Correct answers will be available Dec 15 at 12am - Dec 16 at 12am. Score for this quiz: 60 out of 78 * (9 wrong) Submitted Dec 14 at 1:28pm This attempt took 50 minutes.

Question 1
2 / 2 pts
1. In its review of the EPA rule at issue in West Virginia v. EPA, the Court employed the “major questions” doctrine. Which of the following statements best describes the doctrine?

--> Congress must “speak clearly” if it wishes to assign to an agency decisions of economic and political significance.
A “major question” is involved if an agency rule imposes significant costs on state governments.
The Court will defer to an agency in their determination of what constitutes a “major question."
If an agency adopts a regulatory regime that Congress had declined to adopt, then the rule automatically involves a “major question.”

Question 2
2 / 2 pts
2. Which of the following best describes the EPA’s rule in West Virginia v. EPA?

It implemented a “cap and trade” regime.
It set specific targets for emissions for coal-fueled power plants.
It required operators of coal-fueled power plants to adopt new “green” technology.
--> c It sought to shift electricity production from coal to natural gas and renewables.

Question 3
2 / 2 pts
3. Which of the following statements MOST accurately describes the majority opinion in West Virginia v. EPA?

Both doctrines require court deference to administrative agencies.
There is no relationship between the Chevron doctrine and the “major questions” doctrine.
--> The Chevron doctrine does not apply in cases involving “major questions.”
The “major questions” doctrine creates an exception to Chevron.

Question 4
2 / 2 pts
4. According to Justice Gorsuch in his concurrence in West Virginia v. EPA, which of the following “clues” are relevant to determining whether Congress has adopted a “clear statement”?

Agency’s past interpretations of relevant statute.
--> All of these.
Legislative provisions upon which the agency relied.
The relationship between the mission of the agency and the agency’s rule.

Question 5
2 / 2 pts
5. The dissent takes issue with both the majority’s procedural and substantive analysis. Which of the following statements accurately describes their complaint(s)?

a. The EPA “abandoned” the rule at issue and thus the case is moot.
b. The “major questions” doctrine has no source in law and is inconsistent with the majority’s textualist analysis.
c. The Clean Air Act’s use of “system” allows for EPA’s proposed regulation.

--> (a), (b) and (c)
just (c)
just (b)
(a) and (c) but not (b)
just (a)
(a) and (b) but not (c)

Question 6
2 / 2 pts
6. According to the dissent, is the Majority opinion a textualist opinion in West Virginia v. EPA?

Yes
--> No

Question 7
0 / 2 pts
7. Which of the following best describes the Court's mode of analysis in New York State Rifle and Pistol Association v. Bruen?

The Court looked to the original intent of the Founders.
The Court analyzed the original public meaning of "arms."
*** The Court determines whether the regulation at issue and a historical regulation are relevantly similar. INCORRECT
--> The Court looks to regulation of firearms during the founding period and determines whether there is a "twin" to the current regulation.

Question 8
2 / 2 pts
8. True or False. In analyzing the regulation at issue, the Court applies "means-ends scrutiny" to the regulation at issue.

True
--> False

Question 9
0 / 2 pts
9. Which statement best describes the Court's historical analysis in Bruen?

*** Only the public understanding of the Second amendment is relevant to the issue of public carry. INCORRECT
Current firearms are "demonstrably different" from those at the Founding so historical analogies are irrelevant.
--> Public carry regulations in the mid-1850s inform a proper understanding of the Second Amendment.
English common law is relevant to a historical understanding of the Second Amendment.

Question 10
0 / 2 pts
10. Which of the following does NOT accurately describe Justice Thomas' conclusions in Bruen?

Surety laws did not impair the right to public carry; they merely provided financial incentives for responsible arms carrying.
*** Historical regulations limiting public carry did not impair the constitutional right to public carry thus the New York statute is constitutional. INCORRECT
--> States may restrict open carry or concealed carry of firearms but not both.
Under the common law, individuals could not publicly carry weapons in a manner likely to terrorize others.

