District of Columbia v. Heller Quiz

In District of Columbia v. Heller, the central issue before the Supreme Court was whether a statute prohibiting handgun possession in the home violated which amendment?

The Supreme Court in District of Columbia v. Heller unanimously decided that the District of Columbia statute was unconstitutional.

According to Justice Scalia in District of Columbia v. Heller, what is the 'operative clause' of the Second Amendment?

In District of Columbia v. Heller, the Supreme Court distinguished between a(n) '______ right' view and a 'collective right' view of the Second Amendment.

Match the phrase from the Second Amendment with Justice Scalia's interpretation in District of Columbia v. Heller:

Justice Scalia referenced the use of the phrase 'right of the people' in which other amendments to support his interpretation in District of Columbia v. Heller?

According to the Supreme Court's interpretation in District of Columbia v. Heller, the term 'arms' in the Second Amendment is limited to weapons that existed in the 18th century.

What sources did Justice Scalia consult to understand the meaning of 'arms' in the Second Amendment during the District of Columbia v. Heller case?

In Caetano v. Massachusetts, the Massachusetts Supreme Judicial Court argued that stun guns are 'unusual' because:

Justice Alito agreed with the Massachusetts Supreme Judicial Court's reasoning in Caetano v. Massachusetts.

According to Justice Alito, what is the pertinent Second Amendment inquiry regarding stun guns?

Justice Alito emphasized that the Second Amendment vindicates the ‘basic right’ of ‘individual ___________.’

Match the court case with its central legal question:

In Caetano v. Massachusetts, the Supreme Judicial Court suggested that Caetano could have used what alternative weapon for self-defense?

The Supreme Court in Heller stated that only weapons useful in warfare are protected by the Second Amendment.

What was John James's claim in McCulloch v. Maryland?

Mr. Chief Justice ___________ delivered the opinion of the Court in McCulloch v. Maryland.

What was the initial ruling of the court below in McCulloch v. Maryland?

The power of Congress to incorporate a bank was a completely new and uncontested idea at the time of McCulloch v. Maryland.

According to Chief Justice Marshall, what is the 'awful responsibility' of the Supreme Court in cases like McCulloch v. Maryland?

The bill for incorporating the Bank of the United States was supported by arguments that convinced minds as pure and as __________ as this country can boast.

What was the first question the Supreme Court addressed in McCulloch v. Maryland?

Chief Justice Marshall believed that a long-standing practice of legislative acts should be lightly disregarded when interpreting the Constitution.

What does the concept of 'original public meaning' in constitutional interpretation primarily focus on?

According to the court's interpretation, what is the primary purpose of the Second Amendment's prefatory clause?

Originalism posits that the meaning of constitutional provisions should be adaptable to modern contexts.

What is a potential criticism of originalism related to the interpretation of broad constitutional concepts?

The Court concluded that the right to bear arms is unlimited and applies to any weapon for any purpose.

What did the Court determine was the idiomatic meaning of 'bear Arms' at the time of the founding when followed by the preposition 'against'?

According to one justification for originalism, if the Constitution is considered ______, then its original understanding is inherently binding.

The Court interpreted the term 'Militia' in the Second Amendment to mean all ____ physically capable of acting in concert for the common defense.

Match the following terms with their descriptions:

Match the clause of the Second Amendment with its description according to the Court's interpretation:

Justice Scalia argued that adopting a 'living constitution' philosophy essentially eliminates what?

The debate surrounding the Second Amendment's interpretation demonstrates a complete consensus among originalist justices.

What does 'Well-regulated' imply in the context of 'A well regulated Militia,' according to the Court?

The Court endorsed an 'interest-balancing' approach when evaluating the constitutionality of gun control statutes.

What is the concern raised when originalist judges' interpretations seem to align with their political leanings?

The question of whether the original public meaning of 'arms' includes modern weapons like machine guns highlights the challenge of applying originalism to __________ circumstances.

What historical figure's understanding of the right to bear arms as 'having the use of arms for self-preservation and defence' did the Court reference?

