Exam 5: Constitutional Law

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A local school district had a policy that it would not hire bus drivers who had been convicted of driving while under the influence of alcohol.Sven claimed that this practice violated the Equal Protection Clause by unfairly excluding everyone who had been found guilty of DUI.Which standard will the court use to review the bus company's practice?

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C

Congress passed the federal OSHA establishing job safety standards.Illinois passed its own statute,which had slightly more lenient standards.Illinois workers are only held to the state standards unless they are involved in interstate commerce.

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The power to regulate interstate commerce is given jointly to Congress and the states under the U.S Constitution.

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False

Some presidents have argued that they should have the power of a line-item veto,which is the authority to nullify or cancel specific provisions of a bill,usually a budget appropriations bill,without vetoing the entire legislative package.A line-item veto is a challenge to which of the following principles?

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Discuss the Miller test to determine if a creative work is obscene.

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Eminent domain refers to the government's ability to take private property for public use.

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Adam moved into an apartment complex.The rules of the complex prohibit unmarried men and women from living together in the same apartment.When Adam's friend,Diane,moved into the apartment he was served with eviction papers.Adam claims the apartment complex is violating his constitutional rights since it allows married couples to live together.Is Adam right?

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The Pines,a small motel in central Georgia,may be subject to federal regulation even though it is not close enough to the state borders to have many guests from other states.

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A woman wishes to attend an all-male,publicly supported college.She claims the college is violating the Equal Protection Clause of the Constitution.What level of scrutiny will the court use when deciding this case?

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The Fourteenth Amendment's Equal Protection Clause "strict scrutiny" test will be used when the legislation

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Obscene speech is protected by the First Amendment.

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By creating three independent and equal branches of the federal government,the U.S.Constitution prevented the federal government's power from being concentrated in one person.

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The Supreme Court's approach during the period from the 1950s through the 1970s in deciding cases on constitutional grounds is described as

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The Fourth Amendment to the Constitution provides Robert,an employee of Mattax Paper Co. ,due process protection from being fired without a hearing by a neutral fact finder.

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The first ten amendments to the Constitution are known as the

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If Oregon passed a statute that prohibited liquor stores from engaging in any kind of advertising,that statute would be

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The Framers of our Constitution,a true cross section of the population at the time,created the Constitution by amending the Articles of Confederation,which had been the governing document of the colonists.

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Judicial review is the power of the federal courts to declare a statute or governmental action unconstitutional and void.

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Nevada passed a law banning all commercial billboards along state highways to improve the appearance of the environment.If this law were to be challenged,which of the following would a court examine to determine if the law is constitutional?

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The issue of the constitutional protections afforded flag burning was addressed in

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