Deck 4: Constitutional Law

Question 1

State governments have the authority to regulate affairs within their borders.

Answer 1

True

Question 2

State regulatory powers are often referred to as police powers .

Answer 2

True

Question 3

Because the commerce clause only allows federal regulation of interstate commerce, it does not allow Congress to regulate decisions about hiring, workplace safety, or company finances.

Answer 3

False

Question 4

Only Congress may pass a law in conflict with the Constitution.

Question 5

Congress can spend revenues to promote any objective it deems worthwhile, even if it violates the Constitution.

Question 6

The U.S. Constitution divides powers among four branches of government.

Question 7

The system of checks and balances in the U.S. Constitution allows each branch of government to limit the actions of the other two branches.

Question 8

The U.S. Constitution is the supreme law of the United States.

Question 9

The national government has the implied power to pass laws to carry out its expressly designated powers.

Question 10

Local governments, including cities, exercise police powers.

Question 11

When there is a direct conflict between a federal law and a state law, both laws are invalid.

Question 12

Under the Ninth Amendment, people have no rights except those specified in the Constitution.

Question 13

Preemption occurs when a state chooses to act exclusively in a concurrent area.

Question 14

Nonverbal expressive conduct is a constitutionally protected form of expression.

Question 15

The dormant commerce clause invalidates every state regulation that may impact interstate commerce.

Question 16

A federal regulation that substantially interferes with interstate commerce violates the commerce clause.

Question 17

Restrictions on speech must be content neutral and reasonable .

Question 18

The commerce clause justifies national regulation of noneconomic conduct.

Question 19

Interstate commerce crosses state lines and is under state jurisdiction.

Question 20

Symbolic speech is not a constitutionally protected form of expression.

Question 21

A law based on a suspect trait will stand under the equal protection clause only if it is necessary to promote a compelling government interest .

Question 22

Political speech by corporations falls within the protection of the First Amendment.

Question 23

The U.S. Constitution does not explicitly mention a right to privacy.

Question 24

A law that that limits a fundamental right will not be held to violate substantive due process.

Question 25

In situations not involving fundamental rights, the government must draft regulations that are closely related to an important government interest.

Question 26

The government must not place a substantial burden on religious practices .

Question 27

Substantive due process requires that a person have an opportunity to object to a proposed action before a fair, neutral decision maker .

Question 28

A federal form of government is one in which the national government shares sovereign power with

A) no one.
B) the states.
C) administrative agencies.
D) the people.

Question 29

The government may regulate religious practices for good reasons such as public welfare or public policy .

Question 30

Privacy rights are protected exclusively under federal laws and not under state statutes.

Question 31

Procedural due process focuses on the content of legislation .

Question 32

American Hospital Organization (AHO), a political lobbying group, wants a certain healthcare payment policy enacted into law. If AHO's policy conflicts with the U.S. Constitution, a law containing that policy can be passed by

A) Congress.
B) a state legislature.
C) the President.
D) no entity.

Question 33

Generally, given the broad language of the Constitution, the line between state and national powers lies is determined by

A) Congress .
B) the courts .
C) the President .
D) the administrative branch .

Question 34

Equal protection means that the government must treat individuals based on the differences in their situations and not the similarities.

Question 35

The Constitution sets out the authority and the limits of the branches of the government. The term checks and balances means that

A) Congress writes checks and the other branches balance the budget .
B) each branch has some power to limit the actions of the others .
C) the courts balance their authority to the other branches' checklists .
D) the president "checks" the courts, which "balance" the laws .

Question 36

If a restriction imposed by the government is content neutral, then it is not constitutionally protected.

Question 37

The Fifth Amendment allows persons to be deprived of property without due process of law.

Question 38

A state may not restrict certain kinds of advertising in the interest of preventing consumers from being misled.

Question 39

Steel Fabricators, Inc., markets its products to businesses and individual consumers on an interstate basis. Under the commerce clause, Congress has the power to regulate

A) only interstate commercial enterprises.
B) only intrastate (within state boundaries) commercial enterprises.
C) only local commercial enterprises.
D) only non -commercial enterprises.

Question 40

Symbolic speech is action that a reasonable person would think conveys a message.

Question 41

The state of Ohio regulates private activities to protect or promote the public order, health, safety, morals, and general welfare under its

A) police powers.
B) taxing powers.
C) spending powers.
D) supremacy powers.

Question 42

The Rapid Transit Institute wants the federal government to spend money on inner city and inter-city light rail systems. Congress can spend revenue

A) only to carry out Congress's constitutionally enumerated powers.
B) to promote any constitutional objective that Congress deems worthwhile.
C) without regard to whether the expenditure violates the Bill of Rights.
D) without regard to whether the expenditure violates the Constitution.

