Exam 4: Constitutional Law

Under the federalist system, the states retain significant powers; however, the Supremacy Clause of the Constitution provides that within the areas of regulation that are federal in nature, federal law is supreme.

Under the Equal Protection Clause, all governmental action that treats two classes of citizens differently will be invalid.

Which of the following is correct with regard to the powers of government in the United States?

Only the __________ Amendment to the Constitution, which abolishes slavery or involuntary servitude, applies to the actions of private individuals.

Procedural due process would require the government to establish a set of fair procedures in all but which of the following cases?

An article appeared in the local newspaper of Midville falsely stating that the policy chief, Wilson, was facilitating the operations of a multi-state drug ring. Explain whether Wilson has any recourse against the paper or whether its statements are protected under the First Amendment.

A state regulation that does not conflict with a federal regulation may still be preempted by federal action.

"Actual malice" in defamation cases against the press requires a showing that a reporter intentionally lied.

The U.S. Constitution reserves to the states or to the people:

In relation to the Takings Clause, public use has been held to be synonymous with public purpose.

Classifications based on age and sex are examples of "suspect classifications" in the context of the Equal Protection Clause of the Constitution.

A state constitutional provision conflicts with a federal statute. The:

The Fifth and Fourteenth Amendments prohibit the federal and state governments, respectively, from depriving any person of life, liberty, or property without due process of law.

Which amendment prohibits the federal government from depriving any person of life, liberty, or property without due process of law?

Which of the following is not included within the term "property" for purposes of procedural due process?

How does the due process clause of the Fourteenth Amendment differ from the due process clause of the Fifth Amendment?

Briefly discuss the Contract Clause of the Constitution.

The First Amendment allows free speech in any and all circumstances.

The Bill of Rights restricts the power and authority of the federal government.

If Congress has not intended to displace all state legislation on a particular topic, state legislation that conflicts with the federal legislation is permitted.