Question 1

The terms "procedural due process" and "equal protection" mean the same thing.

Accepted Answer

A) True 
 B)False  False

Question 2

The state legislature of Iowa enacts a transportation statute that impinges on interstate commerce.This statute will be

Accepted Answer

A) balanced in terms of Iowa's interest in regulating a certain matter against the burden placed on interstate commerce. 
B) balanced in terms of the burden on Iowa against the merit and purpose of interstate commerce. 
C) struck down. 
D) upheld. 
A) balanced in terms of Iowa's interest in regulating a certain matter against the burden placed on interstate commerce. 
B) balanced in terms of the burden on Iowa against the merit and purpose of interstate commerce. 
C) struck down. 
D) upheld. A

Question 3

A law that distinguishes between or among individuals violates the equal protection clause.

Accepted Answer

A) True 
 B)False  False

Question 4

A Rhode Island state statute imposes a prison term,without a trial,on all street vendors who operate in certain areas.A court would likely hold this statute to be

Accepted Answer

A) constitutional under the due process clause. 
B) constitutional under the equal protection clause. 
C) unconstitutional under the due process clause. 
D) unconstitutional under the equal protection clause. 
A) constitutional under the due process clause. 
B) constitutional under the equal protection clause. 
C) unconstitutional under the due process clause. 
D) unconstitutional under the equal protection clause.

Question 5

Under their police powers,states can regulate only public activities,such as political demonstrations.

Accepted Answer

A) True 
 B)False

Question 6

Procedural due process requires that any taking of a person's life,liberty,or property by government must be made fairly.

Accepted Answer

A) True 
 B)False

Question 7

Adult Shoppe in Beach City sells a variety of publications,including child pornography.Beach City enacts an ordinance prohibiting the sale of such materials.This ordinance is most likely

Accepted Answer

A) an invalid restriction of individuals' privacy. 
B) an unconstitutional restriction of speech. 
C) a violation of adults' rights to enjoy certain privileges. 
D) constitutional under the First Amendment. 
A) an invalid restriction of individuals' privacy. 
B) an unconstitutional restriction of speech. 
C) a violation of adults' rights to enjoy certain privileges. 
D) constitutional under the First Amendment.

Question 8

Congress enacts the Tight Money Act (TMA)of 2010 to ban "major business entities" from making political contributions that individuals can make.A court would likely hold the TMA to be

Accepted Answer

A) an unconstitutional restriction of speech. 
B) constitutional under the First Amendment. 
C) justified by the need to protect individual rights. 
D) necessary to protect national interests. 
A) an unconstitutional restriction of speech. 
B) constitutional under the First Amendment. 
C) justified by the need to protect individual rights. 
D) necessary to protect national interests.

Question 9

Oklahoma enacts a law requiring all businesses in the state to donate 10 percent of their profits to Protestant churches that provide certain services to persons whose income is below the poverty level.PriceLess Stores files a suit to block the law's enforcement.The court would likely hold that this law violates

Accepted Answer

A) no clause in the U.S.Constitution. 
B) the establishment clause. 
C) the free exercise clause. 
D) the supremacy clause. 
A) no clause in the U.S.Constitution. 
B) the establishment clause. 
C) the free exercise clause. 
D) the supremacy clause.

Question 10

Jon,a law enforcement official,monitors Kelsey's Internet activities-e-mail and Web site visits-to gain access to her personal financial data and student information.This may violate Kelsey's right to

Accepted Answer

A) equal protection of the law. 
B) privacy. 
C) procedural due process. 
D) substantive due process. 
A) equal protection of the law. 
B) privacy. 
C) procedural due process. 
D) substantive due process.

Question 11

Congress enacts a law that sets out a rigorous medical-device premarket approval process for the U.S.Food and Drug Administration to follow.The law includes a preemption provision.Joe is injured by a device that underwent the process and files a claim under New Hampshire state law to recover for the injury.The court will most likely rule that

Accepted Answer

A) Joe's state law claim preempts the federal law. 
B) the federal law and state law claim are concurrent. 
C) the federal and state law claim cancel each other out. 
D) the federal law preempts Joe's state law claim. 
A) Joe's state law claim preempts the federal law. 
B) the federal law and state law claim are concurrent. 
C) the federal and state law claim cancel each other out. 
D) the federal law preempts Joe's state law claim.

