Deck 4: Constitutional Law

Question 1

The Bill of Rights applies directly to the states.

Answer 1

False

Question 2

A public figure who brings a defamation suit against a newspaper which prints a false story about her must prove actual malice to win the suit.

Answer 2

True

Question 3

Action taken by private citizens may constitute state action if the state has significantly encouraged the challenged private action.

Answer 3

True

Question 4

The federal government's authority to govern economic matters flows from the Commerce Clause.

Question 5

The First Amendment allows free speech in all circumstances,as long as no one is killed.

Question 6

Judicial review is defined as an appeal of a lower court's judgment.

Question 7

The federal government has no restrictions under the Constitution on its power to impair contracts since the Contract Clause restricts only actions of the states.

Question 8

Both the Fifth and Fourteenth Amendments contain due process clauses.

Question 9

The Bill of Rights was included in the U.S.Constitution when it was originally ratified by the states.

Question 10

The First Amendment guarantee of free speech applies not only to individuals but also to corporations.

Question 11

A law is not valid if it conflicts with the U.S.Constitution.

Question 12

Generally,the legislative branch of government has the power to enforce the law.

Question 13

The rational relationship test,used by the courts to determine whether a certain governmental power exercised impermissibly encroaches upon an interest the Constitution protects,is the most exacting of the three possible levels of scrutiny used.

Question 14

According to the U.S.Constitution,the federal government is a government of enumerated,or limited,powers,and a specified power must authorize each of its acts.

Question 15

A government action that treats two classes of similarly situated citizens the same is valid under the Equal Protection Clause.

Question 16

The Fourteenth Amendment restricts the power of states to levy taxes.

Question 17

The U.S.Supreme Court can invalidate a law if it conflicts with the U.S.Constitution.

Question 18

The Commerce Clause limits the power of states to levy taxes.

Question 19

The Supreme Court has defined the scope of the Commerce Clause narrowly and,therefore,has restricted the powers of the federal government to regulate business.

Question 20

The federal government's power to tax has no limitations.

Question 21

In a sex discrimination case under the equal protection clause,the courts apply the strict scrutiny standard of review.

Question 22

The Supreme Court has held that,under the Due Process Clause,a driver's license is property which cannot be revoked without procedural due process.

Question 23

The Contract Clause of the Constitution applies only to the actions of state governments and not to the federal government.

Question 24

In addition to acting as a broad source of federal power,the Commerce Clause also restricts the power of the states to regulate activities if the result obstructs or unduly burdens interstate commerce.

Question 25

Powers given exclusively to the federal government under the U.S.Constitution include the power to establish laws governing bankruptcy and to coin money.

Question 26

Eminent domain is not one of the recognized inherent powers of government.

Question 27

In equal protection cases involving economic regulation,the courts use the rational relationship test.

Question 28

The Constitution gives the federal and state governments concurrent powers over patents and copyrights.

Question 29

Most forms of speech are protected by the strict or exacting scrutiny standard.

Question 30

Under the Commerce Clause,any state statute that affects interstate commerce is unconstitutional.

Question 31

States have powers to enact regulations if Congress has not preempted state regulation by enacting legislation within its constitutional powers.

Question 32

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

Question 33

The federal government's power to tax is subject to the limitation that all custom duties and excise taxes must be uniform throughout the United States.

Question 34

The Bill of Rights was approved by the first Congress to guarantee that the federal government would not abuse its powers.

Question 35

"Eminent domain" refers to a governmental taking of private property for public use.

Question 36

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

Question 37

Defamation is a form of speech wholly outside the protection of the First Amendment.

Question 38

An official action by an agency of the city of Oakwood against one of its citizens would be considered "state action."

Question 39

The Supreme Court,in Jackson v Metropolitan Edison Co. ,held that a privately owned electric utility was subject to the Due Process Clause because operating the utility was "state action" since the State had granted the utility a monopoly.

Question 40

Substantive due process addresses the fairness of the process by which a legal rule is applied.

Question 41

Which of the following would NOT be subject to strict scrutiny in deciding if a law violates equal protection?

A) Legislative appropriations giving more money to single,poor women with dependent children,than to single,poor men with dependent children.
B) Requiring black students to attend one high school and white students to attend another.
C) Restricting the right to vote to those who were born within the state.
D) Giving free lunches only to school children of Mexican descent.

Question 42

Which of the following is NOT correct with regard to the Bill of Rights?

A) It serves as a major restriction on the powers and authority of the federal government.
B) It does not apply directly to the states,but the Supreme Court has held that the Fourteenth Amendment makes many of its principles applicable to the states.
C) It consists of ten amendments to the U.S.Constitution that were adopted in 1791.
D) It was added to the U.S.Constitution about 3 weeks after the Constitution was first ratified.

Question 43

Whatever powers are not specifically assigned to the United States by the Constitution are reserved to:

A) the federal government.
B) the state governments or the people.
C) the Supreme Court.
D) the Congress.

Question 44

The Contract Clause prevents a state from:

A) making contracts with private individuals.
B) affecting any agreements between private parties.
C) contracting with another state.
D) levying duties on imports that come into the state from other states.

