Question 1 (Mandatory) (1 point) Saved Justice Breyer would argue that constitutional delegated democracy is best served by which of following philosophies? Parliament 0 Textualism (:3, Purposive approaches None of the above Question 2 (Mandatory) (1 point) Saved A "text based" approach to analyzing statutes places a strong emphasis on a law's underlying purposes and congressional intent. True 0 False Question 3 (Mandatory) (1 point) One judicial theory states that if courts focus too heavily on the text of a statute, it can divorce law from real life. True .; :3 False Question 10 (Mandatory) (1 point) Police officers may legally use which of the following devices without breaching constitutional privacy? .'x. Warrant free wire tapes, but only if they believe in good faith it is necessary to apprehend dangerous criminals. Thermal imaging to monitor activities within a private residence .3 Searches of a woman's purse randomly at a shopping mall, but only if they believe the woman appears suspicious. None of the above. Question 11 (Mandatory) (1 point) The First Amendment includes which of the following protections? .; Freedom from a state imposed religion .3 Freedom to carry a concealed weapon Freedom to freely access the court .;:;. A and C Question 12 (Mandatory) (1 point) One danger in using administrative law to delegate authority to experts is that the public and other powers in government may lose too much control. True I: j: False Question 13 (Mandatory) (1 point) Privacy rights flow only from state decisions and have yet to be reviewed on a federal constitutional level. True False Question 14 (Mandatory) (1 point) To simplify the courts job, in the case Smith vs. Butler, 2002, the Supreme Court stated "commercial speech and political speech shall be viewed the same way under the law." True 1 False Question 15 (Mandatory) (1 point) An originalist, such as Antonin Scalia, would firmly believe the constitution should be changed by each generation, replacing old rights with new ones. True False Question 16 (Mandatory) (1 point) Federalism merges the authority of the state and federal government. True False Question 17 (Mandatory) (1 point) Judicial restraint is widely seen as negative amongjudges and scholars. (:2 True ;. False Question 18 (Mandatory) (1 point) "We the People," the opening line of the Gettysburg address, highlighted Lincoln's desire to apply the constitution in a way that would abolish slavery. True ;. False Question 19 (Mandatory) (1 point) The US Constitution precisely mirrors the British Parliamentary form of government, which allows the Supreme Court to seek guidance from Britain when ambiguities in American law arise. 1' True 1' False Question 20 (Mandatory) (1 point) The constitution inarguably fails to protect the people from abuses of big government control. ;. True '21::1 False Question 21 (Mandatory) (1 point) The constitutional questions over all citizen privacy rights were fully resolved in Bower vs. Hardwick in 1999. II :ij True '2 1b False Question 22 (Mandatory) (1 point) It is reasonable to believe the constitution is focused on an individual's rights to participate in democratic self government. .ij True False Question 23 (Mandatory) (1 point) Securities law and consumer protection laws are uniformly unconstitutional. .; ::_:1b True '2 :ij False Question 24 (Mandatory) (1 point) The text of the constitution makes no distinction between different types of speech. .j b True False Question 25 (Mandatory) (1 point) So that statutes are clear and unambiguous, the courts review statutes with the legislatures prior to enactment. '2 :b True .; 1b False Question 26 (Mandatory) (10 points) Suppose a federal labor relations statute was passed by congress. The statute requires federal agencies to meet with their employees and bargaining representatives and negotiate labor contracts in good faith. The statute is silent regarding precisely when such meetings should take place. The employees file a court case, asking the court to order the agencies for which they work to hold these meeting on January 1 of each year. The agencies want to set the meeting in July. Based on the Chevron case, should the court defer to the agency's judgment, or will it allow the employees to set the meeting times? Fully explain your answer. Question 27 (Mandatory) (15 points) Social matters, such as gay marriage and abortion, often trigger court cases based on constitutional questions. Courts which place a strong emphasis on social outcomes are often accused by their opponents of "legislating from the bench" or "judicial activism." Such originalist oriented opponents of social outcome based court approaches believe only legislators should address such social issues. Discuss the case Brown vs. Board of Education by doing the following: A). Use the facts from Brown to explain how the outcome based approach in sync with the living document judicial philosophy. B). Explain how the decision in Brown rejected the originalist philosophy. Question 4 (Mandatory) (1 point) When a judge is faced with interpreting a law, the or she begins by doing which of the following? If Looking to the actual language of the statute II Deferring to the executive branch uj' Subpoenaing legislators to testify before the court None of the above Question 5 (Mandatory) (1 point) The reasonable member of congress standard is most closely aligned with which of the following approaches? .; Purpose based Text based Zen based Talmud based Question 6 (Mandatory) (1 point) The Federal Arbitration Act is one of the few historical statutes that did not require significantjudicial interpretation or consideration. True False Question 7 (Mandatory) (1 point) The Foreign Sovereign Immunities Act was controversial since it disallowed foreign nations from asserting any type of sovereign immunity in commercial contract cases. 1l True False Question 8 (Mandatory) (1 point) One major goal of the reasonable legislator philosophy is to do which of the following? Implement the constitution's democratic objectives Defer to foreign governments in American judicial decision making Emphasize the importance of the strict language of laws [3:]. None of the above Question 9 (Mandatory) (1 point) Administrative law implements congress's choices regarding how to delegate decision making authority to experts. l; :1l True l'l 1l False