Question 12

Under the Constitution,Congress

Accepted Answer

A) administers the laws. 
B) enforces the laws. 
C) interprets the laws. 
D) makes the laws. 
A) administers the laws. 
B) enforces the laws. 
C) interprets the laws. 
D) makes the laws.

Question 13

Brad stands in front of Rustler's Round-Up Café,shouting "fighting words" that are likely to incite Rustler's patrons to respond violently.The First Amendment protects such speech

Accepted Answer

A) all of the time. 
B) none of the time. 
C) only if it is noncommercial. 
D) only if it is symbolic. 
A) all of the time. 
B) none of the time. 
C) only if it is noncommercial. 
D) only if it is symbolic.

Question 14

The Arkansas state legislature enacts a statute that prohibits the advertising of video games "because the games might be harmful to minors." Despite this new statute,the president of Games Marketing,Inc.(GMI),orders GMI marketers to place ads in any media.When a GMI ad appears on HDTV,a local television station,GMI and HDTV are charged with violating the statute.What is the defendants' best defense against a conviction

Accepted Answer

GMI and HDTV cannot be convicted because

Question 15

A law that restricts a fundamental right does not violate substantive due process if it promotes a compelling state interest.

Accepted Answer

A) True 
 B)False

Question 16

A state law that places a significant burden on religion is unconstitutional.

Accepted Answer

A) True 
 B)False

Question 17

Under the Constitution,the judicial branch interprets the laws.

Accepted Answer

A) True 
 B)False

Question 18

Under the Constitution,the states retain all powers not specifically delegated to the federal government.

Accepted Answer

A) True 
 B)False

Question 19

Justice For All,a political organization,files a claim to challenge a Colorado statute that limits the liberty of all persons to broadcast "annoying" radio commercials.This claim is most likely based on the right to

Accepted Answer

A) equal protection of the law. 
B) privacy. 
C) procedural due process. 
D) substantive due process. 
A) equal protection of the law. 
B) privacy. 
C) procedural due process. 
D) substantive due process.

Question 20

In 2010,Congress enacts the Act to Restrict Commercial Speech (ARCS).The ARCS will be considered valid

Accepted Answer

A) if it directly advances a substantial government interest but goes no further than necessary. 
B) if it directly advances a substantial government interest regard?less of how "far" it goes. 
C) under any circumstances. 
D) under no circumstances. 
A) if it directly advances a substantial government interest but goes no further than necessary. 
B) if it directly advances a substantial government interest regard?less of how "far" it goes. 
C) under any circumstances. 
D) under no circumstances.

Exam 2: Constitutional Law

The terms "procedural due process" and "equal protection" mean the same thing.

The state legislature of Iowa enacts a transportation statute that impinges on interstate commerce.This statute will be

A law that distinguishes between or among individuals violates the equal protection clause.

A Rhode Island state statute imposes a prison term,without a trial,on all street vendors who operate in certain areas.A court would likely hold this statute to be

Under their police powers,states can regulate only public activities,such as political demonstrations.

Procedural due process requires that any taking of a person's life,liberty,or property by government must be made fairly.

Adult Shoppe in Beach City sells a variety of publications,including child pornography.Beach City enacts an ordinance prohibiting the sale of such materials.This ordinance is most likely

Congress enacts the Tight Money Act (TMA)of 2010 to ban "major business entities" from making political contributions that individuals can make.A court would likely hold the TMA to be

Jon,a law enforcement official,monitors Kelsey's Internet activities-e-mail and Web site visits-to gain access to her personal financial data and student information.This may violate Kelsey's right to

Under the Constitution,Congress

Brad stands in front of Rustler's Round-Up Café,shouting "fighting words" that are likely to incite Rustler's patrons to respond violently.The First Amendment protects such speech

A law that restricts a fundamental right does not violate substantive due process if it promotes a compelling state interest.

A state law that places a significant burden on religion is unconstitutional.

Under the Constitution,the judicial branch interprets the laws.

Under the Constitution,the states retain all powers not specifically delegated to the federal government.

Justice For All,a political organization,files a claim to challenge a Colorado statute that limits the liberty of all persons to broadcast "annoying" radio commercials.This claim is most likely based on the right to

In 2010,Congress enacts the Act to Restrict Commercial Speech (ARCS).The ARCS will be considered valid

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