Question 45

Which of the following is a major limitation on the federal government's power to tax?

A) Indirect taxes must be apportioned among the states.
B) All custom duties and excise taxes must be uniform throughout the United States.
C) Progressive tax rates are prohibited.
D) There are loopholes in the tax code which allows many people to avoid paying taxes.

Question 46

The ____ case declared the authority of courts to examine governmental actions to determine whether they conform to the U.S.Constitution.

A) Abrams v.United States
B) Marsh v.Alabama
C) Marbury v.Madison
D) McCulloch v.Maryland

Question 47

A classification based on gender or "legitimacy" for a governmental action:

A) does not need to bear a substantial relationship to an important governmental objective.
B) eliminates the strong presumption of the constitutionality of legislation that is allowed under the rational relationship test.
C) does not allow taking into legislative consideration the natural physical differences of gender.
D) requires that men and women be treated exactly the same with regard to governmental action.

Question 48

The Commerce Clause in connection with the ____ limits the power of the states to tax.

A) Fifth and Fourteenth Amendments
B) Fifth Amendment
C) principle of separation of powers
D) Import-Export Clause

Question 49

Which of the following would NOT be included in the powers of the federal government?

A) Power to tax a product produced and consumed exclusively in Alaska.
B) Power to grant government contracts to minority corporations.
C) Power to condemn a building to make way for an interstate highway.
D) Power to tax only incomes above $6,000.

Question 50

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

A) First,Tenth
B) Fifth,Fourteenth
C) Fourth,Fourteenth
D) Fifth,Ninth

Question 51

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

A) The federal government is a government of enumerated powers.
B) The federal government is all-powerful except in cases of state criminal law.
C) Legislation enacted by Congress does not need to be based on a specific power granted to the federal government by the Constitution or be reasonably necessary to carry out a specified power..
D) Congress may not enact legislation that affects the states.

Question 52

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

A) Where social security benefits are denied.
B) Where a juvenile criminal is sent to a detention home.
C) Where a professor is fired from his tenured position.
D) Where a college student is denied a private scholarship.

Question 53

The Supreme Court interprets the Commerce Clause:

A) narrowly.
B) as granting virtually complete power to Congress to regulate the economy.
C) as restricting Congress to the coining of money and taxation.
D) as granting Congress the power to take property under eminent domain.

Question 54

Which of the following is included in the Fourteenth Amendment?

A) Free speech clause.
B) Equal protection.
C) Freedom from self-incrimination.
D) Right to bear arms.

Question 55

According to the Tenth Amendment,"the powers not delegated to the United States,by the Constitution,nor prohibited by it to the states,are reserved to the states respectively or to the people." This principle is:

A) separation of powers.
B) supremacy.
C) preemption.
D) federalism.

Question 56

The main purpose of the Bill of Rights was to:

A) enumerate all of the rights of U.S.citizens.
B) list the powers of the federal government.
C) provide for restrictions on the power of the federal government.
D) provide limitations on the powers of individuals.

Question 57

In the case of ____,Chief Justice Marshall stated,"This great principle is,that the Constitution and the laws made in pursuance thereof are supreme;that they control the Constitution and laws of the respective states,and cannot be controlled by them."

A) McCulloch v.Maryland
B) Marbury v.Madison
C) Shelley v.Kraemer
D) Marsh v.Alabama

Question 58

Carrie,a prominent local attorney,was the subject of a newspaper article concerning a trial in which she was involved as counsel.In that article,Carrie was reported to have been disbarred in another state ten years before.It is not true of Carrie,but of her cousin,Frances.Carrie will win a suit for defamation against the newspaper:

A) simply by proving the falsity of the statement.
B) only if Frances was not disbarred.
C) only if she can prove that the paper acted with actual malice.
D) only if she can show harm to her character resulted from the statement.

Question 59

Roger is a Haitian who has obtained U.S.citizenship.State X passes a law that all Haitian-born citizens must submit to AIDS testing.The courts will review this law based on:

A) deference to the legislature as to whether such a classification of persons is constitutionally permissible.
B) whether there is clear and convincing evidence that there is no reasonable basis for the legislation.
C) the rational relationship test.
D) the strict scrutiny test.

Question 60

The U.S.Constitution vests power in the branches of government that form a "check and balance" system.Those branches of government are:

A) executive,administrative,legislative
B) legislative,administrative,judicial
C) judicial,legislative,executive
D) administrative,executive,judicial

Question 61

For the purposes of procedural due process,____ includes certain entitlements conferred by government,such as social security payments and food stamps.

A) the right of free speech
B) equal protection
C) property
D) liberty

Question 62

The ____ Clause protects against impairing the charter of a corporation formed under a state incorporation statute.

A) Supremacy
B) Commerce
C) Contract
D) Takings

Question 63

The principle of ____ concerns the compatibility of a law or governmental action with fundamental constitutional rights,such as free speech.

