Constitutional History Jeopardy

The Contract Clause

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.

b. Applies to actions of the federal government.

200

The Contract Clause is located in: A. Article III B. Article I C. Tenth Amendment D. Fifth Amendment

B. Article I

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

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

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

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 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

Ye Old Common Law

100

This case gave the court the power of judicial review.

Marbury v. Madison

200

Where in the Constitution is the takings clause located?

A. Article I B. Fifth Amendment C. Fourth Amendment D. Fourteenth Amendment

B. Fifth Amendment:

“Nor shall private property be taken for public use, without just compensation.”

300

the stereotype is that the Court was hostile to any sort of business regulatory legislation during this time through the use of substantive due process and freedom of contract

Ross dislikes this

the Lochner era

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

500

DAILY DOUBLE: Stone stated that while the Court should defer to the legislature in economic matters, it should impose higher standards of review in areas of civil liberties and civil rights.

footnote 4 of United States v. Carolene Products Company (1938)

Civil Rights

100

The decision that made segregation separate but equal

Plessy v. Ferguson

200

The case that overturned Plessy.

Brown v. Board of Education

300

The two pieces of legislation concluding the Civil Rights Movement.

Civil Rights Act of 1964 and Voting Rights Act of 1965

400

What are the 3 Civil Rights Amendments?

13th, 14th, and 15th. bonus points for descriptions

500

This provision from the Constitution provided justification for the civil rights cases.

The commerce clause

Commander in Chief Justices

100

The Author of the infamous Dred Scott decision.

Roger B. Taney

200

The first chief justice of the supreme court

John Marshall

300

this chief justice presided over the majority of the civil rights cases

Earl Warren

400

This chief justice also served as a U.S. President

William Howard Taft

500

This chief justice handled cases during the Great Depression the rise of FDR's New Deal.

Harlan Stone