Question 1(15 points)

Match each of the numbered definitions with the correct term.

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A constitutional mandate that all persons affected by a legal proceeding receive notice of its subject matter, time, and place and that these proceedings be conducted by a judge who is fair and impartial.

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Rights specifically granted to Congress by the federal Constitution

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A provision of the Constitution that restricts both the severity and the types of punishments that may be imposed by federal and state governments.

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A principle that states that when certain state or local laws are inconsistent with the federal law, the federal law must be followed.

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Rights granted to Congress that have arisen as a result of interpretation of the express powers by the courts.

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A reasonable belief that a prudent police officer must have that a suspect has committed, is committing, or is about to commit a crime, thereby giving the officer the authority to conduct a search.

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A provision of the Constitution that grants Congress the power to regulate trade with foreign nations, and among the several states, and with the Indian tribes.

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A test that measures whether the legislature had a reasonable, and not arbitrary, basis for enacting a particular statute.

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The process of deciding if a law is contrary to the Constitution.

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A provision of the Constitution that provides for freedom of religion, freedom of speech, and freedom of the press.

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A provision of the Constitution that requires that police officers and other government officials must have probable cause to conduct a personal or property search.

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A provision of the Constitution that mandates that each state respect and enforce both the judgements awarded by courts in other states, and the statutes and case law of other states.

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A provision of the Constitution that relates to double jeopardy, self-incrimination, due process, and eminent domain.

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A constitutional mandate that government not unreasonably interfere with an individual's life, liberty, or property rights.

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A test that measured whether the legislature had a compelling interest for enacting a particular statute.

1.commerce clause

2.doctrine of preemption

3.Eighth Amendment

4.express powers

5.Fifth Amendment

6.First Amendment

7.Fourth Amendment

8.full faith and credit clause

9.implied powers

10.judicial review

11.probable cause

12.procedural due process

13.rational basis test

14.strict scrutiny test

15.substantive due process

Question 2(5 points)

Directions:Study each of the following cases carefully. Briefly state the principle of law and your decision.

Katz was convicted in federal court under an indictment charging him with transmitting wagering information by telephone from Los Angeles to Miami and Boston, in violation of a federal statute prohibiting gambling. At the trial, the federal prosecutor was permitted, over the objections of Katz's attorney, to introduce evidence of Katz's telephone conversations. These telephone conversations had been overheard by FBI agents who had attached an electronic listening and recording device to the outside of the public telephone booth from which Katz had placed his calls. Did the FBI violate the Second Amendment by listening to Katz's telephone conversations? [Katz v. United States,389 US 347 (California)]

What is the Principle of Law?

What is your decision?

Question 3(3 points)

Read the case.Answer the questions with a YES or NO answer.

The town of Homesdale passes an ordinance that requires all retail establishments to remain closed on Christmas Day.Several groups sue, arguing that the ordinance is unconstitutional.

Question 1: Does the ordinance violate the First Amendment of the Constitution?

Question 2:Does the ordinance violate the full faith and credit clause of the Constitution?

Question 3:Would your answer to either of the previous two questions be different if you learned that over 95 percent of Homesdale's population approves of this ordinance?

Question 4(3 points)

The Town of Ericton is considering passing an ordinance that would severely restrict the possession and carrying of firearms.Answer the questions that follow with Yes or No.

Question 1:May the ordinance prohibit the possession of firearms by felons?

Question 2:May the ordinance prohibit the possession of firearms by persons who are mentally ill?

Question 3:May the ordinance prohibit the carrying of firearms in sensitive places, such as government buildings and schools?

Question 5(3 points)

In an effort to stem the rising usage of illegal drugs, the town of Zhemville passes an ordinance that mandates that all people found guilty of possessing illegal drugs be flogged (beat with a whip or stick)Yes.

Question 1:Does the ordinance violate the Eighth Amendment of the Constitution?

Question 2:Does the ordinance violate the commerce clause of the Constitution?

Question 3:Would the ordinance violate the Eighth Amendment of the Constitution if the punishment applied only to people selling, rather than simply possessing, illegal drugs?