Deck 6: The Constitution

Question 1

Constitutional guarantees exist in order to remove certain issues from the political process and the ballot box.

Answer 1

True
Explanation: Constitutional guarantees exist in order to remove certain issues from the political process and the ballot box. They exist to protect the minority from the majority.

Question 2

Freedom of speech is an absolute constitutional guarantee.

Answer 2

False
Explanation: Although freedom of speech is not absolute, it is as close to being absolute as any constitutional guarantee. It exists to protect the minority from the majority.

Question 3

A conflict exists between a state law and a federal law if the state statute would prevent or interfere with the accomplishment and execution of the full purposes and objectives of Congress.

Answer 3

True
Explanation: A conflict exists between a state law and a federal law if the state statute would prevent or interfere with the accomplishment and execution of the full purposes and objectives of Congress. It is immaterial that a state did not intend to frustrate the federal law if the state law in fact does so.

Question 4

The establishment clause and the free exercise clause guarantee freedom of religion through the separation of church and state.

Question 5

The concept of federalism recognizes that all levels of government have interrelated roles to play.

Question 6

Basic constitutional rights are absolute.

Question 7

The federal government recognizes that states have no sovereignty.

Question 8

The establishment clause deals with freedom of speech.

Question 9

A state statute that permits indirect purchasers to collect damages for overcharges resulting from price-fixing conspiracies is preempted by the National Labor Relations Act.

Question 10

The contract clause applies to the federal government in many ways.

Question 11

Labeling an activity a "local" or "intrastate" activity prevents Congress from regulating it under the commerce clause.

Question 12

A key aspect of Article I is the commerce clause,the constitutional provision that gives the power to the government to regulate business.

Question 13

The extent of any limitation on a basic constitutional guarantee depends upon the nature of the competing public policy.

Question 14

The concept of preemption applies only to federal statutes,not to the rules and regulations of federal administrative agencies.

Question 15

The contract clause restricts the federal government's power to impact contractual relationships.

Question 16

Freedom of speech recognizes that there is no such thing as a false idea.

Question 17

Article VI of the U.S.Constitution makes it clear that federal law is supreme over a state law or local ordinance.

Question 18

Constitutional rights remain constant and do not vary from time to time.

Question 19

Under the contract clause,states cannot enact laws that impact rights and duties under existing contracts.

Question 20

The first ten amendments are known as the Bill of Rights.

Question 21

Under the strict scrutiny test,a classification will be a denial of equal protection unless the classification is necessary to achieve a compelling state purpose.

Question 22

The public interests served by freedom of expression protect the listener but not the speaker.

Question 23

Which of the following is given first priority when various laws are not consistent?

A) U.S. Constitution
B) state laws
C) local laws
D) U.S. laws
E) federal laws

Question 24

A major area of litigation involving freedom of the press involves defamation.

Question 25

Eminent domain means the government can take private property for public use upon paying just compensation.

Question 26

______ states the Constitution will become effective upon ratification of the states.

A) Article I
B) Article II
C) Article III
D) Article VII
E) Article V

Question 27

The separation of powers between levels of government is known as ______.

A) feudalism
B) federalism
C) imperialism
D) monarchism
E) fascism

Question 28

Which of the following statements is true of federalism?

A) Federalism allows state government to limit the federal government's exercise of powers.
B) Federalism is typically a smooth process and is rarely discussed in a court of law.
C) Federalism recognizes that all levels of government have interrelated roles.
D) The federal government can impair the ability of the state government to function in the federal system.
E) The federal government recognizes that it was created by the states.

Question 29

The ______ creates the Congress,the presidency and vice presidency,and the Supreme Court of the United States.

A) Perpetual Union
B) Articles of Association
C) United States Charter
D) United States Constitution
E) Bill of Rights

Question 30

Freedom of speech provides the freedom to express ideas antagonistic to those of the majority.

Question 31

Quasi-strict scrutiny has resulted in holdings that find laws to be valid as well as unconstitutional.

Question 32

The publishing business is the only organized private business given explicit constitutional protection.

Question 33

The ______ to the U.S.Constitution reinforces federalism by reserving some powers to the states and to the people.

A) First Amendment
B) Second Amendment
C) Tenth Amendment
D) Thirteenth Amendment
E) Twelfth Amendment

Question 34

Under the minimum rationality approach,a classification must be wholly arbitrary.

Question 35

Due process clause applies to the actions of individuals or businesses.

Question 36

The due process clause prevents public utilities from acting in an unreasonable manner.

Question 37

A libel is used to recover damages as a result of transitory statements.

Question 38

Freedom of speech protects corporations as well as individuals.

Question 39

The takings clause of the Fifth Amendment to the Constitution provides individuals the right to possess and use guns in their homes.

Question 40

If the press publishes that which is illegal or libelous,it has liability for doing so.

Question 41

An airport authority resolution declared the central terminal area "not open for First Amendment activities." The resolution was unconstitutional under the First Amendment ______.

A) strict liability doctrine
B) overbreadth doctrine
C) implied power doctrine
D) plain view doctrine
E) abstention doctrine

Question 42

A municipality zoning ordinance attempts to regulate the placement of satellite dish antennas in residential areas by specifying the size and location requirements.The Supreme Court rules that the zoning ordinance is unconstitutional as it violates the Federal Communications Commission Regulation law.In this case,the ruling of the Supreme Court illustrates the concept of ______.