The Court's limitations on the Second Amendment, such as not extending protection to concealed weapons in sensitive places, raise questions about the source of these limitations if not directly from:

The Court stated that the Second Amendment extends, prima facie, to all instruments that constitute ______ arms.

Match the limitation on the right to bear arms with its description according to the Court:

Justice Breyer's approach to constitutional interpretation emphasizes strict adherence to original public meaning without judicial judgment.

Why did the Court consider postratification commentary and case law relevant to interpreting the Second Amendment?

According to Justice Breyer, what should 'judicial judgment' be constrained by in constitutional interpretation?

In Caetano v. Massachusetts, the Court rejected the argument that stun guns are not protected by the Second Amendment because they were not in common use at the time of the Second Amendment's ___________.

According to the Court, the English right codified in the Declaration of Right was primarily related to militias.

What did the Massachusetts court incorrectly argue regarding stun guns and the Second Amendment in Caetano v. Massachusetts?

What type of weapons prohibition was considered 'lawful under the Second Amendment or state analogues' by the majority of 19th-century courts?

The Supreme Court in District of Columbia v. Heller stated that Second Amendment protection is limited to weapons that existed in the 18th century.

The Court stated that constitutional rights are enshrined with the scope they were understood to have when the people _______ them.

Match the potential purpose of a militia with its description according to the Court:

Which of the following best describes Justice Stevens' interpretation of the Second Amendment in his dissenting opinion?

Justice Stevens believed that the phrase 'bear arms' in the Second Amendment, in contemporary discourse, meant 'to own weapons for personal protection'.

According to Justice Stevens, what was particularly 'striking' about the prefatory clause of the Second Amendment in relation to contemporary statements of similar rights?

Justice Breyer argued that the Second Amendment protection is not ______, and permits government regulation.

Match the following interpretations with the Justice who advocated for them in their dissenting opinion:

Justice Breyer suggested that self-defense considerations at the time of the Second Amendment's framing would have primarily focused on which type of dangers?

Justice Breyer criticized the majority's approach as being more transparent than his own proposed methodology for interpreting the Second Amendment.

What term do contemporary 'originalists' use to describe the source of the Constitution's meaning?

According to Justice Stevens, the word 'keep' in the context of the Second Amendment referred to the requirement that militia members ______ their arms at their homes.

Which of the following is NOT mentioned as an example of a hard question unresolved by the text of the First Amendment?

The 'original intent' approach to constitutional interpretation is always identical in its outcomes to the 'original public meaning' approach.

According to Justice Stevens' dissent, what 'policy choice' did he believe the Court was failing to heed in its decision?

Justice Breyer questioned whether the Framers intended to guarantee the right to possess a loaded gun near swimming pools, parks, and ______.

Which of the following best describes the 'duty of fidelity' of judges, according to the text?

Match the following scholars or justices with their associated concept or opinion:

From where does the Constitution derive its ultimate authority, according to the text?

The Constitution was ratified solely by state legislatures.

Who, according to the text, ultimately ratified the Constitution?

Within its defined sphere of action, is the government of the Union considered to be in a position of supremacy relative to state governments?

The text states that the government of the Union, though limited in its powers, is ______ within its sphere of action.

Does the Constitution explicitly forbid implied powers in a manner similar to the Articles of Confederation?

The Constitution includes a specific clause that expressly prohibits the federal government from exercising implied powers.

What significant word is notably absent from the 10th Amendment, which is relevant to discussions about the scope of governmental powers?

In contrast to some earlier proposals, the 10th Amendment omits the word '______', which has implications for the interpretation of federal powers.

Match the following entities with their role in the Constitution's formation and ratification:

The text describes the government of the Union as being emphatically a government of:

Who grants powers to the government of the Union?

The Constitution was established to form a more perfect union, establish justice, ensure domestic tranquility, and secure the blessings of ______ to themselves and their posterity.

The text agrees with the argument that the powers of the general government are delegated by the States, who remain truly sovereign.

The government of the Union is characterized in the text as a government of:

Where is the clause in question placed?

The text argues that the clause in question diminishes the powers vested in the government.

What is the primary concern if the clause in question were construed as Maryland suggests?

