Deck 5: Constitutional Principles

Question 1

The Constitution provides the legal framework for the United States.

Answer 1

True

Question 2

Under the U.S. Constitution, all powers that are neither given exclusively to the federal government nor taken from the states are _.

A) reserved to the states
B) reverted to the president under the principle of sovereignty
C) reserved to the federal government
D) shared equally by the state and federal governments

Answer 2

A

Question 3

Which of the following statements is true of concurrent authority?

A) This situation arises when authority to regulate in an area has been expressly given to the state government by the Constitution.
B) When the state law is more restrictive, such that compliance with the state law is automatically compliance with the federal law, the state law will usually be valid.
C) A state can regulate in an area even if the regulation conflicts with the federal regulation of the same subject matter.
D) In many areas of environmental regulation, states may impose less stringent pollution-control standards than those imposed by federal law.

Answer 3

B

Question 4

The Supremacy Clause of the U.S. Constitution is the basis for the doctrine of _ .

A) federal trust
B) federal preemption
C) eclipse
D) dilution

Question 5

The Bill of Rights sets forth the basic structure of our government and the respective roles of the state and federal governments.

Question 6

The Articles of the U.S. Constitution, especially the first ten, establish the basic structure of our government and the respective roles of the state and federal governments.

Question 7

The Supremacy Clause is found in the U.S. Constitution.

A) Article VI of
B) Article I of
C) the First Amendment to
D) the Fifth Amendment to

Question 8

The the U.S. Constitution, especially the first , were primarily designed to establish and protect individual rights.

A) Articles of; ten
B) Amendments to; ten
C) Articles of; twenty
D) Amendments to; twenty

Question 9

The outcome of conflicts between state and federal laws is dictated by the of the U.S. Constitution.

A) Commerce Clause
B) Confrontation Clause
C) Arbitration Clause
D) Supremacy Clause

Question 10

Cases of federal are especially likely to arise in matters pertaining to interstate commerce, such as when a local regulation imposes a substantial burden on the flow of interstate commerce through a particular state.

A) redemption
B) exemption
C) preemption
D) redaction

Question 11

According to the principle of federal supremacy, any state or local law that directly conflicts with the U.S. Constitution is .

A) enforceable pursuant to the Ninth Amendment
B) enforceable pursuant to the Tenth Amendment
C) voidable
D) void

Question 12

Pursuant to the doctrine of separation of powers, the U.S. president is responsible for ensuring that the laws are faithfully .

A) created
B) interpreted
C) executed
D) amended

Question 13

is a system of government in which power is divided between a central authority and constituent political units.

A) Federalism
B) Communism
C) Despotism
D) Totalitarianism

Question 14

provides the legal framework for our nation.

A) Capitalism
B) The U.S. Constitution
C) The Declaration of Independence
D) The free enterprise system

Question 15

is a principle declaring that any state or local law that directly conflicts with the federal Constitution, laws, or treaties is void.

A) Federal preemption
B) Federal supremacy
C) Selective incorporation
D) Heckler's veto

Question 16

The federal government has only those powers granted to it .

A) incrementally by the states
B) in the Declaration of Independence
C) in the U.S. Constitution
D) by the legal principles of sovereignty and eminent domain

Question 17

In the U.S. federalist system, the two "sovereigns" are the .

A) president and vice-president
B) president and U.S. Senate
C) president and U.S. House of Representatives
D) state and federal governments

Question 18

The U.S. "separation of powers" system of government is often referred to as a system of .

A) government efficiency
B) government effectiveness
C) checks and balances
D) sovereignty

Question 19

Which of the following best defines federal preemption?

A) It is a constitutional doctrine that empowers the U.S. Congress to regulate commerce with foreign nations, with Indian tribes, and among the states.
B) It is a constitutional doctrine declaring that any federal law or treaty that directly conflicts with a state or local law is void.
C) It is a constitutional doctrine whereby the legislative branch enacts laws, the executive branch sees that the laws are executed, and the judicial branch interprets the laws.
D) It is a constitutional doctrine stating that in an area in which federal regulation is pervasive, state legislation cannot stand.

Question 20

The of the U.S. Constitution set(s) forth the basic structure of our government and the respective roles of the state and federal governments.

A) Bill of Rights
B) Articles
C) Codes
D) Due Process Clause

Question 21

The executive branch of the U.S. government has the power to pardon federal offenders.

Question 22

The executive branch .