Question 11
2 / 2 pts
11. Which of the following types of regulations are now precluded by the Bruen decision?
a. Regulations about who may lawfully possess a firearm.
b. Regulations regarding the type of firearms that may be lawfully possessed.
c. Regulations regarding public carry in public places.

(a) and (b) but not (c).
just (c)
(c) but not (a) and (b).
just (b)
--> None of these types of regulations are precluded.
just (a)

Question 12
2 / 2 pts
12. Which of the following best describes Justice Thomas' characterization of his mode of analysis in Bruen?

It is an example of original intent originalism.
--> It is textualism supported by original public meaning originalism.
It is an example of process theory.
It is a conservative version of living constitutionalism.

Question 13
2 / 2 pts
13. Which of the following accurately describe the dissents complaints regarding the majority decision in Bruen?

None of these.
The majority fails to consider the government's "compelling interest" in gun regulation.
The majority inappropriately decides the case without the benefit of discovery and an evidentiary record.
The majority cherry-picks history to reach its conclusion.
--> All of these.

Question 14
2 / 2 pts
14. Which of the following is the MOST accurate characterization of the majority and dissenting opinions in Bruen?
Neither is a consequentialist decision.
The majority opinion is a consequentialist decision; the dissenting opinion is not.
Both are consequentialist decisions.
--> The dissenting opinion is a consequentialist decision; the majority opinion is not.

Question 15
2 / 2 pts
15. What are the constitutional provisions at issue in Kennedy v. Bremerton?

a. The Free Exercise Clause
b. The Free Speech Clause
c. The Equal Protection Clause

--> (a) and (b) but not (c)
just (a)
(a), (b) and (c)
just (c)
(a) and (c) but not (b)
just (b)

Question 16
2 / 2 pts
16. In order for a law or rule to be consistent with the Free Exercise Clause, it must be neutral and generally applicable. In Kennedy v. Bremerton, the Court held that the School District's rule was:

--> Neither generally applicable nor neutral
Neutral but not generally applicable
The Court did not apply this test since Kennedy's actions were deeply rooted in the Nation's history and tradition.
Generally applicable but not neutral
Generally applicable and neutral

Question 17
2 / 2 pts
17. Which of the following statements is most accurate with respect to the majority's conclusion in Kennedy v. Bremerton?

Kennedy's actions at the 50 yard line were not speech; they were actions not protected by the Constitution.
Kennedy's speech was governmental speech and protected because it expressed his sincerely held religious beliefs.
Kennedy's speech was governmental speech.
--> Kennedy's speech was private speech.

Question 18
0 / 2 pts
18. Which standard of review did the Court apply in Kennedy v. Bremerton?

Intermediate scrutiny
The Pickering-Garcetti test
--> Strict scrutiny
Rational basis review
*** The Court is not specific concluding that Bremerton's action violate any standard of review. INCORRECT

Question 19
2 / 2 pts
19. Which of the following statements most accurately describes what the majority says it is doing in Kennedy v. Bremerton?

The majority hold that Lemon still applies in cases not involving prayer but is not appropriate in prayer cases.
The majority explicitly overrules Lemon v. Kurtzman but retains the "endorsement" test.
--> The majority concludes that the Lemon test has been abandoned.
The majority explicitly overrules Lemon v. Kurtzman.

Question 20
2 / 2 pts
20. Which of the following statements best describes the disagreement between the majority and the dissent in Kennedy v. Bremerton?
They disagree regarding the application of relevant law to relevant facts.
--> They disagree about the relevant law and the relevant facts.
They disagree regarding the relevant facts.
They disagree regarding the relevant law.

Question 21
2 / 2 pts
21. In Dobbs v. Jackson, the Court holds that the Constitution does not confer a right to obtain an abortion. Which of the following statements best describes the Court's holding in the case?
There is a right to abortion prior to the point of "quickening" since English common law recognized quickening as the point at which the fetus is "ensouled."
--> The right to abortion is not deeply rooted in the Nation's history and tradition.
There is no "right to abortion" since it is not "enumerated" in the Constitution.
There is a limited right to abortion but only to the extent that a State recognizes the right.

Question 22
0 / 2 pts
22. Which of the following statements best describes the majority's analysis of abortion under the common law?

