LS100-Chapter 6 Quiz

The national government created in the Constitution operates according to three general principles: the concept of federalism, the doctrine of separation of powers, and the right of judicial review.

What is "separation of powers"?

Checks and balances were established by case law and allow the president to check on Congress and balance the budget.

What is judicial review?

In the case of Marbury v. Madison, the Supreme Court decided that it did have the power to interpret the Constitution and invalidate laws that conflict with the interpretation.

Check all that apply to the Bill of Rights.

In various cases interpreting the Fourteenth Amendment, especially the Due Process Clause, the Supreme Court held that the phrase “due process” includes or incorporates most of the rights spelled out in the Bill of Rights. This is known as the incorporation doctrine.

The First Amendment protects the following rights from governmental interference (check all that apply):

The Establishment Clause limits the right of government to interfere in a person’s practice of his or her religion. The Free Exercise Clause limits the government’s power to create or support religious institutions and led to the philosophy of separation of church and state.

Freedom of speech applies to the following (check all that apply):

What are some examples of "injurious speech"? Check all that apply.

Laws that prohibit obscenity or punish individuals for making defamatory statements or statements that incite violence are not unconstitutional.

Criminal defendants also have rights--check all of the amendments below that provide the basis for these rights.

The Civil War led to the abolition of slavery and resulted in three constitutional amendments providing for certain civil rights. Please check the three rights that were established.

One of the first cases requiring the Supreme Court to interpret the Equal Protection Clause was Plessy v. Ferguson, an 1896 case dealing with the constitutionality of a Louisiana state law mandating separate railroad cars for different races. The Court upheld the law and the doctrine of separate but equal resulted from this case and remained the law for more than 50 years until the Supreme Court's case of Brown v. Board of Education.

Affirmative action policies could consider race, but any policy considering race must be “narrowly tailored.”

Congress enacted several laws prohibiting discrimination by businesses or individuals who are involved in interstate commerce, using the power given to it by the Interstate Commerce Clause,

Prohibited discrimination includes discrimination based on (Check all that apply):

Which Amendments protect the right to vote?

What is the one man-one vote rule?

Procedural due process governs substantive laws enacted by government. Substantive due process governs the procedures or ways in which individuals are deprived of life, liberty, or property.

A test used by the courts when examining the constitutionality of a law; requires that the law have a reasonable connection to a legitimate state purpose.

A separate opinion written by one or more justices in a case; this opinion disagrees with the decision of the majority of the court.