Lawyer Constitutional Law 2

Question 1

What is the constitutional basis for the Supreme Court's power of judicial review?

Accepted Answer

Marbury v. Madison established it as an inherent judicial power

Answer

Article III explicitly grants review of all legislation

Answer

Congress granted the power by statute in 1803

Answer

The President delegated it by executive order

Question 2

The 4th Amendment protects people against unreasonable searches and seizures; what is generally required before police conduct a search?

Accepted Answer

A warrant supported by probable cause

Answer

Reasonable suspicion only

Answer

A court order signed by a federal judge

Answer

Prior approval from the state attorney general

Question 3

What does 'equal protection' under the 14th Amendment guarantee?

Accepted Answer

That similarly situated people will be treated similarly under the law

Answer

That every citizen receives identical government benefits

Answer

That all laws must apply to both citizens and non-citizens equally

Answer

That government must treat all races identically in all contexts

Question 4

What is 'standing' as a constitutional requirement for federal court jurisdiction?

Accepted Answer

The plaintiff must have a concrete injury, causation, and redressability

Answer

The plaintiff must be a US citizen over 18 years of age

Answer

The case must involve a federal statute or constitutional provision

Answer

The plaintiff must have exhausted all state court remedies first

Question 5

Under the 5th Amendment, what is the privilege against self-incrimination?

Accepted Answer

No person may be compelled in a criminal case to be a witness against themselves

Answer

A defendant may refuse to appear at trial entirely

Answer

No statement made to police is ever admissible in court

Answer

A suspect may refuse to provide a DNA sample in all cases

Question 6

What does 'intermediate scrutiny' require the government to show when a law is challenged?

Accepted Answer

The law is substantially related to an important government interest

Answer

The law is rationally related to any legitimate government purpose

Answer

The law is narrowly tailored to a compelling government interest

Answer

The law was passed by a two-thirds majority in Congress