The text suggests that if the Constitution were not interpreted to include incidental powers, it would be a '______ bauble'.

Match the following descriptions to the corresponding concepts discussed in the text:

According to the content, what is a key characteristic of a constitution?

What is the role of the judiciary if Congress passes a law that is not entrusted to the government?

The text suggests that including the word 'bank' within the enumerated powers of the constitution would have been beneficial.

The text argues that the necessity of a measure is the primary factor determining its constitutionality.

What phrase in the Constitution is identified as granting Congress the authority to choose the means for executing its powers?

What is the 'vital importance' power mentioned in the context of the State of Maryland?

The text argues that the word 'necessary' should not always be interpreted as meaning absolutely _________.

The text asserts that the power of taxation is to be '______' exercised by the state and federal governments.

What is the relationship between the Constitution and the states' power to tax?

Match the governmental power with its description:

The text suggests that a bank is never an appropriate means for the government's fiscal operations.

According to the content, why might the framers of the Constitution have omitted certain restrictive terms?

What historical evidence is presented to support the utility of a bank for government fiscal operations?

The text asserts that if a power is of 'inferior importance,' it cannot be implied from the 'vast powers' explicitly granted to the government.

What is described as being entrusted to the government, encompassing 'all external relations' and 'no inconsiderable portion of the industry of the nation'?

The text states that if a law is 'really calculated to effect any of the objects entrusted to the government' and not prohibited, then its constitutionality is generally ______.

The text poses the question of whether to prefer a construction of the constitution that makes governmental operations difficult, hazardous, and __________.

What is the 'sound construction of the constitution' supposed to allow the national legislature?

What is the common understanding of employing 'necessary means to an end,' as described in the content?

Match the following perspectives on the clause's function as argued in the text:

The counsel for the State of Maryland argued that the 'necessary and proper' clause expands the powers of Congress beyond what is explicitly listed.

What is a potential negative consequence of a constitution that is too detailed?

The text suggests that human language is such that words often carry more than one single __________ idea.

What example is used in the text to illustrate the need for the government to transport resources across the nation?

Match the term with its implied meaning in the context of constitutional interpretation:

What was one of the main issues debated regarding the first Bank of the United States?

The Supreme Court decision in McCulloch v. Maryland concluded that states have the power to tax the Bank of the United States.

How did Chief Justice Marshall view the relationship between state and federal laws?

According to Jefferson, the Constitution allows only the means which are ______, not merely convenient.

Match the following individuals with their stance on the creation of the first Bank of the United States:

What was one reason many states objected to the creation of a second Bank of the United States?

The decision in McCulloch v. Maryland sought to ensure that federal operations were independent of state interference.

What principle did the State of Maryland argue to justify its taxation of the Bank of the United States?

The McCulloch decision reinforced the concept of federal government ______ over state governments.

Match the following outcomes with their respective legal implications as derived from McCulloch v. Maryland:

Which amendment did Jefferson use to argue against the first Bank of the United States?

Madison eventually supported the creation of a second Bank of the United States.

What does the McCulloch decision say about the power of Congress regarding constitutional laws?

According to Jefferson, allowing Congress non-enumerated powers could reduce all powers to one, as it would ______ all delegated powers.

Match the following constitutional figures with their roles in the creation of the first Bank of the United States:

What does Chief Justice Marshall's statement about expounding the Constitution imply about its interpretation?

Justice Frankfurter believed that the Constitution allows for broad interpretation to suit new contexts.

What is a possible consequence of a purely structural approach to constitutional interpretation?

The necessary and proper clause acknowledges that Congress has __________ powers beyond those explicitly listed in the Constitution.

Match the following constitutional interpretation approaches with their characteristics:

According to proponents of a structural approach, what is a significant advantage over textualism?

What is one reason the Senate might refuse to confirm a Supreme Court nominee?

Chief Justice Marshall's acceptance of Hamilton's view recognizes the longevity and adaptability of the Constitution.

What does the principle of supremacy in the Constitution ensure?

The Senate has absolute power over the appointment of Supreme Court justices.