Question 43

A rule issued by the federal Environmental Protection Agency (EPA) limits the amount of carbon that can be emitted from a car's exhaust system. California state law allows much higher amounts of pollution. Under the supremacy clause

A) both the rule and the law are invalid.
B) both the rule and the law apply concurrently.
C) California law controls.
D) the EPA rule controls .

Question 44

Congress enacts the Income Tax Exception Act (ITEA) to exempt the citizens of North Carolina from federal taxes until structures on the barrier islands are rebuilt from the destruction of a recent hurricane. Most likely the ITEA is a violation of

A) no provision in the U.S. Constitution.
B) the commerce clause.
C) the taxing and spending powers.
D) the supremacy clause.

Question 45

A federal law regarding the sale of health insurance directly conflicts with a state law. The state law will be rendered invalid due to

A) no provision in the U.S. Constitution.
B) the commerce clause.
C) the taxing and spending powers.
D) the supremacy clause.

Question 46

The commerce clause gives Congress the authority to regulate interstate commerce. The idea that this power is exclusive to the federal government is referred to as the

A) dormant commerce clause.
B) due process clause.
C) police power.
D) supremacy clause.

Question 47

Taco Hot Dogs, Inc., regularly advertises its products. Under the First Amendment, in comparison with noncommercial speech, the protection given these ads is

A) equally extensive.
B) less extensive.
C) more extensive.
D) non-existent.

Question 48

Oklahoma enacts a statute to ban advertising in "bad taste." Most likely, a court would hold this statute to be

A) an unconstitutional restriction of speech .
B) constitutional under the First Amendment .
C) justified by the need to protect individual rights .
D) necessary to protect national interests .

Question 49

Evelyn creates a website to post threatening messages about celebrities. The First Amendment protects such speech

A) all of the time .
B) none of the time .
C) only if it is noncommercial .
D) only if it is symbolic .

Question 50

Lake City enacts an ordinance that bans the distribution of all printed materials on city streets. Mackensie opposes the city's latest "revenue-enhancing" measure and wants to protest by distributing handbills. In her suit against Lake City, a court would likely hold the ban on printed materials to be

A) constitutional under the First Amendment   because it is narrowly tailored to achieve a compelling government interest.
B) not subject to the U.S. Constitution.
C) unconstitutional under the commerce clause because it regulates activity that does not impact interstate commerce .
D) unconstitutional under the due substantive process clause because it limits a fundamental right.

Question 51

Most of the guarantees in the Bill of Rights have been held to prohibit

A) federal actions only.
B) federal and state actions.
C) neither federal nor state actions.
D) state actions only.

Question 52

Mary creates a t-shirt design that expresses support for Nash, a presidential candidate, and distributes t-shirts to all of her friends. The t-shirts are an example of

A) unprotected speech .
B) controlled speech .
C) symbolic speech .
D) illegal speech .

Question 53

Rita, a follower of a certain religion, posts a podcast on the Sabbath! website in which she insists that Congress base all federal law on her religious principles. If Congress does so, it likely is violating

A) the establishment clause.
B) the equal protection clause.
C) the due process clause.
D) the free exercise clause.

Question 54

Leah, a citizen of Maine, obtains a federal license to operate a commercial fishing boat in a certain area off the Maine coast. The Maine state legislature enacts a law that bans all commercial fishing in that area. Most likely, the state law violates

A) no provision in the U.S. Constitution.
B) the equal protection clause.
C) the due process clause.
D) the supremacy clause.

Question 55

The members of Citizens Aware believe that a recently enacted federal law is unconstitutional. They write and sign a petition to the government to repeal the law. They also refuse to obey it and take steps to prevent others from complying with it. Under the First Amendment, these individuals have a right to

A) petition the government.
B) refuse to obey any law with which they disagree.
C) stop others from complying with any law.
D) declare a statute unconstitutional.

Question 56

VidGames, Inc. supports a particular political candidate and wants to donate a large amount of money to that candidate. This is

A) allowed as corporate political speech .
B) not allowed because corporations cannot engage in political speech .
C) not allowed because giving money is not speech .
D) allowed because corporations can spend money any way they wish .

Question 57

A statute enacted by the Wyoming state legislature to regulate trucking affects interstate commerce. In evaluating this statute, the courts will weigh the burden that it imposes on interstate commerce against

A) the courts' authority to determine that a law is unconstitutional .
B) the purpose of interstate commerce .
C) the state's interest in regulating the matter .
D) the statute's impact on noneconomic activity .

