[The Constitution] is made for people of fundamentally differing views, and the accident of our finding certain opinions natural and familiar or

[The Constitution] is made for people of fundamentally differing views, and the accident of our finding certain opinions natural and familiar or novel and even shocking ought not to conclude our judgment upon the question whether statutes embodying them conflict with the Constitution of the United States.

This quote from the 1905 dissent to the Lochner v. New York decision tells us that 

Question 1 options:

a) the Constitution exists to put forth a single view of good governance.

b) the divisions among people will be solved by the Constitution.

c) whether a view is familiar or shocking does not determine if it is constitutional.

d) the Constitution contains nothing shocking.

Question 2

The Ninth Amendment to the U.S. Constitution reads:

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. 

What was the primary reason James Madison argued that it should be included in the Bill of Rights (the first ten amendments to the U.S. Constitution)?

Question 2 options:

a) It clarifies that the General Government assures our rights are guaranteed

b) It overturns the Bill of Rights

c) It establishes a system where certain rights are singled out

d) It specifies that rights not specified in the text are still potentially rights

Question 3

In Griswold v. Connecticut, a case from 1965 concerning whether married people had the right to purchase and use contraception, the Supreme Court used the argument of "marital privacy" to assert the right to purchase and use contraception. The opinion drew on the Ninth Amendment. The Justices wrote:

The Ninth Amendment to the Constitution may be regarded by some as a recent discovery, and may be forgotten by others, but, since 1791, it has been a basic part of the Constitution which we are sworn to uphold. To hold that a right so basic and fundamental and so deep-rooted in our society as the right of privacy in marriage may be infringed because that right is not guaranteed in so many words by the first eight amendments to the Constitution is to ignore the Ninth Amendment, and to give it no effect whatsoever. Moreover, a judicial construction that this fundamental right is not protected by the Constitution because it is not mentioned in explicit terms by one of the first eight amendments or elsewhere in the Constitution would violate the Ninth Amendment, which specifically states that "[t]he enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."

This passage references what are called "unenumerated rights." Based on reading the passage, an unenumerated right is

Question 3 options:

a) a right that does not contradict the other rights set out in the first eight of the Bill of Rights.

b) a right explicitly stated in the text of the Constitution.

c) a right established in the Bill of Rights.

d) a right not written in the text of the Constitution but assumed to be held by the people.

Question 4

According to this blog post [http://blogs.archives.gov/prologue/?p=12888], the 14th Amendment has been used in which 20thcentury Supreme Court cases:

Question 4 options:

a) all of the above

b) Roe v Wade (abortion rights)

c) Loving v. Virginia (invalidated laws prohibiting interracial marriage)

d) Brown v Board of Education (school desegregation)

Question 5

Which of the following does the 14th Amendment NOT provide

Question 5 options:

a) property rights are absolute

b) equal protection of the law

c) citizenship by birth

d) protection from state governments

Question 6

Sarah Weddington, attorney for Jane Roe, references a number of places in the Constitution where the right to decide whether to terminate a pregnancy resides. Which of the following is NOT cited by her:

Question 6 options:

a) Life, liberty and the pursuit of happiness

b) Ninth Amendment

c) Due Process Clause

d) Nineteenth Amendment

Question 7

Listen to Floyd's argument (click here to listen) and answer the following question:

Floyd claims the Constitution both recognizes rights that are and rights that are not absolute. How does his reference to "the freedom of one's body" illustrate what he sees as rights that are not absolute:

Question 7 options:

There is no Constitutional right to health care

There is no Constitutional right to use your body to harm someone else

There is no Constitutional right to sell your organs

There is no Constitutional right to take illegal drugs

Question 8

Which of the following best captures the reasoning of the Court to justify a right to privacy?

Question 8 options:

a) The District Court is wrong in their understanding of the source of a right to privacy

b) The right to privacy is guaranteed by the 14th Amendment

c) The right to privacy can be found in readings of either the Ninth or the Fourteenth Amendments

d) The right to privacy does not exist in the Constitution

Question 9

What is the source of Rehnquist's objection to the Majority opinion use of the 14th amendment?

Question 9 options:

a) That the 14th amendment only protects rights found in the Bill of Rights

b) That the 14th amendment protects only against the denial of rights without due process of law

c) That the 14th amendment does not use the term privacy.

d) That the 14th amendment guarantees liberty absolutely

Question 10

How would Justice Rehnquist suggest we test whether or not a regulation improperly infringes upon the liberty protected in the Fourteenth Amendment?

Question 10 options:

a) Whether a regulation is rationally connected to a legitimate state interest

b) Whether a regulation is supported by the President of the U.S.

c) Whether a regulation concerned an issue that is not mentioned in the Bill of Rights

d) Whether a regulation was approved by a majority of citizens in the U.S.