Deck 5: Constitutional Law

Question 1

The government has the constitutional power take your house and lot to build a road,although it must pay you for the property.

Answer 1

True

Question 2

Hall was arrested for burning the American flag in a protest of governmental policy.His action is protected under the First Amendment's guarantee of free speech because flag burning is considered symbolic speech.

Answer 2

True

Question 3

Article I,Section 8 of the Constitution:

A) enumerates the issues on which Congress may pass statutes. If an issue is not on the list, Congress has no power to legislate.
B) enumerates issues on which Congress may pass statutes, but Congress may still legislate on issues not enumerated if the executive or judicial branch of government approves.
C) provides for the separation of powers into independent branches of government.
D) provides for the power of judicial review.

Answer 3

A

Question 4

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.

Question 5

The power to create laws regulating international commerce is given to Congress and the states concurrently under the U.S Constitution.

Question 6

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.

Question 7

Obscene speech is protected by the First Amendment.

Question 8

Governments can place no restrictions on the exercise of free speech.

Question 9

Professor Jones accuses Rachel,a senior at a large state university,of cheating on an exam.The Professor claims that Rachel must prove to him that she did not cheat.If she fails to convince him,she will be expelled from college.Rachel is being denied her due process rights.

Question 10

Constitutional Framer Patrick Henry:

A) was a federalist.
B) agreed with Alexander Hamilton on the role of a central government.
C) was an antifederalist.
D) urged a strong central government.
E) Both (a) and (d).

Question 11

The power to regulate international commerce can best be described as:

A) the states and the federal government share concurrent power.
B) the federal government has exclusive power.
C) the states have exclusive power to regulate.
D) the executive branch of the government has exclusive power.

Question 12

Gadberry lives in a "common interest development" (CID)and has parked his new pickup truck in his driveway.The Neighborhood Association informs him that,according to their regulations,he may not have a truck in the sight of passersby.The Association has made an unconstitutional restriction of the property rights of residents of the CID.

Question 13

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

Question 14

The Bill of Rights refers to:

A) the inalienable rights found at the beginning of the Constitution.
B) the first ten amendments to the Constitution.
C) a specific listing of individual rights found in the original text of the Constitution.
D) a grouping of individual rights set forth by the United States Supreme Court shortly after the Constitution was ratified by the states.

Question 15

A governmental classification based on gender would be subject to strict scrutiny.

Question 16

Government is permitted to regulate commercial speech more closely than other forms of speech under the First Amendment to the U.S.Constitution.

Question 17

The U.S.Constitution is a great legal document because of its:

A) longevity.
B) clarity.
C) brevity and versatility.
D) All of the above.
E) Both (a) and (c).

Question 18

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

Question 19

Congress passed the federal OSHA establishing job safety standards.Illinois passed its own statute,seeking to protect the general public and workers from hazardous wastes.The Illinois statute did not violate the Commerce Clause because it imposed no restriction on interstate commerce.Local workers were obligated to obey both the federal and the state regulations.

Question 20

By creating four independent and equal branches of the federal government,the U.S.Constitution limited the federal government's power.

Question 21

Laws that regulate economic or social issues:

A) are presumed to be invalid.
B) will be upheld if they are rationally related to a legitimate goal.
C) will be upheld only if they substantially relate to important government objectives.
D) will be closely examined by the courts to determine whether there is compelling justification for them.

Question 22

The doctrine of preemption is based on the Constitution's:

A) Commerce Clause.
B) Due Process Clause.
C) Equal Protection Clause.
D) Supremacy Clause.

Question 23

Which of the following limitations does not apply to the government in civil proceedings to take a person's liberty or property?

A) Procedural Due Process.
B) The Takings Clause.
C) Substantive Due Process.
D) The Equal Protection Clause.

Question 24

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

A) judicial restraint.
B) judicial activism.
C) judicial review.
D) the dormant aspect of its judicial power.

Question 25

When a statute discriminates based upon ethnicity,the courts will review the law using:

A) strict scrutiny.
B) intermediate scrutiny.
C) minimal scrutiny.
D) common scrutiny.

Question 26

The Supreme Court in the case of Wickard v.Filburn found that:

A) Congress had no right to regulate Filburn, a farmer, because none of the wheat he grew went into interstate commerce.
B) Congress could regulate any activity that has a substantial economic effect on interstate commerce.
C) a state statute which discriminates against interstate commerce is unconstitutional.
D) Filburn did not grow enough wheat to meet his federal quota, thereby negatively affecting the availability of that crop and subjecting him to a constitutionally imposed fine.