Question 58

Under the First Amendment, corporate political speech is

A) discouraged .
B) forbidden .
C) protected .
D) required .

Question 59

Serene City enacts an ordinance that bans the use of "sound amplifying systems" on public streets in order to reduce the noise pollution and its negative effects on downtown businesses, including a local school that was having problems in the classroom because of the noise. Tyler wants to campaign for a seat on the city council by broadcasting his message through speakers mounted on a truck. In Tyler's suit against the city, a court would likely hold the ordinance to be

A) an unconstitutional restriction of speech  because Tyler's speech is political .
B) constitutional under the First Amendment as a reasonable, content-neutral restriction .
C) justified by the need to protect individual rights .
D) necessary to protect national interests .

Question 60

George burns an American flag in his backyard. He films his actions and posts the video on YouTube.com. George's actions are

A) expressly prohibited by the Constitution .
B) protected by the First Amendment .
C) subject to reasonable restrictions under the due process clause .
D) given strict scrutiny under the equal protection clause.

Question 61

Under the First Amendment, obscene speech is

A) highly protected political speech.
B) moderately protected commercial speech.
C) highly protected symbolic speech.
D) not protected.

Question 62

Center City enacts an ordinance that imposes a jail term, without a trial, on all vendors who operate in certain areas. A court would likely review this ordinance under the principles of

A) equal protection.
B) free exercise.
C) due process.
D) free speech

Question 63

Marie claims that a Nebraska state statute infringes on her "procedural due process" rights. This claim focuses on

A) policies and processes used to limit the use of her property.
B) the content of the statute in limiting the use of her property .
C) the similarity of the treatment of similarly situated individuals owning property.
D) the steps to be taken to protect Marie's privacy.

Question 64

Kim operates Kim's Fruits & Vegetables, a small market in the middle of Colorado stocked entirely with produce grown on his adjacent farm. Under what clause of the Constitution can the federal government regulate Kim's activities? What is Kim's best argument against federal regulation of his farm and business?

Question 65

Pat stands in front of Rooster's Round-Up Café, shouting "fighting words" that are likely to incite Rooster's patrons to respond violently. The First Amendment protects such speech

A) all of the time .
B) none of the time .
C) only if it is noncommercial .
D) only if it is symbolic .

Question 66

Congress enacts the Ad Restriction Act (ARA) to limit advertising in certain circumstances. The ARA will be considered valid if it directly advances a substantial government interest

A) and goes no further than necessary to achieve its objective.
B) without regard to how "far" it goes.
C) and the parties affected by it can elect how "far" to go in applying it.
D) and goes further than necessary to ensure full coverage.

Question 67

Georgia enacts a law requiring all businesses in the state to donate 10 percent of their profits to Protestant churches that provide certain services to persons whose income is below the poverty level. PriceLess Stores files a suit to block the law's enforcement. The court would likely hold that this law violates

A) no clause in the U.S. Constitution.
B) the establishment clause.
C) the free exercise clause.
D) the supremacy clause.

Question 68

To reduce traffic , Market Town enacts an ordinance that allows only street vendors selling clothing to operate in certain areas and street vendors selling food or other goods are not allowed in those areas. A court would likely review this ordinance under the principles of

A) equal protection.
B) free exercise.
C) due process.
D) free speech

Question 69

Adult Shop in Bay City sells a variety of publications, including child pornography. Bay City enacts an ordinance prohibiting the sale of child pornography. This ordinance is most likely

A) an invalid restriction of individuals' privacy.
B) an unconstitutional restriction of speech.
C) a violation of adults' rights to enjoy certain privileges.
D) constitutional under the First Amendment.

Question 70

The Wisconsin state legislature enacts a statute that prohibits the advertising of video games "because the games might be harmful to minors." Despite this new statute, the president of xGamez, Inc., orders xGamez marketers to place ads in various media. When an xGamez ad appears on YUTV, a local television station, xGamez and YUTV are charged with violating the statute. What is the defendants' best defense against a conviction?

Question 71

Jared claims that a Kentucky state statute infringes on his "substantive due process" rights. This claim focuses on

A) policies and processes used to limit the use of his property.
B) the content of the statute in limiting his use of his property .
C) the similarity of the treatment of similarly situated individuals owning property.
D) the steps to be taken to protect Jared's privacy.

Question 72

The right to privacy

A) is found directly in the constitution.
B) is found in several amendments of the constitution.
C) is found only in state statutes and not in federal law.
D) is found only in federal statutes and not in the constitution.