Law School Constitutional Law 3

Question 1

In New York Times Co. v. Sullivan (1964), the Supreme Court held that a public official suing for defamation must prove:

Accepted Answer

The statement was made with actual malice — knowledge of falsity or reckless disregard for the truth

Answer

The statement was false

Answer

The defendant acted negligently in verifying the statement

Answer

The statement caused quantifiable economic harm

Question 2

Which constitutional provision prevents states from passing laws that impair the obligation of contracts already in existence?

Accepted Answer

The Contracts Clause (Article I, Section 10)

Answer

The Privileges and Immunities Clause

Answer

The Due Process Clause

Answer

The Commerce Clause

Question 3

Executive privilege — the President's right to keep executive communications confidential — was addressed by the Supreme Court in:

Accepted Answer

United States v. Nixon

Answer

Youngstown Sheet & Tube Co. v. Sawyer

Answer

Morrison v. Olson

Answer

Clinton v. Jones

Question 4

The Eleventh Amendment generally bars federal courts from hearing suits:

Accepted Answer

Against a state brought by citizens of another state or foreign citizens

Answer

Filed by one state against another state

Answer

Challenging the constitutionality of federal statutes

Answer

Filed by the federal government against a state

Question 5

What does 'substantive due process' protect, as distinguished from 'procedural due process'?

Accepted Answer

Certain fundamental rights from government interference regardless of the procedures used

Answer

The right to a fair hearing before the government deprives someone of life, liberty, or property

Answer

The right to equal treatment under government benefit programs

Answer

Protection against retroactive criminal punishment

Question 6

In Youngstown Sheet & Tube Co. v. Sawyer (1952), Justice Jackson's famous concurrence outlined how many zones of presidential power?

Accepted Answer

Three

Answer

Two

Answer

Four

Answer

Five

Question 7

The 'void for vagueness' doctrine under the Due Process Clause requires that criminal laws:

Accepted Answer

Give fair notice of prohibited conduct and provide clear standards to prevent arbitrary enforcement

Answer

Be passed by a two-thirds majority in Congress

Answer

Specify the exact punishment for each prohibited act

Answer

Be reviewed by the Supreme Court before taking effect