A) appoints federal judges
B) can declare laws passed by the U.S. Congress as unconstitutional
C) proposes amendments to overrule judicial decisions
D) establishes lower courts

Question 23

Explain the doctrine of federal preemption.

Question 24

The establishes the number of judges.

A) legislative branch
B) judicial branch
C) president
D) chief justice

Question 25

The branch is charged with interpreting the laws in the course of applying them to particular disputes.

A) judicial
B) legislative
C) executive
D) autocratic

Question 26

The system of checks and balances allows each branch to encroach on the power of another.

Question 27

Which of the following statements is true about separation of powers?

A) It calls for the executive branch to enact legislation and appropriate funds.
B) It charges the judicial branch with ensuring that the laws are faithfully executed.
C) The powers given to each branch operate to keep the other branches from seizing power to dominate the government.
D) The members of a branch owe their tenure in their positions to members of other branches.

Question 28

Under the U.S. Constitution, all powers that are neither given exclusively to the federal government nor taken from the states are reserved to the states.

Question 29

The principle of federalism divides the authority to govern between two sovereigns or supreme lawmakers.

Question 30

The three branches of the federal government as established by the U.S. Constitution are the legislative, executive, and branches.

A) judicial
B) presidential
C) secretarial
D) civil

Question 31

The can overrule the president's vetoes.

A) secretary of state
B) secretary of defense
C) legislative branch
D) judicial branch

Question 32

It is easy to determine where the authority of one branch of the government ends and another's begins.

Question 33

Special sessions of the U.S. Congress can be called by the .

A) executive branch
B) legislative branch
C) federal court
D) supreme court

Question 34

Rules declared by federal administrative agencies cannot be considered as federal laws.

Question 35

The is commander-in-chief of the armed forces.

A) secretary of state
B) secretary of defense
C) vice-president
D) president

Question 36

The has the power to impeach and remove the president.

A) cabinet
B) vice-president
C) judicial branch
D) legislative branch

Question 37

Which of the following best defines separation of powers?

A) It is a constitutional doctrine that distributes power among the three branches of the government.
B) It is a constitutional doctrine that permits federal laws to stand if they do not conflict with a state law.
C) It is a constitutional doctrine mandating that a federal court in diversity jurisdiction must apply federal law.
D) It is a constitutional doctrine that gives the secretary of defense the power to execute the laws.

Question 38

The can refuse to approve the appointments by the president.

A) judicial branch
B) legislative branch
C) vice-president
D) secretary of state

Question 39

The Supremacy Clause provides that the U.S. Constitution and all laws and treaties of the United States constitute the supreme law of the land.

Question 40

The legislative branch is charged with interpreting the laws in the course of applying them to particular disputes.

Question 41

In 2012, the U.S. Supreme Court determined that the penalty imposed by the Affordable Care Act (ACA) on those who did not purchase health insurance was a(n) .

A) constitutional tax
B) unconstitutional surcharge
C) constitutional surcharge
D) unconstitutional tax

Question 42

Explain the U.S. Supreme Court's reasoning in upholding the constitutionality of a federally- imposed penalty on those who do not purchase health insurance as required by the Affordable Care Act (ACA).

Question 43

Which of the following statements is true about the taxing powers of the federal government?

A) The U.S. Congress can levy different taxes on different states.
B) The Internet Tax Freedom Act permanently banned taxes on the Internet.
C) States are only allowed to require a business to submit sales tax payments if the business has a store or distribution center in the state.
D) The government charges lower taxes to discourage the development of certain industries.

Question 44

Which of the following is true of police power?

A) It emphasizes maintaining order and is usually found in communities with a declining industrial base.
B) It is typically used only in cases where the law has been violated and in which a suspect must be identified and apprehended.
C) It refers to the residual powers retained by the state to enact legislation to safeguard the health and welfare of its citizenry.
D) It refers to the warning given by police to criminal suspects in custody to preserve the admissibility of their statements in criminal proceedings.

Question 45

Heather, a student, unfurled a banner having a religious slogan at school. She claims that her right to do so is protected by the U.S. Constitution. Which of the following statements is true about this scenario?

A) The Fourth Amendment protects Heather's right to be secure in her person.
B) The Sixth Amendment protects Heather's right to free speech.
C) The First Amendment protects Heather's right to free speech.
D) The Ninth Amendment protects Heather's right to be secure in her person.

Question 46

The right to petition the government for redress of grievances is protected by the Amendment to the U.S. Constitution.

A) Thirteenth
B) Ninth
C) Fourth
D) First

Question 47

Which of the following statements is true about the powers of the U.S. Congress?

