Deck 5: Constitutional Law

Question 1

If there is a conflict between a state and federal law,generally the federal law will prevail becauseofthe

A)federalism doctrine.
B)Supremacy Clause.
C)paramount doctrine.
D)Interstate Commerce Clause.

Answer 1

B

Question 2

Misleading commercial speech may be outlawed altogether without violating the Constitution.

Answer 2

True

Question 3

Obscene speech is protected by the First Amendment.

Answer 3

False

Question 4

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 5

Congress passed the federal OSHA establishing job safety standards.Illinois passed its own statute,which had slightly more lenient standards.Illinois workers are only held to the state standards unless they are involved in interstate commerce.

Question 6

The 14th Amendment's Equal Protection Clause "strict scrutiny" test will be used when the legislation

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 7

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 8

The amendments to the U.S.Constitution protect the people from the power of state and federal governments.

Question 9

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

Question 10

By creating three independent and equal branches of the federal government,the U.S.Constitution prevented the federal government's power from being concentrated in one person.

Question 11

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

Question 12

Eminent domain refers to the government's ability to take private property for public use.

Question 13

The "takings clause" prevents the government from taking private property for any reason.

Question 14

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

Question 15

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 16

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 17

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 states have extensive power to regulate interstate commerce.
C)There are limitations on federal power.
D)Gun ownership cannot be regulated.

Question 18

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

Question 19

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

Question 20

The primary source of federal power to regulate business is the

A)Supremacy Clause.
B)Commerce Clause.
C)Contract Clause.
D)Privilege and Immunities Clause.

Question 21

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. His fundamental right of cohabitation has not been violated.
C)Yes. He and Diane are being treated differently than married couples.
D)No. Constitutional protections do not extend to privately-owned apartment complexes.

Question 22

Smalltown,located in a border state,seemed to favor Caucasians over Latinos in its hiring practices.The courts will review the practice using

A)minimal scrutiny.
B)intermediate scrutiny.
C)strict scrutiny.
D)Supremacy Clause scrutiny.

Question 23

Generally,constitutional protections do NOT apply to

A)acts of the federal government.
B)acts of state government.
C)acts of administrative agencies.
D)acts of privately owned businesses.

Question 24

The idea that courts should not be heavily involved in lawmaking,but rather should only rule in cases where the constitutionality is clear is known as

A)judicial review.
B)judicial activism.
C)judicial reform.
D)judicial restraint.

Question 25

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 26

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 27

A government action interfering with a fundamental right will be judged using

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

Question 28

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 29

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

A)abstain from adjudicating major issues and to leave such matters to legislatures.
B)take it upon itself to decide issues on constitutional grounds.
C)declare a statue or governmental action unconstitutional and void.
D)take private property for public use.

Question 30

The issue of the constitutional protections afforded flag burning was addressed in

A)Texas v.Johnson.
B)United States v. Lopez.
C)Marbury v. Madison.
D)Palmore v. Sidoti.

Question 31

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 32

Nevada passed a law banning all commercial billboards along state highways to improve the appearance of the environment.If this law were to be challenged,which of the following would a court examine to determine if the law is constitutional?

A)It would have to be established that the law furthers an interest of the state of Nevada to create a more aesthetically pleasing environment.
B)It would have to be shown that the law directly and materially advances the state's goal of a more aesthetically pleasing environment.
C)It would have to be shown that the law reaches no further than necessary to promote the state goal.
D)All of the above.

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

When Congress passed a criminal statute called the "Gun-Free School Zones Act," the Supreme Court ruled that

A)the law was valid as a proper exercise of the power to regulate interstate commerce.
B)the law was void for vagueness; thus, it was not valid.
C)the law was not valid since Congress exceeded its power under the Commerce Clause.
D)although the law was not a proper exercise of the power to regulate interstate commerce, Congress had the power to create such legislation on other grounds. Therefore, the statute was valid.

Question 35

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 36

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 37

A form of due process that holds that certain rights are so fundamental that the government may not eliminate them is referred to as

A)procedural due process.
B)judicial restraint.
C)substantive due process.
D)eminent domain.

Question 38

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 39

Thompson raised 80 acres of corn,most of which he used to feed his own cattle.He locally sold what he did not use.Based on the Supreme Court's ruling in Wickard v.Filburn,

A)Congress has no authority over Thompson's activity based on the negative aspect of the Commerce Clause.
B)Congress may regulate Thompson's farming activity because it has a substantial economic effect on interstate commerce.
C)only Thompson's local government can regulate his farming activity.
D)only Thompson's state and local governments can regulate his farming activity.

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

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 answer.

Question 43

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 44

Jackie purchased a condominium.When she bought it,she realized the homeowner's 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 homeowner association's action.

Question 45

Tim received a letter from his state college stating that 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.