Deck 4: The Constitution As the Foundation of the Legal Environment

Question 1

The power of the states to adopt laws to protect the general welfare of the people is called ex post facto.

Answer 1

False

Question 2

When there is a direct conflict between a federal and a state law, federal law prevails under the supremacy clause.

Answer 2

True

Question 3

The United States utilizes a bicameral division of government.

Answer 3

False

Question 4

The privileges and immunities clause means that if a business owner moves from California to Texas, she can engage in the same business.

Question 5

Ex post facto laws can be adopted by either the states or the national government.

Question 6

Some of the powers delegated to the national government may be exercised by the states.

Question 7

The powers given by the federal government to the states are described as delegated powers.

Question 8

The requirement that a business be licensed would be an example of a shared power.

Question 9

A constitution is the written document that establishes the structure of the government and its relationship to the people.

Question 10

A strong President is one of the characteristics of a "living Constitution."

Question 11

"Preemption" means that the federal regulatory scheme is controlling.

Question 12

Congressional 'silence' in particular subject area could mean Congress doesn't want to regulate in that particular subject area.

Question 13

For the past century, the United States Supreme Court has generally followed the "living document" view in interpreting the Constitution.

Question 14

Under the "bedrock view" of Constitutional interpretation, the purpose of a constitution is to state certain fundamental principles for all time.

Question 15

The Due Process clause now guarantees protection against loss of property rights without a chance to be heard.

Question 16

The greatest changes to the Constitution have been made by United States Supreme Court decisions.

Question 17

In a federal system, a central government is given power to act nationally, while states administer to local concerns.

Question 18

Many changes have been made to the Constitution by the constitutional method of amending.

Question 19

In a "bedrock view" the Constitution is merely a statement of goals and objectives, intended to grow and change with time.

Question 20

One of the characteristics of the "living" Constitution is limited government.

Question 21

The Bill of Rights provides protection for corporations.

Question 22

Government restrictions on the form, content, and placement of commercial speech on are rarely found constitutional.

Question 23

The Fifth and Fourteenth Amendments prohibit the national and state governments from depriving any person of property without due process of law.

Question 24

Like the Declaration of Independence, the U.S. Constitution refers to our fundamental rights as "unalienable" rights.

Question 25

Federal supremacy refers to:

A) the power of the President.
B) the power of the Supreme Court to make decisions.
C) the power of the federal government to legislate in certain areas.
D) the power of the federal government to declare war.

Question 26

The Second Amendment provides for the right to keep and bear arms.

Question 27

Administrative agencies are, in effect, a fourth branch of the government.

Question 28

According to the Privileges and Immunities clause, a state cannot bar someone who comes from another state from engaging in local business or from obtaining a hunting or fishing license.

Question 29

Federal judges of the United States:

A) are appointed by the President, with the approval of the Senate.
B) are appointed by the Senate, with the approval of the President.
C) cannot be impeached.
D) are elected by the public.

Question 30

The Due Process clause has extended the due process clause to protect the record or standing of a student.

Question 31

A business' right to commercial speech - or advertising - has the same protections as a natural person.

Question 32

The Constitution prohibits the government from treating different people differently.

Question 33

A declaration of war:

A) can be enacted by both state and federal governments.
B) can be enacted only by the national government.
C) can be enacted only by state governments.
D) is prohibited by the U.S. Constitution.

Question 34

When we speak of government regulation of business we ordinarily mean state government regulation, not federal government intervention.

Question 35

A hearing before an administrative law judge is considered a quasi-judicial proceeding.

Question 36

The power to tax income:

A) is possessed only by the federal government.
B) is possessed only by state governments.
C) may be exercised concurrently by both state and federal governments.
D) is controlled exactly like the power to wage war.

Question 37

When the federal government deregulates an industry, the states automatically have the power to regulate the same industry.

Question 38

A business does not have the constitutional right to participate in the political process or donate money to candidates.

Question 39

The Fifth Amendment protects individuals and corporations from unreasonable searches in their homes, and places of business.

Question 40

Until 1937, the Supreme Court held that the Commerce Clause gave Congress the power to regulate only interstate commerce, such as an interstate telegraph message.

Question 41

The head of the Department of Transportation reviewed a film that demonstrated the effectiveness of air bags in automobiles. He then passed a rule that Ford Motor Company must retrofit, without charge to the automobile owner, all of its 1985 models as an experiment on the safety of the air bag. Ford refused to do so. The DOT held a hearing and decided to fine Ford $1 million for violating its regulation. A notification of this decision was mailed to Ford. What constitutional issues does this case raise?