A) Congress has unlimited legislative power.
B) Congress mainly possesses executive powers.
C) The primary powers of Congress are listed in Article VI of the U.S. Constitution.
D) All acts of Congress not specifically authorized by the Constitution are invalid.

Question 48

Gary, a film producer, is facing a lawsuit. One of his films portrays a lead character as having questionable moral views. Which of the following amendments to the U.S. Constitution protects Gary's right to freedom of speech?

A) Twelfth
B) Ninth
C) Fourth
D) First

Question 49

Explain how the interpretation of the Commerce Clause of the U.S. Constitution has changed, thereby empowering the U.S. Congress to regulate commerce.

Question 50

Abridgment of the right to assemble peacefully is prohibited by the Amendment to the U.S. Constitution.

A) First
B) Fourth
C) Sixth
D) Thirteenth

Question 51

power means the residual powers retained by the state to enact legislation to safeguard the health and welfare of the citizenry.

A) Supremacy
B) Commerce
C) Police
D) Delegated

Question 52

Article , Section of the U.S. Constitution gives the federal government the "Power to lay and collect Taxes, Duties, Imports, and Excises."

A) I; 6
B) I; 8
C) II; 3
D) II; 5

Question 53

Explain the additional functions served by the collection of taxes other than the generation of revenue.

Question 54

The Amendment to the U.S. Constitution guarantees freedom of speech and the press.

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

Question 55

The primary powers of the U.S. Congress are listed in the Constitution.

A) Article I of
B) Article VII of
C) the First Amendment to
D) the Fourth Amendment to

Question 56

The First Amendment to the U.S. Constitution prohibits the government from .

A) denying equal protection of the laws to any citizen
B) denying a defendant the right to a trial by jury
C) interfering with the free exercise of religion
D) performing unreasonable search and seizure

Question 57

The Commerce Clause of the U.S. Constitution .

A) provides the basis for most of the federal regulation of business
B) provides states the authority to regulate interstate commerce
C) does not regulate commerce with foreign nations
D) does not apply to the transportation of goods

Question 58

William is a candidate running for the position of mayor. Royal Blue, a corporation, provides funds to support William. William's rival files a lawsuit claiming that the corporation's spending was leaving no room for the opinion of others. Which of the following statements is true of the scenario?

A) The First Amendment to the U.S. Constitution protects Royal Blue's right to corporate political speech if it can be shown that their business or corporate assets were not materially affected.
B) The Fourth Amendment to the U.S. Constitution protects Royal Blue's right to corporate political speech if it can be shown that their business or corporate assets were not materially affected.
C) Judgment will be against Royal Blue, since an independent entity cannot contribute toward a candidate's election campaign.
D) Judgment will be against Royal Blue if they have spent more than a certain percentage of William's total campaign expenses.

Question 59

Which of the following statements is true of the Bill of Rights?

A) It consists of the first 14 amendments to the Constitution.
B) It protects activities that take place in a commercial setting.
C) It does not include the right to petition the government for redress of grievances.
D) It has not been extended to the state governments.

Question 60

Laws attempting to regulate the use of child labor in manufacturing plants were struck down due to the U.S. Supreme Court's initial narrow interpretation of the Commerce Clause.

Question 61

The Amendment to the U.S. Constitution protects individuals' right to trial by jury.

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

Question 62

The the U.S. Constitution was used to strike down the definition of marriage as per the Defense of Marriage Act (DOMA).

A) First Amendment to
B) Fourth Amendment to
C) Supremacy Clause of
D) Due Process Clause of

Question 63

Jennifer runs her own business. An auditor observes some discrepancies in the company's finances, and the case is taken to court. In a trial, a subpoena requires her to produce the books and records related to her business. Which of the following statements is true about this scenario?

A) If the business is run as a corporation, the Fifth Amendment to the U.S. Constitution's privilege against self-incrimination allows Jennifer to refuse to produce the records.
B) If the business is run as a sole proprietorship, the Fifth Amendment to the U.S. Constitution's privilege against self-incrimination allows Jennifer to refuse to produce the records.
C) The Fifth Amendment to the U.S. Constitution's privilege against self-incrimination extends to custodians of corporate records, which allows Jennifer to refuse to produce the records.
D) The Fifth Amendment to the U.S. Constitution's privilege against self-incrimination extends to all forms of business, which allows Jennifer to refuse to produce the records.

Question 64

due process refers to the basic fairness of laws that may deprive an individual of his or her liberty or property.

