question s asked by the Court in evaluating a law for a due process violation law homework help

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dear writer please answer the following questions here is the instructions for the questions:

Please answer the following questions, providing the best possible answer. Essay questions should be answered using your own words. In answering essay questions, be as specific and detailed as possible using examples from the text or our resources. In essence, show me what you have learned! Be sure to use proper spelling, punctuation and grammar. Failure to follow these instructions will result in a reduced grade.

Question 1

Which of the following is/are question(s) asked by the Court in evaluating a law for a due process violation?

a.

Does the law deprive a person of any rights?

b.

Is the law authorized by the state constitution?

c.

Is the law a proper exercise of government power?

d.

All of the above.

Question 2

Challenges against a state constitutional provision that allowed taxation of personal property owned by a corporation but not personal property owned by individuals were evaluated

a.

under the rational basis test because it did not involve a suspect class or fundamental right.

b.

under the intermediate scrutiny test because it involved a corporation, which is a quasi-suspect class.

c.

under strict scrutiny because it involved economic factors.

d.

None of the above.

Question 3

The Civil Rights Act of 1964

a.

was held constitutional as an exercise of congressional power to regulate interstate commerce.

b.

was held constitutional as an exercise of congressional power under the Reconstruction Amendments.

c.

applies only to state conduct.

d.

was held unconstitutional.

Question 4

The Ninth Amendment

a.

expressly provides for a right to privacy.

b.

provides that the enumeration of rights in the other amendments is not to be considered a denial of rights not enumerated.

c.

is the basis for the protection given to liberty.

d.

Both a and b.

Question 5

Under Lemon v. Kurtzman, the government violates the Establishment Clause if

a.

the government s primary purpose is to advance religion.

b.

the principal effect of government action is to inhibit or aid religion.

c.

there is government entanglement with religion.

d.

Any of the above.

Question 6

Giving tax exemptions to religious institutions is unconstitutional because it is a form of state-sponsored religion.

Question 7

Under current Supreme Court rulings, if police do not physically intrude upon the property interest of a person, there is no search.


Question 8

A school need not tolerate student speech that is inconsistent with its basic educational mission, even though the government could not censor similar speech outside the school.


Question 9

In Griswold v. Connecticut, 381 U.S. 479 (1965), the Court invalidated a law that made it a crime to give information or advice about contraceptives to married persons.


Question 10

A petition for writ of habeas corpus was a fundamental English right; it did not originate in the United States.


Question 11

Segregation has always been considered invidious discrimination by the courts.


Question 12

Corporations are always considered to be persons for purposes of the due process clause.

Question 13

The power of eminent domain can be exercised only when the property to be taken is in poor repair.

Question 14

Match the case with the best possible concept.

Brown v. Board of Education

Bush v. Gore

Loving v. Virginia

Craigmiles v. Giles

United States v. Stevens

Van Orden v. Perry

Gonzales v. Carhart

a.

Establishment Clause

b.

void of any discernible standards

c.

overruled Plessy v. Ferguson

d.

does not survive a rational basis review

e.

freedom to marry

f.

death penalty was disproportionally applied

g.

unconstitutionally criminalized portrayal of animal cruelty

h.

void because it was too vague

Question 15

Match the term with the best possible description or definition.

Rational suspicion

Unenumerated rights

Accommodation theory

Symbolic speech

Condemnation

Liberty

Facially neutral

a.

peremptory challenges

b.

Privacy

c.

less than probable cause

d.

the right to reject medical treatment

e.

“government coercion”

f.

burning a draft card

g.

prohibited by U.S. Constitution

h.

a physical taking

Question 16

What is the effect of the First Amendment on prayer in public schools?

Question 17

What are the different types of speech that are constitutionally protected and what types of speech are not constitutionally protected and why?

Question 18

What is the exclusionary rule, who does it apply too, and how is it applied in our criminal justice system?

Question 19

In both Griswold and Roe v. Wade, the Supreme Court talks about a “penumbra of rights.” What does this mean, and why is it important?

Question 20

The Court in Lochner v. New York describes certain kinds of contracts that are not protected by the Constitution. What are they and why aren’t they protected?

Question 21

Explain the terms liberty, property, and person as those terms are used in the Fifth and Fourteenth Amendments.

Question 22

Under what, if any, circumstances does the Equal Protection Clause apply to private conduct?

Question 23

How does the Constitution provide protection against infringement of civil rights and liberties by state and local governments?

Question 24

The use of excessive force violates the Fourth Amendment because it is unreasonable.

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