking down state laws based on the contract clause. To what part of the Constitution did opponents of state regulations turn to instead?
Due Process Clause of the Fourteenth Amendment
400
In West Coast Hotel v. Parish (1937), a hotel company challenged a state law setting mandatory minimum wage levels. The company seemingly stood on firm ground, because in Adkins (1923) the Supreme Court set a precedent that such laws violate constitutional due process guarantees. In West Coast Hotel, the Supreme Court A. Struck down the law, applying the Adkins precedent B. Upheld the law, overruling the Adkins precedent. C. Upheld the law, ignoring Adkins and instead applying the precedent set in Nebbia v. New York.
B. Upheld the law, overruling the Adkins precedent.
400
According to Berman v. Parker (1954 case involving urban renewal programs in Washington D.C.) and Hawaii Housing Authority v. Midkiff (1984 Hawaii land reform case) a key factor in determining whether the public use requirement has been violated is whether the government program provides for the ownership of property taken from one private individual eventually to be transferred to another private individual. A. True B. False C. True with respect to Berman but false with respect to Hawaii. D. True with respect to Hawaii but false with respect to Berman
B. False
400
True or False: As a result of the Supreme Court's recent action, the "Don't Ask, Don't Tell" Policy cannot be enforced while the the case is pending.
False
400
Of the Justices currently sitting on the court, which was confirmed by the most narrow margin?
Justice Clarence Thomas (52-48)
500
What case best highlights the modern interpretation of the Contract Clause? A. Northwestern Fertilizing Co. v. Hyde Park B. Stone v. Mississippi C. Allied Structural Steel Co. v. Spannaus D. Trustees of Dartmouth College v. Woodward
C. Allied Structural Steel Co. v. Spannaus
500
In Munn v. Illinois (1877) , the Court says that due process does not bar the government from regulating certain kinds of businesses. What name or descriptive title did the Court give to the category of business that could be regulated?
BAPI Business-Affected -with-a- Public- Interest
500
In California, the city of Hercules invoked the Takings Clause (and the precedent set in Kelo) to stop development by this company.
Wal-mart
500
Chief Justice Roberts sold his stock in this company so that he could hear two pending cases involving it.
Pfizer
500
Taken together, the current justices are alumni at three different law schools. Which three schools?
Columbia Harvard Yale
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