WGU D118 OBJECTIVE PRACTICE
EXAM - CIVIL LIBERTIES AND THE
CONSTITUTION QUESTIONS AND
CORRECT DETAILED ANSWERS
1. Which landmark Supreme Court case established the principle of judicial review, allowing
the Court to declare acts of Congress unconstitutional?
A. Marbury v. Madison
B. McCulloch v. Maryland
C. Gibbons v. Ogden
D. Barron v. Baltimore
Answer: A
Conceptual Explanation: Marbury v. Madison (1803) established the doctrine of judicial
review, significantly expanding the power of the judicial branch to check the legislative and
executive branches.
2. In McCulloch v. Maryland, which constitutional clause was used to justify the creation of a
national bank?
A. The Necessary and Proper Clause
B. The Commerce Clause
,C. The Equal Protection Clause
D. The Full Faith and Credit Clause
Answer: A
Conceptual Explanation: The Court ruled that the Necessary and Proper Clause (Elastic
Clause) gives Congress implied powers to carry out its expressed duties, such as creating a
bank.
3. The ‘aggregation principle,’ which allows Congress to regulate local activities that have a
substantial effect on interstate commerce in the aggregate, was established in:
A. Wickard v. Filburn
B. Heart of Atlanta Motel v. United States
C. United States v. Lopez
D. Hammer v. Dagenhart
Answer: A
Conceptual Explanation: Wickard v. Filburn held that even if an activity is local and not
regarded as commerce, it may still be reached by Congress if it exerts a substantial
economic effect on interstate commerce when aggregated.
4. Which standard of review did the Supreme Court create in Schenck v. United States to
determine the limits of free speech?
A. The Clear and Present Danger Test
, B. The Lemon Test
C. The Imminent Lawless Action Test
D. The Miller Test
Answer: A
Conceptual Explanation: Justice Oliver Wendell Holmes introduced the Clear and Present
Danger test, famously noting that speech can be restricted if it creates a danger that
Congress has a right to prevent.
5. Which case first applied the doctrine of selective incorporation to protect free speech
against state infringement?
A. DeJonge v. Oregon
B. Palko v. Connecticut
C. Near v. Minnesota
D. Gitlow v. New York
Answer: D
Conceptual Explanation: Gitlow v. New York (1925) was the first case to incorporate a
provision of the Bill of Rights (the First Amendment) into the Due Process Clause of the
Fourteenth Amendment, making it applicable to states.
EXAM - CIVIL LIBERTIES AND THE
CONSTITUTION QUESTIONS AND
CORRECT DETAILED ANSWERS
1. Which landmark Supreme Court case established the principle of judicial review, allowing
the Court to declare acts of Congress unconstitutional?
A. Marbury v. Madison
B. McCulloch v. Maryland
C. Gibbons v. Ogden
D. Barron v. Baltimore
Answer: A
Conceptual Explanation: Marbury v. Madison (1803) established the doctrine of judicial
review, significantly expanding the power of the judicial branch to check the legislative and
executive branches.
2. In McCulloch v. Maryland, which constitutional clause was used to justify the creation of a
national bank?
A. The Necessary and Proper Clause
B. The Commerce Clause
,C. The Equal Protection Clause
D. The Full Faith and Credit Clause
Answer: A
Conceptual Explanation: The Court ruled that the Necessary and Proper Clause (Elastic
Clause) gives Congress implied powers to carry out its expressed duties, such as creating a
bank.
3. The ‘aggregation principle,’ which allows Congress to regulate local activities that have a
substantial effect on interstate commerce in the aggregate, was established in:
A. Wickard v. Filburn
B. Heart of Atlanta Motel v. United States
C. United States v. Lopez
D. Hammer v. Dagenhart
Answer: A
Conceptual Explanation: Wickard v. Filburn held that even if an activity is local and not
regarded as commerce, it may still be reached by Congress if it exerts a substantial
economic effect on interstate commerce when aggregated.
4. Which standard of review did the Supreme Court create in Schenck v. United States to
determine the limits of free speech?
A. The Clear and Present Danger Test
, B. The Lemon Test
C. The Imminent Lawless Action Test
D. The Miller Test
Answer: A
Conceptual Explanation: Justice Oliver Wendell Holmes introduced the Clear and Present
Danger test, famously noting that speech can be restricted if it creates a danger that
Congress has a right to prevent.
5. Which case first applied the doctrine of selective incorporation to protect free speech
against state infringement?
A. DeJonge v. Oregon
B. Palko v. Connecticut
C. Near v. Minnesota
D. Gitlow v. New York
Answer: D
Conceptual Explanation: Gitlow v. New York (1925) was the first case to incorporate a
provision of the Bill of Rights (the First Amendment) into the Due Process Clause of the
Fourteenth Amendment, making it applicable to states.