What power does the Court ultimately attribute to the necessary and proper clause in the context of the national bank?

What role does ideology play in the Supreme Court appointments process?

The power of a state to tax includes the power to potentially destroy an entity.

Justice Frankfurter's critique implies that quoting 'it is a constitution we are expounding' often precedes a decision that ignores __________.

The Senate may use its power to ______ and consent to affect the composition of the Supreme Court.

Why are states restricted from taxing federal operations?

Match the following perspectives on constitutional interpretation with their advocates or sources:

The idea that a power to create implies a power to ______.

What fundamental question did the McCulloch decision address regarding Congress's powers?

Which President's Supreme Court nomination was explicitly rejected due to controversial issues regarding marijuana usage?

Match the following Supreme Court nominees with the outcome of their nominations:

Justice Frankfurter wholly supported the flexible interpretation of the Constitution across all contexts.

What does it mean when state laws are 'repugnant' to federal laws?

Approximately what fraction of presidential nominations for Supreme Court have been handled negatively by the Senate?

Why do some critics argue against a structural interpretation that focuses on 'structures and relationships'?

An aggressive role by the Senate in the Supreme Court nomination process is unanimously seen as undesirable.

The States have the original and unlimited right to tax any means used by the federal government for executing its powers.

A key consideration in the McCulloch decision was whether the creation of a national bank was 'necessary and proper' to exercise Congress's power of __________.

What does the concept of 'confidence' refer to in the context of state taxation?

Match the influential figures with their constitutional interpretation perspectives mentioned in the text:

A power to destroy is hostile to, and incompatible with, the powers to ______ and preserve.

Match the concept with its implication:

Which best describes the 'great principle' mentioned in the content?

The Constitution expressly allows states to impose taxes on imports for any reason.

Explain the implication of 'supreme must control, not yield' in state-federal relationships.

The power to tax involves the power to ______.

Match the argument with its implication:

What is one reason given for why amending the Constitution is deliberately difficult?

Thomas Jefferson believed frequent constitutional revisions would prevent the degeneracy of government.

According to the content, how many states need to ratify an amendment for it to be adopted?

The idea of amending the Constitution is related to political ______ over the Supreme Court.

Match the following amendments with their effects:

Which Founding Father argued against frequent constitutional amendments by highlighting the potential for violent political struggles?

State constitutions are less frequently amended than the federal Constitution.

What is Chief Justice Marshall's view on the limits of congressional power?

The tenth amendment explicitly limits federal power by adding significant constraints not present in the Constitution.

List one area where state constitutional amendments frequently occur.

If frequent constitutional amendments were permitted, the distinction between law and ______ would be less clear.

What implicit prohibition did Chief Justice Marshall identify regarding state taxation?

Match the perspective with the corresponding Founding Father:

Chief Justice Marshall suggested the federal government has an (implicit) ______ from state taxation.

According to Chief Justice Marshall, what is a safeguard against oppressive taxation?

Which amendment expanded Congress's power to tax?

Jefferson viewed occasional 'turbulence' in government as entirely detrimental.

Chief Justice Marshall's theory of representation suggests that subgroups might not be able to prevent oppression.

Match the following with their associated principles:

How many times has the Alabama Constitution been amended?

What did Chief Justice Marshall use to justify judicial intervention against state taxation on national banks?

Madison feared that frequent amendments would lead to a ______ struggle between factions interested in maintaining or changing the status quo.

Match the amendment with the Supreme Court decision it was intended to overturn:

The Court in McCulloch established a foundation for judicial action to compensate for defects in ______ government.

What specific word did the Articles of Confederation use that the tenth amendment does not?

What concern did Justice Chase have regarding state legislatures and natural law?

Justice Chase agreed that state legislatures were absolutely controlled by the Constitution in every matter.

What process did Chief Justice Marshall largely rely on for analyzing taxation problems in representation?

According to Chief Justice Marshall, taxes imposed by a state legislature usually act upon its ______.

What might negate the presumption of effective deterrence against abuse when a state taxes a federal entity?

What is a concern of viewing politics as an unprincipled power struggle among self-interested groups?