--> The common law allowed women to terminate a pregnancy prior to quickening but if she died, the person performing or assisting in the abortion could be tried for the murder of the woman and the fetus.
Abortion at any point in the pregnancy was considered murder under the common law.
Pre-quickening abortion was considered a "misprision" (i.e. manslaughter) under the common law but not murder.
*** Pre-quickening abortion was not considered murder under the common law but was not permissible. <INCORRECT

Question 23
2 / 2 pts
23. Which of the following cases is the foundational case (i.e. the case the majority relied upon) for its conclusion that Roe and Casey must be overturned?

--> Washington v. Glucksberg
Obergefell v. Hodges
None of these
Griswold v. Connecticut

Question 24
2 / 2 pts
24. Which standard of review does the Dobbs v. Jackson Health majority say will apply in future abortion regulation cases?

The majority does not say which standard will apply.
Strict scrutiny
--> Rational basis review
Intermediate scrutiny

Question 25
2 / 2 pts
25. In Dobbs v. Jackson Health, the majority says that stare decisis in not an "inexorable" command. Which of the following factors does it say counsels in favor of overruling Roe and Casey?

--> All of these
Nature of the Court's error
Quality of the reasoning
Effect on other areas of law
Reliance interest

Question 26
2 / 2 pts
26. In Dobbs, Justice Alito says that nothing in the opinion implicates the right to contraception or gay marriage. Justice Thomas disagrees. Which of the following statements correctly characterizes Justice Thomas' argument?

a. Substantive due process is a "legal fiction" and thus no substantive rights are protected by the Due Process Clause.
b. This case does not present the opportunity to reject substantive due process entirely.
c. Only the Privileges and Immunities Clause protects substantive rights but abortion is not one of these rights.

--> (a), (b) and (c)
just (c)
(a) and (b) but not (c)
just (b)
just (a)

Question 27
2 / 2 pts
27. Is the Court's application of constitutional theory in Bruen and Dobbs consistent?

--> No. Both cases utilized THT, but Bruen analyzed gun laws in effect in 1787 and ignored English common law. Dobbs relied on English common law and the common law in practice in the United States in 1787.
Yes. Both adopted THT (text, history and tradition) as the proper methodology for interpreting the Second and Fourteenth Amendments.
Yes. Both cased relied upon English common law and the common law in practice in the United States in 1787.
No. Bruen applied original intent originalism. Dobbs used THT.

Question 28
2 / 2 pts
28. Which of the following is NOT one of the complaints leveled against the majority opinion by the dissenting justices in Dobbs?

The majority denies women the equal protection of the law making them second class citizens.
The majority's history is faulty since a limited right to abortion existed under English common law.
The majority replaces the rule of law with the rule of men.
The majority's assertion that its opinion applies only to abortion and does not bring into question contraception or gay marriage is logically incorrect.
--> The majority improperly balances the State's interest in protecting maternal health versus a woman's interest in controlling her own body.

Question 29
0 / 2 pts
29. Which of the following statement is false with respect to SFFA v. Harvard?

*** According to the majority, the plain language of the Equal Protection Clause mandates "colorblind" policies. INCORRECT
--> According to Justice Jackson, THT (text, history and tradition) support the conclusion that race-conscious policies that promote racial equality are constitutional.
According to the majority, its holding does not apply to military academies because of this importance to national security.
According to the majority, Grutter requires that race-based admission policies have an "end point".

Question 30
0 / 2 pts
30. Which of the following best describes the majority's constitution analysis in SFFA v. Harvard?

--> The Court looked to the original public meaning of the Fourteenth Amendment at the time it was adopted.
The Court applied the second prong of process theory.
All of these.
The Court utilized the THT (text, history and tradition) approach.
*** None of these. INCORRECT

Question 31
2 / 2 pts
31. Which of the following reasons did the Court give in concluding that the admission processes of Harvard and UNC violated the Constitution?
a. The programs impermissibly engaged in racial stereotyping.
b. For some students, race was "used against them."
c. The schools impermissibly employed a quota system for admission decisions.

