Constitutional Law Jeopardy

The Contract Clause

100

In reviewing the a Contracts Clause challenge when the State or local Government is a party to the contract, the United States Supreme Court has held that these laws or regulations would be subject to the same review as with private contracts.

True or False

False

200

Where the Contracts Clause is located

Article I

300

The United States Supreme Court in Energy Reserves Group, Incorporated v. Kansas Power & Light Company (1983) set forth this 3-part test to determine whether State or local Governments have violated existing private contracts.

(1) Is there substantial impairment of a contractual relationship? (2) Does the law/regulation serve a significant and legitimate public purpose? (3) Is the law/regulation reasonably related to achieve the Government's goal?

400

From the late 1880's to the 1930's the United States Court was unsympathetic to striking down State laws based on the Contracts Clause. Challengers of State regulations used this Clause instead

Due Process Clause of the Fourteenth Amendment

500

This United States Supreme Court case held that the Minnesota Mortgage Moratorium Law did not violate the Contracts Clause.

Home Building & Loan Association v. Blaisdell (1934)

Substantive Due Process

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.

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.

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

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.

500

In Williamson v. Lee Optical of Oklahoma, Incorporated (1955), the Court emphasized its holding that laws regulating business and employment practices (economic regulations) would be upheld under the Due Process Clause as long as the laws met this standard

The laws/regulations are rationally related to achieve a legitimate Government purpose.

The Takings Clause

100

The term used to refer to the government's power to take private property for public purpose.

Eminent Domain 

200

Where in the Constitution is the Takings Clause located?

Fifth Amendment

300

In West Coast Hotel Company v. Parrish (1937), one of the litigants, Elsie Parrish, was employed in what capacity.

Chambermaid

400

According to Hawaii Housing Authority v. Midkiff (1984), 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 

(B) False

500

In Kelo v. City of New London (2005), the City of New London regulated the disposition of property for the purpose of this company to build and draw new business to the area.

Pfizer

Landmark Cases

100

The landmark decision in which the United States Supreme Court upheld the State Statute limiting the number of hours an employee in a bakery or confectionery establishment.

Lochner v. New York (1905)

200

This case recognized an individual's Second Amendment right to possess a firearm, striking down a District of Columbia law.

District of Columbia v. Heller (2008)

300

This case in which the United States Supreme Court upheld Congress' Filled Milk Act of 1923 contained a footnote has become famous and instrumental in when a more searching judicial scrutiny is necessary. 

United States v. Carolene Products Company (1938)

400

This case that originated in South Carolina held that a taking of this property on the Atlantic Ocean would be the result when the Government's regulation denies all economically beneficial or productive use of land.

Lucas v. South Carolina Coastal Council (1992)

500

This Clause that was rejected as a challenge of certain rights in the Slaughter-House Cases (1872) has become a major tool for challengers alleging a violation of their rights.

The Equal Protection Clause of the Fourteenth Amendment.

The Justices

100

What was Justice Elena Kagan's most recent job before she became a United States Supreme Court Justice?

Solicitor General

200

Who wrote the opinion in Marbury v. Madison (1803)?

Chief Justice John Marshall

300

This United States Supreme Court Justice spoke at Charleston School of Law in 2013

Justice Sandra Day O'Connor

400

Of the Justices currently sitting on the United States Supreme Court, which was confirmed by the most narrow margin

Justice Brett Kavanaugh (50 - 48)

500

Of the current United States Supreme Court Justices, this Justice has served the longest term

Justice Clarence Thomas