A) Subordinate
B) Substantive
C) Perfunctory
D) Pro forma

Question 65

Which of the following statements is true about Ballot Measure 37?

A) It was passed in the state of Florida.
B) It applies to property owners of all the states in the country.
C) It requires the government to either exempt the property from the rules or compensate for losses.
D) It provides compensation to property owners only after a 50 percent reduction in the property's value is seen due to new regulations.

Question 66

The police suspect that Jack is growing marijuana in his home. They use a thermal imaging device to provide the evidence necessary to obtain a warrant. Which of the following amendments to the U.S. Constitution renders the evidence invalid?

A) First
B) Fourth
C) Sixth
D) Ninth

Question 67

With reference to the Fourth Amendment to the U.S. Constitution, which of the following statements is true about search warrants?

A) Evidence that is seized by a police officer without having a search warrant is permitted in court.
B) To obtain a warrant to search, the property owner must have been previously convicted.
C) The items sought must be described in the search warrant.
D) A search warrant is issued by a senior police officer.

Question 68

Individuals are protected against double jeopardy by the Amendment to the U.S. Constitution.

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

Question 69

Which of the following statements is true about the Takings Clause of the U.S. Constitution?

A) Corporations are not covered by this clause.
B) It is set forth in the Fourth Amendment.
C) It requires the government to compensate the property owner only when the property is physically acquired.
D) Regulatory takings involve a government regulation that becomes so onerous as to require just compensation.

Question 70

The Due Process Clause of the U.S. Constitution .

A) is set forth in the Fourth Amendment
B) is primarily concerned with the procedures used to rehabilitate ex-convicts
C) provides that one cannot be deprived of life, liberty, or property without due process of law
D) mandates that laws which adversely affect economic interests should be passed by both the legislature and the judiciary

Question 71

Which of the following statements is true regarding substantive due process?

A) Its present usage focuses on protecting economic interests over personal interests.
B) The government must have a proper purpose to pass a law that restricts an individual's liberty.
C) Business managers are allowed to negotiate employment contracts without any restrictions.
D) It requires that a criminal whose life, liberty, or property would be taken by a conviction be given a fair trial.

Question 72

The Clause of the Fifth Amendment to the U.S. Constitution provides that if the government takes private property for public use, it must pay the owner just compensation.

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

Question 73

due process requires that a criminal whose life, liberty, or property would be taken by a conviction be given a fair trial.

A) Subordinate
B) Situational
C) Procedural
D) Pro forma

Question 74

Donald owns farming land near a forest area. Due to shortage of water in the surrounding areas, the government passes a new regulation that does not permit him to perform any agricultural activities on his land. Which of the following provisions of the U.S. Constitution is likely to help Donald obtain compensation from the government?

A) Takings Clause
B) First Amendment
C) Third Amendment
D) Supremacy Clause

Question 75

The right of individuals to be secure in their homes is protected by the Amendment to the U.S. Constitution.

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

Question 76

The Amendment to the U.S. Constitution prohibits the government from conducting unreasonable searches of individuals.

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

Question 77

Brooke is a suspect in a case of larceny. Police officers search her house without a warrant and find the missing article. Brooke's attorney argues that this cannot be used as evidence as it was obtained without a warrant to search her residence. Which of the following statements is true with regard to the scenario?

A) The evidence is not permissible since it violates Brooke's right to be secure in her home as per the Fourth Amendment to the U.S. Constitution.
B) The evidence is not permissible since it violates Brooke's right to assemble peacefully as per the First Amendment to the U.S. Constitution.
C) The evidence is valid in court as police officers are permitted to search residences.
D) The evidence is permissible since the police officers need to describe the items searched for in a formal report.

Question 78

The Fourteenth Amendment to the U.S. Constitution .

A) applies the Due Process Clause to state governments
B) applies the right to indictment by a grand jury
C) was the first amendment to add the Bill of Rights to the Constitution
D) deals with only federal jurisdiction and its laws

Question 79

The Fifth Amendment to the U.S. Constitution .

A) guarantees freedom of speech and of the press
B) protects individuals against self-incrimination
C) safeguards the right of individuals to be secure in their homes
D) prohibits the government from aiding the establishment of a religion

Question 80

Which of the following statements is true about the Fourth Amendment to the U.S. Constitution?

A) It protects an individual's right to freedom of speech.
B) It protects the right to petition for redress of grievances.
C) It prohibits the use of evidence obtained from an unreasonable search and seizure in a trial.
D) It prohibits the government from aiding the establishment of a religion.