POLI 4021 Quiz questions

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The Justices agree to hear most cases by granting a

writ of certiorari

In Article III of the Constitution

Congress is explicitly given the power to limit the appellate jurisdiction of the Court

Marbury v. Madison (1803), Martin v. Hunter's Lessee (1816), and Cohens v.  Virginia (1821) were all part of Marshall's program to strengthen the national government and specifically the federal courts.

True

In this case, the Court held that state citizens could sue another state in federal court.

Chisholm v. Georgia (1793)

The outcome of Stuart v. Laird (1803) is dubious because of the

Good Behavior Clause

Which of the following was NOT a response Congress made to either the Federalist court-packing or the Marbury v. Madison decision?

They impeached John Marshall.

A list of cases that the Court will hear is called the

docket

In this type of concurrence, a Justice agrees with the outcome but not with the reasoning

special concurrence

The doctrine of stare decisis 

requires judges to (all other things equal) rule on precedent.

Marbury v. Madison was the only case during the 1803 term with potentially major political and institutional complications.

False

When the Court decides whether a law can go into effect while litigation is pending, the case is said to come to the Court on the docket.

shadow

Which of the following is true about Cohens v. Virginia (1821)?

It reflected the Federalist viewpoint of John Marshall by strengthening the power of the federal courts. 

The standing doctrine

requires that the parties to a suit have a concrete stake in the case.

Which two Article III clauses most clearly protect judicial independence? (PICK TWO)

good behavior and compensation

Which of the following is true about Marbury v. Madison (1803)?

The Court held that Congress could not add to the original jurisdiction of the Court.

A per curiam opinion is, by definition,

unsigned

In Marbury v. Madison, a provision of which federal law was overturned?

The Judiciary Act of 1789

A dispute between two states over water boundaries would fall under the appellate jurisdiction of the Supreme Court.

False

The mootness doctrine

requires that a suit be "live"--that is, not settled by other means.

This Amendment created the presidential election system we have today, in which the Vice-President and President run as teams, and the likelihood of ties is minimized.

Twelfth (XII)

Constitutional avoidance doctrine is the doctrine that courts should interpret the Constitution whenever possible

False

All federal courts operate by the Good Behavior and Compensation Clauses.

False

The ripeness doctrine

requires that enough information is present regarding the facts, effects on stakeholders, etc., to decide a case.

Marbury v. Madison (1803) was only the first of many cases in which the Marshall Court overturned federal law.

False

"The judicial Power of the United States, shall be ________ in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish."

vested

Barron v. Baltimore (1833) was (in part) overturned by

Gitlow v. New York (1925)

In Palko v. CT, Cardozo based his decision on  

the principle that only fundamental rights were protected by the Due Process Clause

In Slaughter-House, the Court held (PICK TWO)

Individuals were citizens of (separately) their national and their state governments and States were prohibited only from violating a handful of rights present in the main body of the Constitution.

In which case did the Court decline to incorporate a right?

Palko v. Connecticut (1937) (double jeopardy)

Which of the following 20th century Justices was the most reluctant to incorporate rights in the Bill of Rights?

Frankfurter

The protection of fundamental rights is a form of

Substantive due process

In this case, the right to bear arms was extended to protect individuals from state action in

McDonald v. Chicago

What Supreme Court case ruled that Constitutional rights only applied to the federal government?

Barron v. Baltimore

Which case was the first clear-cut case of incorporation?

Gitlow v. New York

Which of  the following currently serving Justices is most associated with the argument that incorporation should be based on the Privileges or Immunities Clause?

Justice Thomas

Which of the following clauses of the 14th Amendment did Slaughter-House interpret very, very narrowly by referring to dual or double citizenship?

Privileges or Immunities Clause

Which of the following is true?

Basing incorporation on the privileges or immunities clause would protect (only) citizens.

Which of the following rights has not been incorporated?

5th Amendment's grand jury protection.

Which right was most recently incorporated?

the prophylactic unanimous jury requirement

According to Miller's decision in The Slaughterhouse Cases (1873), the 14th Amendment's Privileges or Immunities clause

Prohibited states from violating only the rights articulated in Articles I through VII of the Constitution.

The principle that questions that federal courts cannot hear cases that involve only questions of state constitutions and laws is called

judicial federalism

When the Court in an opinion identifies the differences between two cases, it is _________________ the cases.

distinguishing

Which doctrine or principle does NOT follow from the case or controversy clause?

stare decisis

An amicus curiae brief is filed by

a third party to the case (such as an interest group).

A comment in a decision that is not necessary to resolve a case and is not precedential is called

dicta

Which of the following is not included under federal question jurisdiction?

state constitutional law

How many Justices must agree to hear a case?

four

If Madison's proposal for a Council of Revision had become part of Article III, what could Congress do if the Council determined that a law was unconstitutional?

Congress could override that decision with a super-majority  (for example, 3/4) vote.

An anti-syndicalist law is designed to

combat communism or socialism.

A “balancing test” refers to

a test in which the interests of government are weighed against the individual rights of citizens.

In 303 Creative LLC v. Elenis (2023) (wedding websites)

 The Court ruled against government laws that compel speech or silence.