Judge Learned Hand believed that courts could save societies lacking moderation.

Which amendment is debated for providing a textual grounding for unenumerated natural rights?

According to Robert Bork, the Ninth Amendment cannot be used unless you know something of what it ______.

What does A. Cox express discomfort about?

Match the author with their perspective on the Ninth Amendment:

Perry expresses skepticism about how judicial decisions align with morality.

What role does R. Posner attribute to Supreme Court decisions?

What might be the result of viewing legislative actions as mere responses to political pressures?

The debate over the Ninth Amendment involves its relevance to ______ rights.

The Americans with Disabilities Act is cited as an example of rights advancing through judicial decisions.

What is one major criticism of a judicial role in moral decision-making?

A skeptical view of politics may lead to preferring an active ______ role.

Who expressed discomfort with being ruled by 'nine Platonic Guardians'?

Maass asserts that Congress acts without any form of deliberation about the public good.

What is one potential benefit of attempting to amend the Constitution, even if unsuccessful?

A constitutional convention's authority is limited to specific issues only.

What role does the U.S. President have in shaping the Supreme Court?

Article 33 of the Canadian Constitution Act allows Parliament to declare that a statute shall stand despite its conflict with certain ______.

What does Justice Chase believe about laws contrary to natural justice?

Match the President with their Supreme Court appointees:

Justice Iredell supports the idea of an 'unwritten' Constitution based on natural law.

According to Justice Iredell, what is the role of the court when a legislative act is within constitutional powers but contrary to natural justice?

How have Supreme Court justices sometimes surprised the Presidents who appointed them?

The appointing process guarantees that Supreme Court justices will follow the political wishes of the President who appointed them.

Justice Iredell mentions that the ideas of natural justice are regulated by no fixed ______.

Which principle did Justice Chase advocate for despite a lack of explicit constitutional support?

Name one key feature of the American process for constitutional amendments.

What reason does Justice Iredell give for not voiding acts within constitutional scope even if they are unjust?

President ______ appointed Chief Justice Warren, expecting conservative rulings.

Match the President to their view on the Supreme Court’s direction:

Marbury v. Madison rested in part on the understanding that a written Constitution necessarily contemplated ______ of its terms.

What is an aspect of the constitutional amendment process discussed?

What is one advantage of recognizing the judicial authority claimed by Justice Chase?

Justice Iredell believes courts should interpret laws based on established moral conventions.

Presidents have always been satisfied with the ideological performance of their Supreme Court appointees.

What is a political question doctrine?

How does Justice Iredell describe the legislature’s acts when they pursue delegated authority?

Justices appointed by President ______ have generally been liberal voices on the Court.

Justice Iredell states that the courts must enforce the Constitution's ______ provisions.

Match the attempt to amend with its intended effect:

Justice Chase asserted that principles of natural law could constrain state legislation.

What type of Constitution does Justice Iredell argue against in his response to Justice Chase?

Match the following statements with their respective justices:

Which case is often cited regarding the role of the judiciary in constitutional enforcement?

What does Chief Justice Marshall argue is essential for carrying out the powers of the government?

The term 'necessary' in the Constitution has a fixed and unchangeable meaning.

Why does Marshall argue against a narrow interpretation of the powers of Congress?

Chief Justice Marshall believed that the word 'necessary' changes in meaning depending on the ______ and intention.

Match the following terms with their meaning in Marshall's argument:

Which phrase does Marshall use to suggest the Constitution should not be treated as?

According to Marshall, prescribing immutable rules for the government would avoid future crises.

What does Marshall suggest about the use of means not expressly enumerated in the Constitution?

Marshall argues that the power to punish those who violate laws is implied in the power to ______ laws.

What example does Marshall give to illustrate the derived powers of Congress?

Why does Marshall criticize a narrow construction of constitutional powers?

The word 'absolutely' in context with 'necessary' qualifies the urgency of laws needed by Congress.

Marshall argues against giving the Constitution the properties of a ______.

What might be a consequence of adhering to a narrow interpretation of congressional power, according to Marshall?

Match the constitutional powers with their implications as per Marshall's view: