Deck 4: Constitutional Law

Question 1

When Congress has not intended to displace all state legislation, nonconflicting state legislation is permitted.

Answer 1

True

Question 2

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

Answer 2

True

Question 3

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

Answer 3

True

Question 4

State legislation is conflicting with federal law if (1) compliance with both state and federal law is impossible or (2) the state law "stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress."

Question 5

Federalism is the division of governing power between the federal government and the states.

Question 6

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

Question 7

The fourth Congress approved ten amendments to the U.S.Constitution, now known as the Bill of Rights, which were adopted on December 15, 1799.

Question 8

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

Question 9

Judicial review is the process by which courts review governmental action to determine whether such actions conform to the U.S.Constitution.

Question 10

Commercial speech is expression related to the economic interests of the speaker and his audience.

Question 11

Most constitutional protections apply only to governmental, or state, action.

Question 12

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

Question 13

The First Amendment allows free speech in any and all circumstances.

Question 14

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.

Question 15

Under the Equal Protection Clause, all governmental action that treats two classes of citizens differently will be invalid.

Question 16

The Contract Clause of the Constitution prevents states from retroactively modifying public charters and private contracts.

Question 17

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 18

The framers of the Constitution considered it unnecessary to include in the original document liberties that the people were to keep for themselves.

Question 19

The Bill of Rights applies directly to the states.

Question 20

The Commerce Clause allows the federal government to invalidate state laws that burden interstate commerce.

Question 21

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

Question 22

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

Question 23

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

Question 24

If Congress has not intended to displace all state legislation on a particular topic, state legislation that conflicts with the federal legislation is permitted.

Question 25

The term "eminent domain" refers to a governmental taking of private property for public use.

Question 26

The U.S.Supreme Court has held that the Takings Clause requires just compensation not only if a governmental taking actually occurs, but also if a governmental regulation reduces the value of the property.

Question 27

The constitutional protection extended to commercial speech is based on the informational function of advertising.

Question 28

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

Question 29

Under the federalist system, the states retain significant powers; however, the Supremacy Clause of the Constitution provides that within the areas of regulation that are federal in nature, federal law is supreme.

Question 30

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

Question 31

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

Question 32

Under the Due Process Clause, entitlements conferred by the government, such as social security payments, are property, which cannot be revoked without procedural due process.

Question 33

State action is a term that may include conduct by private parties who perform a public function.

Question 34

The U.S.Constitution created a federal government of enumerated powers, and legislation enacted by Congress must be based on a specific power the Constitution grants to the federal government or be reasonably necessary for carrying out an enumerated power.

Question 35

According to the U.S.Supreme Court, the "necessary and proper" clause gives Congress the authority to legislate in areas not mentioned in the list of enumerated powers if the legislation reasonably relates to an enumerated power.

Question 36

In commercial speech cases, the U.S.Supreme Court requires that any restriction on such speech must be the least restrictive possible to achieve a substantial governmental interest.

Question 37

A state regulation that does not conflict with a federal regulation may still be preempted by federal action.

Question 38

The Minnesota Housing Authority plans to begin eminent domain proceedings to acquire 100 homes to rent to low-income persons.The Housing Authority wants to pay as little as possible for the homes so that it can acquire more homes in the future, but the homeowners insist they are entitled to the fair market value of the property.In a court hearing on the matter, the homeowners are likely to prevail.

Question 39

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

Question 40

The Congressional power to borrow money on credit of the United States and to coin money have enabled the federal government to establish a national banking system, the Federal Reserve System, and specialized federal lending programs such as the Federal Land Bank.

Question 41

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 42

The doctrine aimed at preventing any branch of government from gaining too much power is:

A) judicial review.
B) federalism.
C) separation of powers.
D) preemption.

Question 43

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

A) simply by proving the falsity of the statement.
B) only if Frank was not disbarred.
C) only if he can prove that the paper acted with actual malice.
D) by only showing that harm to his character resulted from the statement.

Question 44

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

Question 45

The U.S.Supreme Court is the final authority as to the constitutionality of any federal or state law.

Question 46

In determining whether a state law unduly burdens interstate commerce, the Court considers:

A) the extent to which the law discriminates against interstate commerce in favor of local concerns.
B) only the blanket consideration of whether Congress has already legislated in the affected subject area.
C) whether the Constitution specifically allows states to regulate that subject matter.
D) only the necessity of the law to the proper functioning of the state.

Question 47

The U.S.Supreme Court held that the Due Process Clause of the Fourteenth Amendment requires a state to license a marriage between two people of the same sex and to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed in another state.

Question 48

Judicial review extends to:

A) legislation.
B) acts of the executive branch.
C) decisions of inferior courts.
D) All of these.

Question 49

The Contract Clause prevents a state from:

A) making contracts with private individuals.
B) affecting any agreements between two parties.
C) changing contracts after they have been made.
D) contracting with another state.

Question 50

The U.S.Supreme Court has eliminated the doctrine that commercial speech is wholly outside the protection of the First Amendment and now allows very narrow, limited protection of commercial speech.

Question 51

Eminent domain is a recognized inherent power of government.

Question 52

In a sex discrimination case under the Equal Protection Clause, the courts apply the strict scrutiny standard of review.

Question 53

Which of the following activities is/are regulated by the federal government through its exercise of the commerce power?

A) Commercial speech.
B) Civil rights in employment.
C) Shoplifting.
D) All of these.

Question 54

The states may enact legislation concerning a subject in which there is a federal statute if:

A) Congress has not clearly indicated that it intends to control that subject matter.
B) the states petition the Supreme Court for permission.
C) the state legislation falls within the Necessary and Proper Clause.
D) the states reserve the right at the time the federal statute is enacted.

Question 55

The Citizens United decision holds that political spending is not a form of protected speech under the First Amendment and that the government may prevent corporations or unions from spending money to advocate the election or defeat of a candidate .

Question 56

The intermediate equal protection test:

A) does not require governmental classification to bear a substantial relationship to an important governmental objective.
B) eliminates the strong presumption of constitutionality that exists 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 57

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 58

Classifications based on age and sex are examples of "suspect classifications" in the context of the Equal Protection Clause of the Constitution.

Question 59

In relation to the Takings Clause, public use has been held to be synonymous with public purpose.

Question 60

There is no state action when a court orders enforcement of a private agreement among property owners since the property owners are private individuals.

Question 61

The U.S.Constitution vests power in the branches of government that form a "checks and balances" system.Those branches of government include:

A) executive.
B) legislative
C) judicial.
D) All of these.

Question 62

The U.S.Constitution provides that Congress has the power to regulate commerce with other nations and among the states.The Commerce Clause has what effect(s)?

A) It provides a broad source of power for the federal government to regulate the economy.
B) It restricts state regulations that obstruct or unduly burden interstate commerce.
C) Both of these.
D) Neither of these.

Question 63

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

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

Question 64

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 and Tenth
B) Fifth and Fourteenth
C) Fourth and Fourteenth
D) Fourteenth and Fifth

Question 65

The U.S.Constitution reserves to the states or to the people:

A) powers also delegated to the federal government by the Constitution.
B) the powers the Constitution does not prohibit to the states.
C) police power.
D) employee safety matters.

Question 66

John is a Haitian who has obtained U.S.citizenship.The state he lives in passes a law that all Haitian-born citizens must submit to AIDS testing.The courts will review this law based on:

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

Question 67

A classic and important example of strict scrutiny of classifications based upon race is the 1954 school desegregation case of:

A) Board of Curators of the University of Missouri v. Horowitz.
B) Brentwood Academy v. Tennessee Secondary School Athletic Association.
C) Parents Involved in Community Schools v. Seattle School District No. 1.
D) Brown v. Board of Education of Topeka.

Question 68

The Commerce Clause in combination with the __________ limits the power of the states to tax.

A) Fifth and Fourteenth Amendments
B) Equal Protection Clause of the Fourteenth Amendment
C) Takings Clause
D) Import-Export Clause

Question 69

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 70

In the Brentwood Academy v.Tennessee Secondary School Athletic Association case, the U.S.Supreme Court held that:

A) state action may be found only if there is such a close nexus between the state and the challenged action that seemingly private behavior may be fairly treated as that of the state itself.
B) as an express conclusion of law, public school officials do not necessarily act within the scope of their duties when they represent their institutions.
C) as an express conclusion of law, public school officials act within the scope of their duties when they represent their institutions.
D) the Association had a majority of private school memberships which prevented the action of the Association from being considered state action.

Question 71

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) All of these.

Question 72

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.
D) Congress may not enact legislation that affects the states.

Question 73

The __________ case involved the issue of the validity of a government restriction on commercial speech under the First Amendment.

A) Williamson v. Mazda Motor of America, Inc.
B) Thompson v. Western States Medical Center
C) First National Bank v. Bellotti
D) Austin v. Michigan Chamber of Commerce

Question 74

The Bill of Rights:

A) serves as a major restriction on the powers and authority of the federal government.
B) 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) consists of ten amendments to the U.S. Constitution that were adopted in 1791.
D) All of these are correct.

Question 75

Like the federal government's power to tax, its power to spend will be upheld so long as it does not:

A) violate a specific constitutional limitation on federal power.
B) restrict the states' constitutional limitations.
C) cause undue hardship to the states.
D) interfere with commercial trade.

Question 76

Commercial speech:

A) would not include an advertisement for a service.
B) must concern lawful activity and not be misleading in order to receive First Amendment protection.
C) is more valuable than other varieties of speech.
D) All of these.

Question 77

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 78

Because defamation involves a communication, the protection of the __________ Amendment applies.

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

Question 79

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) to mean that the Court may invalidate legislation enacted by Congress when the activity affects the individual states' regulation of their own role in interstate commerce.

Question 80

According to the __________ 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."

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