In a case involving viewpoint discrimination by government, the test or level of scrutiny or test applied by the Court is called

strict scrutiny

In free speech cases, by the mid-20^th century, in Abrams, Gitlow, etc., the majority of the Court was adopting

a "bad tendency" test

In Texas v. Johnson (1989)

The Court ruled against the criminalization of symbolic speech.

In viewpoint discrimination cases, government must show

A compelling interest, and the law must be narrowly tailored to reach that interest.

On which of the following issues did the Court quickly reverse a prior ruling?

reciting the Pledge of Allegiance

Rosenberger v. United States involved

a public forum

The doctrine that some rights or freedoms have a privileged place in constitutional law (U.S. v. Carolene Products (1938)), leading to the doctrine of strict scrutiny, is called the _____________________  doctrine.

preferred freedoms

Which case is most associated with the notion that students’ rights are not left at the (public) schoolhouse door?

Tinker v. Des Moines

Areopagitica was publishedby 

John Milton

Milton's Areopagitica was written to respond to 

licensing laws

Footnote 4 in Carolene Products gives rise to the

preferred freedoms doctrine

In Abrams v. United States, the Court's majority opinion relied on the

bad tendency test.

In this case, the doctrine of "fighting words" was established.

Chaplinsky v. New Hampshire

In which case did Justice Oliver Wendell Holmes Jr. use the metaphor "false shouting fire in a crowded theater"?

Schenck v. United States (1919)

It is the 1920s, and you have been convicted under an anti-syndicalism act.  Your conviction will most likely be

upheld by the Supreme Court by a 7-2 vote.

Before 1918, the right to free speech was generally interpreted as

limiting only the federal government and
prohibiting speech that had a tendency to incite or cause illegal activity.

Why was the pre-Schenck case on the Espionage Act (Baltzer v. United States (1918)) delayed and eventually dropped?

The Wilson wanted the first Espionage Act decision to be unanimous.

The Yates decision in 1957 narrowed the interpretation of what law?

Smith Act

This law was passed by Congress during the WW I era, and was used to suppress dissent.

Espionage Act

Which case incorporated the First Amendment's right to free speech?

Gitlow v. New York (1925)

Which case upheld the conviction of Communist leaders for advocating the overthrow of government?

Dennis v. United States (1951)

Which of the following is true?

Holmes' record on the Court shows both the import of his personal experience and his willingness to change his mind.

Which of the following is true?

The bad tendency test set a lower bar for criminalizing speech (makes it easier to prohibit speech) than the clear and present danger test.

Which of the following Justices adopted the least expansive view of rights (with respect to either incorporation or free speech)?

Frankfurter

Which of the following was the Court's first real effort in crafting a free speech jurisprudence?

Schenck v. United States (1919)

In some decisions we've studied, convictions for speech, expression, actions are upheld; in other cases, they are overturned as violating the First Amendment.  Which two free speech cases had different outcomes?

Terminiello v. Chicago (1949) and Feiner v. New York (1951)

Which case upheld the conviction of Communist leaders for advocating the overthrow of government?

Dennis v. United States

Which categories of speech are NOT categorically unprotected?

hate speech

Which of the following is NOT true?

The Counterman test for “true threats” relies only on whether the average person would find the words threatening.

Which of the following issues prompted the most serious attempt to amend the Constitution?

flag burning

Which of the following would (currently) not be protected at public schools by the First Amendment?

a banner at a school event with the expression “Bong Hits 4 Jesus”

Which of the following would NOT be a public forum or limited public forum?

a polling place

Brandenburg v. Ohio

Largely disregarded the clear and present danger test, establishing the new “imminent lawless action” test.

Which of the following represents a decision and then a case in which that decision was clearly, formally, explicitly overturned?

Minersville v. Gobitis (1940) and West Virginia v. Barnette (1943)

Which of the following would (currently) NOT be protected at public schools by the First Amendment?

a banner at a school event with the expression “Bong Hits 4 Jesus”

Which of the following would demand strict scrutiny?

viewpoint discrimination by government

Which of the following would trigger strict scrutiny?

A law banning religious speakers from public forums.

In trademark cases, content discrimination triggers strict scrutiny.

False

In Moody v. Net  Choice (2024), which involved state laws that required that social media platforms change their algorithms, the Court remanded the case back to the lower courts because it was an as-applied challenge.

False

True or false:  Government speech can be challenged for viewpoint discrimination.

False

Which of the following is NOT true?

United States v. O'Brien (1968) served as a basis (served as precedent) guiding future viewpoint discrimination cases that involved strict scrutiny.

Which of the following is NOT an example of compelled speech?

A law removing federal funding from colleges and universities if they prohibited military recruiters from having the same access to campus as non-military recruiters.

Which of the following is an example of government speech that is not subject to First Amendment constraints?

Both monuments in city park and vanity plates

In 303 Creative LLC v. Elenis (2023) (wedding websites)

 The Court ruled against government laws that compel speech or silence.

In Abrams v. United States, the Court’s majority opinion relied on the

bad tendency test

In Metal v. Tam (2017) (a case about Simon Tam and his band, The Slants, who sought to register the band’s name with the U.S. trademark office)

The Court overturned part of the Disparagement Clause of the Lanham Act.

In Schenck,

the Court established the doctrine of clear and present danger.

In which case did the Supreme Court decline to overturn a law or policy criminalizing symbolic speech?

United States v. O’Brien (1968)

In which of the following areas of jurisprudence is intent NOT relevant?

obscenity