Question 27

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

A) affects an economic interest.
B) affects a person's right to drive.
C) differentiates on the basis of race.
D) affects a person's right to drink alcoholic beverages.

Question 28

Every year the U.S.Supreme Court receives about 8,000 requests to review cases.Of this number,the Court will hear about:

A) 10.
B) 100.
C) 200.
D) 1,000.

Question 29

A law that prohibits out-of-state residents from using a state's parks violates the Constitution's:

A) Equal Protection Clause.
B) Due Process of Law Clause.
C) Supremacy Clause.
D) Commerce Clause.

Question 30

Fundamental rights include all EXCEPT the right to:

A) drive.
B) vote.
C) exercise free speech.
D) travel.

Question 31

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?

A) Minimal scrutiny
B) Intermediate scrutiny
C) Strict scrutiny
D) Compelling interest scrutiny

Question 32

Ikerd was entering the United States from a trip abroad when the Customs Service confiscated some goods she had purchased and brought back with her.The determination of whether the government is attempting to take property and what type of hearing the Customs Service must offer Ikerd,is an analysis of:

A) substantive due process.
B) procedural due process.
C) the Takings Clause.
D) eminent domain.

Question 33

Lori and her friends burn an American flag as an act of political protest.Lori is arrested for violating a state law that prohibits flag burning.The Supreme Court has ruled that laws making it illegal to burn an American flag:

A) are void because they deny a person due process rights.
B) are void because a state court has no power to prosecute a person for burning the federal flag.
C) are void because they violate a person's right to freedom of speech.
D) are valid.

Question 34

Judicial review can best be described as the power of federal courts to:

A) review state court decisions.
B) review state executive action.
C) review state and federal legislative and executive action.
D) none of the above.

Question 35

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?

A) Yes. His equal protection rights have been violated.
B) No. Although he has a fundamental right of cohabitation, it has not been violated.
C) Yes. He and Diane are being treated differently than married couples.
D) No. Even if an equal protection violation could be proven, constitutional protections do not extend to privately owned apartment complexes.

Question 36

The "dormant" aspect of the Commerce Clause:

A) is also known as the "negative" aspect.
B) means that there are many unused powers still available to the government to regulate trade between the states.
C) guarantees that Congress has the power to regulate trade with foreign countries that have not yet developed trade practices with the United States.
D) guarantees that the states have the power, even if unused, to impose regulations affecting interstate commerce.

Question 37

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

A) valid as an exercise of police power.
B) valid, as alcohol is illegal for minors.
C) invalid as a violation of the Commerce Clause.
D) invalid as an unreasonable restriction of free speech.

Question 38

The United States v.Lopez case demonstrates which of the following?

A) There are no limitations on the federal government's power pursuant to the Interstate Commerce Clause.
B) The extensive power of the states to regulate interstate commerce.
C) Limitations on federal power.
D) Gun ownership cannot be regulated.

Question 39

The process of extending virtually all of the important constitutional protections to all levels of national,state,and local government is called:

A) extension.
B) incorporation.
C) the substantial effect rule.
D) preemption.

Question 40

The states have a severely restricted power to enact laws that affect interstate commerce.This concept is called:

A) federalism.
B) the undue burden concept.
C) constitutional hierarchy.
D) the dormant aspect of the Commerce Clause.

Question 41

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

Question 42

Identify the basic job of a President of the United States,the source of executive power,and three key powers associated with the position of President.

Question 43

Assume that the state of Ohio passed a hazardous waste statute,seeking to protect the general public and workers.The state statute did not violate the Commerce Clause because it imposed no restriction on interstate commerce.Both the state statute and the federal Occupational Safety and Health Act established job safety standards and specified worker training and employer licensing,but the requirements differed.Discuss which statute(s)Ohio corporations had to obey,and identify the source of the ans.

Question 44

Tim received a letter from his state college stating he had been expelled from the school.The letter stated his finance professor reported him to the Dean's office for cheating and that a committee had decided to expel him.He was reminded in the letter he had been disciplined earlier that same year for plagiarizing a term paper.Tim believes his due process rights have been violated by the college.Discuss what factors should be considered to determine the validity of Tim's claim.

Question 45

Jackie purchased a condominium.When she bought it,she realized the homeowners' association had a variety of rules and regulations that she would need to follow.One regulation was that no children were allowed to live in the complex.Two years after buying the condominium,Jackie gave birth to a child.She was immediately served with papers notifying her to move out of the complex.Discuss the constitutionality of the homeowners' association's action.