Exam 6: The Constitution

The three significant concepts of the Constitution that create a strong centralized, federal government are the concept of separation of powers, the supremacy clause, and the _____.

If a federal law preemptsa subject then any state law that attempts to regulate the same activity is constitutional under the supremacy clause.

The concept of preemption applies to _____ and rules and regulations of federal administrative agencies.

Which of the following is true about quasi-strict scrutiny tests?

When a legislature passes a law that unnecessarily or too generally restricts freedom of speech, the court may declare the law unconstitutional based on the _____.

A libel is used to recover damages as a result of transitory statements.

Explain the due process clause.

A school in the state of Connecticut does not allow students to pray or maintain even a moment of silence in the school premises. Which of the following first amendment protections is this school providing?

The equal protection clause has been applied in cases involving:

When may a state law limit picketing?

Minimum rationality tests are applied to cases involving classifications based on _____.

The contract clause:

Quasi-strict scrutiny has resulted in holdings that find laws to be valid as well as unconstitutional.

What is the overbreadth doctrine? Explain.

If a person involved in a case involving freedom of the press is a public official or figure, a plaintiff seeking damages for emotional distress caused by offensive publications must prove _____ in order to recover.

The strict scrutiny approach is applied to cases involving rights such as the:

The concept of federalism recognizes that all levels of government have interrelated roles to play.

The concept of _____ recognizes that each level of government has a separate and distinct role to play.

If the press publishes that which is illegal or libelous, it has liability for doing so.

The Second Amendment consists of the: