Con Law Final Exams with
Correct Solutions
1. Advice and Consentcorrect answer a legal expression in the United States Constitution that allows
the Senate to constrain the President's powers of appointment and treaty-making
2. Samuel Alitocorrect answer A supreme court judge appointed in Bush's 2nd term
3. Amicus curiaecorrect answer an adviser to the court on some matter of law who is not a party t
the case
4. Articles of Confederationcorrect answer a written agreement ratified in 1781 by the thirtee
original states
5. Baker v. Carrcorrect answer (LBJ) 1962 Baker v. Carr, case decided in 1962 by the U.S. Supreme
Court. Tennessee had failed
to reapportion the state legislature for 60 years despite population growth and redistribution. Charles
Baker, a voter, brought suit against the state (Joe Carr was a state oflcial in charge of elections) in
federal district court, claiming that the dilution of his vote as a result of the state's failure to reapportion
violated the equal protection clause of the Fourteenth Amendment to the Constitution. The court
dismissed the complaint on the grounds that it could not decide a political question. Baker appealed to
the Supreme Court, which ruled that a case raising a political issue would be heard. This landmark
decision opened the way for numerous suits on legislative apportionment.
6. Bill of Rightscorrect answer The first ten amendments of the U.S. Constitution, containing a list o
individual rights and
liberties, such as freedom of speech, religion, and the press.
7. Stephen Breyercorrect answer President Clinton nominated him as an Associate Justice and he
took his seat August 3, 1994
8. Brown v Board of Educationcorrect answer The 1954 Supreme Court decision holding that
school segregation in
Topeka, Kans., was inherently unconstitutional because it violated the Fourteenth Amendment's guarantee
of equal protection. This case marked the end of legal segregation in the United States.
,9. Burger Courtcorrect answer A historical court under Nixon, who replaced Warren with a more
conservative replacement. It
narrowed defendants rights. But it did make fundamental contours of the Miranda decision. Also wrote the
abortion decision in Roe v Wade
10. Bush v Gorecorrect answer a United States Supreme Court case heard on December 11,
2000. In a per curiam opinion, by
a vote of 7-2, the Court held that the Florida Supreme Court's scheme for recounting ballots was
unconstitutional, and by a vote of 5-4, the Court held that no alternative scheme could be established
within the time limits established by Florida Legislature.[1]. The per curiam opinion was argued on the
basis of Equal Protection.[2]
11. Carolene Products footnote 4correct answer Higher level of judicial scrutiny for
legislation that met certain
conditions
On its face violates a provision of the Constitution (facial challenge).
Attempts to distort or rig the political process.
Discriminates against minorities, particularly those who lack suflcient numbers or power to seek redress
through the political process.
(Strict Scruitiny)
, 12. Checks and Balancescorrect answer A system that allows each branch of government
to limit the powers of the other branches in order to prevent abuse of power
13. Citizens United v FECcorrect answer A 2010 decision by the United States Supreme
Court holding that independent expenditures are free speech protected by the 1st Amendment and so
cannot be limited by federal law. Leads to creation of SuperPACs & massive rise in amount of third party
electioneering (Citizens for a Better Tomorrow, Tomorrow)
14. Collegial Courtcorrect answer a court made up of a group of judges who must evaluate a
case together and decide on
the outcome; significant compromise and negotiation take place as members try to build a majority
coalition.
15. Commerce Clausecorrect answer The clause of the Constitution (Article I, Section 8,
Clause 3) that gives Congress the power to regulate all business activities that cross state lines or
attect more than one state or other nations.
16. Constitutional Convention 1787correct answer The liberal program of the American
Revolution was consolidated by the federal constitution, the Bill of Rights, and the creation of a
national republic. Assembling in Philadelphia in the summer of 1787, the delegates to the Constitutional
Convention were determined to end the period of economic depression, social uncertainty, and a very
weak central government that had followed independence. The delegates thus decided to grant the
federal, or central, government important powerscorrect answer regulation of domestic and foreign trade,
the right to tax, and the means to enforce its laws. (695)
17. Contract Clausecorrect answer Clause of the Constitution (Article I, Section 10) originally
intended to prohibit state gov- ernments from modifying contracts made between individuals; for a
while interpreted as prohibiting state governments from taking actions that adversely attect property
rights; no longer interpreted so broadly and no longer constrains state
governments from exercising their police powers.
18. Countermajoritarian difficultycorrect answer an inherent tension between judicial
review and democratic govern- ment, a perceived problem with judicial review of legislative or
popularly created laws, some oppose or see a problem with the judicial branch's ability to invalidate,
overrule or countermand laws that reflect the will of the majority
19. Court packingcorrect answer Attempt by Roosevelt to appoint one new Supreme Co
justice for every sitting justice over
the age of 70 who had been there for at least 10 years. Wanted to prevent justices from dismantling the
new deal. Plan died in congress and made opponents of New Deal inflamed.
