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Name_____________________ AMERICAN CONSTITUTIONAL LAW I SPRING 2008 ADJUNCT PROFESSOR DAVID BUNDY, ESQ. “AM I GETTING IT?” MINI EXAM THIS EXAM IS A OPEN-BOOK EXAM. NOTES OR OTHER REFERENCE MATERIALS ARE PERMITTED. THIS EXAM SHEET MUST BE TURNED IN WITH EACH ANSWER CLEARLY MARKED CHOOSE THE BEST ANSWER FOR EACH QUESTION. 1. Justice Story’s opinion for the Court in Martin v. Hunter’s Lessee (1816; Virginia land inheritance case) is an example of the Marshall Court’s _______. A. support of congressional power over power exercised by the state legislatures B. efforts to assert the power of the Supreme Court over the state supreme courts C. efforts to provide sufficient power to the federal government to build a strong national economy D. support of the federal taxation power E. opposition to state taxes that have a negative impact on the operations of the federal government 2. Ex parte McCardle (1869; appeal of a journalist held for trial before a military tribunal) _______. A. upheld the authority of Congress to alter the Supreme Court’s appellate jurisdiction B. struck down the law removing the Supreme Court’s jurisdiction to hear McCardle’s appeal C. held that habeas corpus rights could not be altered by Congress D. upheld the constitutionality of criminal libel laws 3. The Supreme Court’s refusal to rule on the merits of Judge Walter Nixon’s challenge to his impeachment trial by the U.S. Senate was based on Court doctrines regarding _______. A. political questions B. mootness C. ripeness D. standing to sue E. collusive suits 4. In Eakin v. Raub (1825; Pennsylvania Supreme Court decision), Judge John Gibson’s dissenting opinion provided a rebuttal to John Marshall’s opinion in Marbury v. Madison asserting the power of judicial review. Gibson’s primary argument was: A. Various provisions of the Constitution expressly deny the power of judicial review.
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B. If the Framers had wanted to give the courts the power of judicial review they would have done so explicitly in the Constitution. C. While it may be true that laws contrary to the Constitution are null and void, there is no constitutional reason to assume that the judiciary (as opposed to any other branch) is the department of government that should make such determinations. D. The Tenth Amendment means that if a power is not explicitly granted to the federal
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This note was uploaded on 04/18/2008 for the course POS 4603 taught by Professor Bundy during the Spring '08 term at University of Central Florida.

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