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Here is the exam that Rear Admiral passed:



1) What case established a "right to privacy"?


2) What early case established "judical review" or the right of the court to interpret how the constitution applies in various situations?


3) What famous "test" involving goverment and religion has 3 parts or 3 spokes?


4) By what measure can something be obscene?


5) In what case did the court rule that certain people could be rounded up and detained as the government deems necessary?


6) What phrase appears in many cases where a justice is saying that precedents from prior decisions must be followed?


7) In what old case (now overturned) did the court assign a fractional value to the humanity of certain individuals?


8) Complete this phrase - "emanations from _______________"


9) What early case established (basically) that the federal government power trumps state government power?


10) What two word term in the 14th amendment has been used to justify the existence of certain rights not explicitly mentioned in the Constitution?

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1) Griswold v. Connecticut.

2) Marbury v. Madison then Martin v. Hunter's Lesee addressed the Supreme Court's right to review the constitutionality of State Court Decisions.

3. There is a three part test in Lemon v. Kurtzman regarding whether a government action violates the establishment clause in regards to promoting or preferring a particular religion.

4. Contemporary community standards, see Miller v. California.

5. Probably Korematsu v. U.S., which was based on an racial classification which passed a strict scutiny test because of an alleged compelling need. I would not be shocked if their were similar cases regarding the treatment of our native American population from the 1800s.

6. Stare decisis, if we are talking about a decision in a particular legal case which is not overturned on appeal the term would be res judicada if the issue involved the same parties.

7. The language is actually in Article One, Section Two, of the original constitution which refers to "three fifths of other persons". To my knowledge this method of counting population was not substantially challenged in a Supreme Court Case before the civil war.

8. No clue.

9. Probably McCulloch v. Maryland, which allowed the federal government to use the doctrine of implied powers to expand their decision making powers at the expense of the states.

10. What two word term in the 14th amendment has been used to justify the existence of certain rights not explicitly mentioned in the Constitution?

Answer. Due process. Often referred to as substantive due process.

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