Question 42

A(n)___________ is the power to adopt laws that protect the general welfare, health, safety, and morals of the people.

A) Ex post facto law
B) State's shared power
C) Delegated power
D) State's police power

Question 43

Within the past five years, the U.S Supreme Court has:

A) placed some limitations on the commerce clause.
B) increased Congressional authority for all activities that have economic impact.
C) given states the ability to override the federal government on interstate commerce issues.
D) become more conservative.

Question 44

California passed a law prohibiting any transporting of nuclear waste in the state unless the company doing so is a resident or is owned by residents of California. What constitutional issues does this law raise?

Question 45

In a living-document view, the U.S. Constitution is a document that:

A) is clear in allocating the rights and responsibilities of people and our government.
B) can be interpreted only according to the bedrock principles of 1776.
C) can be interpreted only in accordance with current values.
D) must be interpreted to accommodate both stability and flexibility.

Question 46

The concept of equal protection of the law:

A) applies to both state and federal governments.
B) prohibits any classifications whatsoever.
C) applies only to conduct by private parties.
D) does not permit reasonable classifications.

Question 47

A school district supplied school bus service for all children 12 years of age or under who lived at least one mile from school. This service was provided for transportation to and from school. Joanna was a 13-year-old student who lived in that school district. Joanna's home was 1.2 miles from school. Her parents brought suit against the school district alleging that Joanna was entitled to school bus service and the failure to provide such service denied her the equal protection of the law. Discuss the probable outcome of the lawsuit.

Question 48

Powers delegated to the national government that may be exercised by the states are referred to as ________.

A) ex post facto powers
B) shared powers
C) police powers
D) delegated powers

Question 49

The equal protection clause prohibits a statute from treating one person differently from another:

A) when there is no reasonable ground for classifying them differently.
B) unless the statute discriminates on the basis of cultural standards.
C) unless the statute is clearly arbitrary or capricious.
D) if the statute discriminates on the basis of gender.

Question 50

Federal law __________ conflicting state regulation when a federal law regulates that particular subject.

A) coincides with
B) is subordinate to
C) parallels
D) preempts

Question 51

Which of the following powers is not reserved solely to the national government?

A) power to regulate interstate commerce
B) power to tax
C) power to coin money
D) power to borrow money on the credit of the United States

Question 52

When the President negotiates a treaty with a foreign country and submits it to the Senate for approval, the president's action is:

A) an express Constitutional amendment.
B) an amendment by judicial interpretation.
C) an amendment by practice.
D) the power of manifest destiny.

Question 53

The greatest changes to the written Constitution have been brought about by:

A) departure by treaty.
B) judicial interpretation.
C) constitutional amendment.
D) amendment by practice.

Question 54

Which of the following is not characteristic of the "living" Constitution?

A) strong government
B) strong President
C) administrative agencies
D) states' powers equal to federal powers

Question 55

The due process clause:

A) allows the U.S. government to take private property without due process.
B) allows a state to take private property without due process.
C) provides a guarantee of protection against loss of rights or property without the chance to be heard.
D) does not apply to state governments.

Question 56

The commerce clause of the Constitution:

A) prohibits the U.S. government from engaging in interstate commerce.
B) prohibits the U.S. government from regulating interstate commerce.
C) has been expanded by Supreme Court interpretations to give the U.S. government the power to regulate the general welfare of the nation.
D) was declared unconstitutional in 1937.

Question 57

The "living-document" view of the Constitution has all of the following characteristics except:

A) strong federal government
B) strong president
C) various administrative agencies with significant power
D) constructionist view of the Bill of Rights.

Question 58

Which of the following is true about administrative agencies?

A) Administrative agencies exercise powers guaranteed to them in the U.S. Constitution.
B) Administrative agencies exercise powers allocated to them by the president.
C) Administrative agencies make decisions that are rarely reviewed by the courts.
D) Administrative agencies make decisions that are effectively reviewed by voters.

Question 59

Which of the following statements regarding the commerce clause is FALSE?

A) If the federal government establishes safety device regulations for interstate carriers, a state cannot require different devices.
B) States may not use their tax power for the purpose of discriminating against interstate commerce.
C) The commerce clause empowers Congress to regulate interstate commerce, but not commerce with foreign nations.
D) A state cannot refuse to allow an interstate waste collector to conduct business within the state on the grounds that the state already has enough waste collectors.

Question 60

Which of the following is not protected under the privileges and immunities clause?

A) right to go to another state and make a contract
B) right to go to another state and vote in local elections
C) right to go to another state and purchase property
D) right to go to another state and open a business