20. Craig v Borencorrect answer In this 1976 ruling, the Supreme Court established t
Correct Solutions
1. Advice and Consentcorrect answer a legal expression in the United States Constitution that allows
the Senate to constrain the President's powers of appointment and treaty-making
2. Samuel Alitocorrect answer A supreme court judge appointed in Bush's 2nd term
3. Amicus curiaecorrect answer an adviser to the court on some matter of law who is not a party t
the case
4. Articles of Confederationcorrect answer a written agreement ratified in 1781 by the thirtee
original states
5. Baker v. Carrcorrect answer (LBJ) 1962 Baker v. Carr, case decided in 1962 by the U.S. Supreme
Court. Tennessee had failed
to reapportion the state legislature for 60 years despite population growth and redistribution. Charles
Baker, a voter, brought suit against the state (Joe Carr was a state oflcial in charge of elections) in
federal district court, claiming that the dilution of his vote as a result of the state's failure to reapportion
violated the equal protection clause of the Fourteenth Amendment to the Constitution. The court
dismissed the complaint on the grounds that it could not decide a political question. Baker appealed to
the Supreme Court, which ruled that a case raising a political issue would be heard. This landmark
decision opened the way for numerous suits on legislative apportionment.
6. Bill of Rightscorrect answer The first ten amendments of the U.S. Constitution, containing a list o
individual rights and
liberties, such as freedom of speech, religion, and the press.
7. Stephen Breyercorrect answer President Clinton nominated him as an Associate Justice and he
took his seat August 3, 1994
8. Brown v Board of Educationcorrect answer The 1954 Supreme Court decision holding that
school segregation in
Topeka, Kans., was inherently unconstitutional because it violated the Fourteenth Amendment's guarantee
of equal protection. This case marked the end of legal segregation in the United States.
,9. Burger Courtcorrect answer A historical court under Nixon, who replaced Warren with a more
conservative replacement. It
narrowed defendants rights. But it did make fundamental contours of the Miranda decision. Also wrote the
abortion decision in Roe v Wade
10. Bush v Gorecorrect answer a United States Supreme Court case heard on December 11,
2000. In a per curiam opinion, by
a vote of 7-2, the Court held that the Florida Supreme Court's scheme for recounting ballots was
unconstitutional, and by a vote of 5-4, the Court held that no alternative scheme could be established
within the time limits established by Florida Legislature.[1]. The per curiam opinion was argued on the
basis of Equal Protection.[2]
11. Carolene Products footnote 4correct answer Higher level of judicial scrutiny for
legislation that met certain
conditions
On its face violates a provision of the Constitution (facial challenge).
Attempts to distort or rig the political process.
Discriminates against minorities, particularly those who lack suflcient numbers or power to seek redress
through the political process.
(Strict Scruitiny)
, 12. Checks and Balancescorrect answer A system that allows each branch of government
to limit the powers of the other branches in order to prevent abuse of power
13. Citizens United v FECcorrect answer A 2010 decision by the United States Supreme
Court holding that independent expenditures are free speech protected by the 1st Amendment and so
cannot be limited by federal law. Leads to creation of SuperPACs & massive rise in amount of third party
electioneering (Citizens for a Better Tomorrow, Tomorrow)
14. Collegial Courtcorrect answer a court made up of a group of judges who must evaluate a
case together and decide on
the outcome; significant compromise and negotiation take place as members try to build a majority
coalition.
15. Commerce Clausecorrect answer The clause of the Constitution (Article I, Section 8,
Clause 3) that gives Congress the power to regulate all business activities that cross state lines or
attect more than one state or other nations.
16. Constitutional Convention 1787correct answer The liberal program of the American
Revolution was consolidated by the federal constitution, the Bill of Rights, and the creation of a
national republic. Assembling in Philadelphia in the summer of 1787, the delegates to the Constitutional
Convention were determined to end the period of economic depression, social uncertainty, and a very
weak central government that had followed independence. The delegates thus decided to grant the
federal, or central, government important powerscorrect answer regulation of domestic and foreign trade,
the right to tax, and the means to enforce its laws. (695)
17. Contract Clausecorrect answer Clause of the Constitution (Article I, Section 10) originally
intended to prohibit state gov- ernments from modifying contracts made between individuals; for a
while interpreted as prohibiting state governments from taking actions that adversely attect property
rights; no longer interpreted so broadly and no longer constrains state
governments from exercising their police powers.
18. Countermajoritarian difficultycorrect answer an inherent tension between judicial
review and democratic govern- ment, a perceived problem with judicial review of legislative or
popularly created laws, some oppose or see a problem with the judicial branch's ability to invalidate,
overrule or countermand laws that reflect the will of the majority
19. Court packingcorrect answer Attempt by Roosevelt to appoint one new Supreme Co
justice for every sitting justice over
the age of 70 who had been there for at least 10 years. Wanted to prevent justices from dismantling the
new deal. Plan died in congress and made opponents of New Deal inflamed.
20. Craig v Borencorrect answer In this 1976 ruling, the Supreme Court established t