(a)
(c)
(a), (b), and (c).
(b)
--> (a) and (b) only.
(b) and (c) only.

Question 32
2 / 2 pts
32. The majority in SFFA v. Harvard defends it decision by arguing that its "colorblind" approach is required by Brown v. Board of Education.

False
--> True

Question 33
2 / 2 pts
33. In Justice Sotomayor's dissent in SFFA v. Harvard, which of the following complaints does she lodge against the majority?

a. The majority fails to attempt to correctly apply stare decisis.
b. The majority entrenches racial inequality in higher education.
c. The majority replaces the factfinding of the district courts with its own.

(a) and (b) only.
(b) and (c) only.
--> (a), (b) and (c).
(b).
(a) and (c) only.
(c).
(a).

Question 34
0 / 2 pts
34. In 303 Creative, Lorie Smith sought injunctive relief to prevent Colorado from enforcing a non-discrimination statute (CADA) against her yet to be implemented wedding planning website. According to Professor Spivey, which of the following statements best describes Ms. Smith's standing to sue?

Ms. Smith had standing to sue because she had a "sincerely held religious belief" that marriage exists only between one man and one woman.
*** Ms. Smith did not have standing to sue because she filed an "as applied" challenge to CADA and not a "facial" challenge to the statute. INCORRECT
--> Ms. Smith had standing to sue because she faced a "credible threat" that she would be compelled to serve same-sex couples.
Ms. Smith did not have standing to sue because she intended to engage in expressive conduct not speech.

Question 35
2 / 2 pts
35. Which of the following cases did the majority NOT rely upon in reaching its decision in 303 Creative?

Boy Scouts of America v. Dale
Hurley v. Irish-American Gay, Lesbian and Bisexual Group of Boston
West Virginia v. Barnette
--> Lemon v. Kurtzman

Question 36
2 / 2 pts
36. Which of the following statements best describes the Court's holding in 303 Creative?

Because Ms. Smith can offer "generic" wedding websites to all couples, CADA does not impermissible burden her constitutional right to speak.
CADA is unconstitutional on its face because it is not narrowly tailored to support the government's anti-discrimination interest.
Websites are not public accommodations and are thus not subject to Colorado's anti-discrimination law (CADA).
--> Colorado's anti-discrimination law as applied to Ms. Smith would coerce her into making speech with which she disagrees and thus CADA is unconstitutional as applied.

Question 37
2 / 2 pts
37. Which of the following statements accurately describes the dissenting Justices' disagreement with the majority in 303 Creative?

a. Although public accommodations play a key role in promoting civil rights, these laws must bow to constitutional imperatives and cannot be used to compel individuals to express messages they disagree with.
b. The Court granted a business open to the public a constitutional right to refuse to serve members of a protected class.
c. The legal duty of a business open to the public to serve the public without unjust discrimination is deeply rooted in our history.
d. The First Amendment exists to protect an “uninhibited marketplace of ideas” and individual liberty, which means the government generally cannot compel a person to espouse its preferred messages.

(b)
(c)
--> (b) and (c)
all of these
(a)
(a) and (c)

Question 38
0 / 2 pts
38. In which of the following cases did the Court use THT (text, history and tradition to reach it's conclusion.

a. WPA v. EPA
b. Dobbs
c. Bruen
d. SFFA v. Harvard
e. 303 Creative
f. Kennedy v. Bremerton

(b)
(d)
The Court used THT in all of the listed cases.
(e)
(f)
(b) and (d)
(b), (c) and (d)
--> (b), (c) and (f)
*** (b) and (c) INCORRECT
(a)
(c)

Question 39
Not yet graded / 0 pts
39. If you were to rate this course on YELP, how many stars (0-5) would you give it? (There are no incorrect answers.)

Your Answer:
5

Would suggest asking in an exam questions such as those that appear on this exam.
They are all quite factual, almost prosaic.
Elements in basis of decision, both majority and dissent.
To which of these did the dissent object.
etc.
Would be good to expose the students to this in an exam format .
Thank you

Question 40
2 / 2 pts
40. I certify that I have complied with the University of Maryland Honor Code in completion of this exam.

--> Yes
No