A) procedural due process
B) substantive due process
C) the rational relationship test
D) equal protection

Question 64

In the Supreme Court's view,the "Necessary and Proper" Clause:

A) authorizes Congress to legislate only in areas mentioned in the list of enumerated powers.
B) enables Congress to legislate in areas not mentioned in the list of enumerated powers as long as such legislation reasonably relates to some enumerated power.
C) extends "state action" to action taken by private citizens whenever such interpretation is necessary to protect a fundamental right.
D) restricts state regulations that obstruct interstate commerce.

Question 65

The U.S.Supreme Court interprets the Commerce Clause as granting Congress the power to regulate:

A) only the channels of interstate commerce.
B) the channels and instrumentalities of interstate commerce,as well as those activities having a substantial relation to interstate commerce.
C) only the instrumentalities of interstate commerce.
D) only the channels and instrumentalities of interstate commerce.

Question 66

The State where Laura's father had lived passes a statute which requires that male heirs be preferred over female heirs in selecting an executor of an estate.Laura,a lawyer,would like to be the executor of her father's estate,but so would her eighteen-year-old brother who just flunked out of college.She challenges the provision as being a violation of the Equal Protection Clause of the Fourteenth Amendment.The case is now under consideration by the United States Supreme Court.In deciding the constitutionality of the provision,the Court will:

A) apply the rational relationship test.
B) apply the strict scrutiny test.
C) apply the intermediate standard test.
D) create a new test.

Question 67

Since the Supreme Court's abandonment of substantive due process as a critical check on legislation involving individual rights,the ____ Clause is now the most important clause in this regard.

A) Procedural Due Process
B) State Action
C) Equal Protection
D) Fundamental Rights

Question 68

Judicial review is:

A) a power of federal,but not state,courts.
B) a check by the judicial branch on legislative or executive action.
C) a check by the executive branch on judicial action.
D) a check by the legislative branch on judicial action.

Question 69

The legislative branch's primary check on both the judicial and executive branches is the power to:

A) veto executive or judicial decisions.
B) approve appointments to the courts and agencies.
C) appoint judges and cabinet officials.
D) pass laws that establish term limits for the president and judges.

Question 70

The requirement that a classification have a substantial relationship to an important governmental objective is known as the:

A) rational relationship test.
B) strict scrutiny test.
C) intermediate test.
D) Contract Clause.

Question 71

The federal government has been enabled to establish a national banking system and the Federal Reserve System because of:

A) the Article I,Section 8,constitutional grants to Congress of the power to borrow money on the credit of the United States and the power to coin money.
B) powers derived from the Commerce Clause.
C) delegation by the state governments of some of their enumerated powers.
D) the Contract Clause contained in Article I,Section 10 of the Constitution.
E) Both (a)and (b).

Question 72

Since ____,the U.S.Supreme Court has abandoned its earlier approach in substantive due process cases and no longer overturns economic and social legislation,so long as it is rationally related to legitimate governmental objectives.

A) 1812
B) 1937
C) 1954
D) 1980

Question 73

A star basketball player in the NBA:

A) is a "public figure" with respect to a defamation action against a newspaper.
B) is a "public official" with respect to a defamation action against a newspaper.
C) may win a defamation case against the media if he can prove the media acted negligently in reporting an untruth about him.
D) is not subject to the "actual malice" test in defamation actions against the press.

Question 74

A state constitutional provision conflicts with a valid federal statute.Under the Supremacy Clause:

A) the federal statute is supreme.
B) the state constitutional provision is supreme.
C) the federal statute is supreme if Congress has expressly so provided.
D) the state constitutional provision is supreme if it expressly so states.

Question 75

If private entities engage in public functions,constitutional guarantees such as free speech and due process may apply to their actions under the ____ doctrine.

A) state action
B) federal preemption
C) interstate commerce
D) supremacy

Question 76

A classic and important example of strict scrutiny of classifications based upon race is the desegregation case of:

A) Board of Curators of the University of Missouri v.Horowitz.
B) Silkwood v.Kerr-McGee Corporation.
C) New York Times v.Sullivan.
D) Brown v.Board of Education of Topeka.

Question 77

A woman claiming sex discrimination because she was passed over for a promotion by her employer,would have her case reviewed under the ____ test of the Equal Protection Clause.

A) rational relationship
B) intermediate
C) strict scrutiny
D) basic

Question 78

Because defamation involves a communication,the protection extended to speech by the ____ Amendment applies.

A) Fourth
B) Fifth
C) First
D) Fourteenth

Question 79

What constitutional principle requires that similarly situated people be treated similarly by government?

A) Free speech
B) Equal protection
C) Due process
D) Eminent domain

Question 80

State X passes legislation that requires that unless a mother of children under the age of 7 is found to be unfit,custody in divorce proceedings should be awarded to the mother and not the father.If this statute is challenged,the court will:

A) not defer to the legislature and will independently determine whether such a classification of persons is constitutionally permissible.
B) determine that fundamental rights and a suspect classification are involved in this legislation.
C) only require that the legislation conceivably bear some rational relationship to a legitimate governmental interest.
D) review the legislation to see if it bears a substantial relationship to an important governmental objective.