A) preemption
B) the contract clause
C) the exclusion clause
D) minimum rationality
E) defamation

Question 43

Which of the following clauses states that Congress shall make no law respecting an establishment of religion?

A) the due process clause
B) the supremacy clause
C) the commercial clause
D) the takings clause
E) the establishment clause

Question 44

Under the ______,courts may be called upon to decide if a state law is invalid because it conflicts with a federal law.

A) minimum rationality approach
B) exclusion clause
C) strict scrutiny approach
D) supremacy clause
E) contract clause

Question 45

Which of the following statements is true of preemption?

A) When the federal government preempts laws in an area, state laws are given preference over the federal law in that area.
B) If a federal law preempts a subject, then any state law that attempts to regulate the same activity is unconstitutional.
C) Preemption does not apply to federal statutes and rules of federal administrative agencies.
D) The concept of preemption arises from the contract clause of the Constitution.
E) Preemption grants the federal government the power to regulate foreign commerce.

Question 46

Which of the following statements is true of commercial speech?

A) Commercial speech is currently not protected by the First Amendment.
B) Commercial speech has been protected by the First Amendment since the inception of the Bill of Rights.
C) The public interests served by freedom of expression protect the speaker but not the listener.
D) Freedom of speech for corporations may not be as extensive as the right of an individual.
E) Freedom of speech for corporations cannot be limited by the government under any circumstance.

Question 47

Which of the following statements is true of freedom of the press?

A) It is an absolute constitutional guarantee.
B) It refers to the right of the press to print anything it wants with liability.
C) Its preservation cannot be sought through constitutional protections.
D) It excludes communication and expression through electronic media.
E) It is usually construed to prohibit prior restraints on publications.

Question 48

Which of the following statements is true of amendments and basic protections?

A) Basic constitutional rights are absolute.
B) Constitutional rights do not vary from time to time.
C) Constitutional rights may be narrowly interpreted during emergencies such as war.
D) Constitutional principles are not reapplied and reexamined during peacetime.
E) Constitutional guarantees exist to protect the majority from the minority.

Question 49

Nelly and Mario are graffiti artists who belong to a minority community.They create designs and paintings depicting social issues that affect their community.They make sure their artwork is not obscene and does not incite a hateful reaction.They exhibit their art pieces at art shows.In this case,which of the following First Amendment protections is applied to the actions of Nelly and Mario?

A) freedom of the press
B) freedom of religion
C) freedom of speech
D) establishment clause
E) free exercise clause

Question 50

Which of the following statements is true of the supremacy clause?

A) Under this clause, it is immaterial that a state did not intend to frustrate the federal law if the state law in fact does so.
B) Under this clause, state laws decide the validity of the laws passed by Congress.
C) This clause gives priority to U.S. laws when various laws are not consistent.
D) The application of this clause is traditionally limited by the district courts.
E) This clause prohibits states from enacting laws that impact rights and duties of companies under the existing companies' contracts.

Question 51

Snow Crystals Inc.,a leading construction company,has constructed a skate park on government land after signing a leasing agreement with the state government.A few years later,the state authority sanctioned the Nightingale Bridge Company to build a bridge that would use the land where the skate park is already constructed.The proprietors of Snow Crystals claim that the state authority has violated the leasing agreement.Which of the following is most likely to be applied in this case between Snow Crystals Inc.and the state government?

A) the preemption doctrine
B) the state clause
C) the contract clause
D) the overbreadth doctrine
E) the supremacy clause

Question 52

Hot Hogs Corporation,an international hotdog eatery,produces a misleading television advertisement,which shows that one hotdog of Hot Hogs contains only 30 grams of fat.A consumer organization,a group that protects consumers from corporate exploitation,files a complaint with a federal institution which in turn issues an order prohibiting Hot Hogs from making such statements about its products without scientific evidence.This instance of regulation on advertising about food products is an example of a limitation on ______.

A) the right to establishment
B) individual speech
C) overbreadth doctrine
D) commercial speech
E) the freedom of thought

Question 53

A school prohibits its students from praying even during breaks.It also prohibits its students from forming prayer groups.In this case,which of the following clauses of the First Amendment is the school most likely to violate?

A) the free exercise clause
B) the establishment clause
C) the supremacy clause
D) the takings clause
E) the presentment clause

Question 54

Which of the following statements is true of freedom of speech?

A) It covers both verbal and written communications.
B) It solely exists to protect popular ideas.
C) Its protection relates to private action.
D) It is possible to challenge a statute limiting speech only if a person's own speech is prohibited.
E) It does not cover conduct or actions considered symbolic speech.

Question 55

The ______ is most likely to be applied when the legislators have gone too far in seeking to achieve a goal.

A) overreaching doctrine
B) overstretching doctrine
C) overextension doctrine
D) overbreadth doctrine
E) doctrine of nullification

Question 56

A state law imposed additional restrictions on companies in hiring foreign workers.The Supreme Court held that the state law violated the federal immigration law and declared the law unconstitutional.In this case,which of the following supports the act of the Court?

A) the supremacy clause
B) the exclusion clause
C) the strict scrutiny approach
D) the minimum rationality approach
E) the contract clause

Question 57

Which of the following statements is true of the contract clause?

A) It applies to the federal government.
B) It allows a state to impose new prices on existing contracts.
C) It prohibits the federal government from contracting with a state government.
D) It does not restrict the federal government's power to impact contractual relationships.
E) It allows a state to enact laws even if they impact rights under existing contracts.

Question 58

Which of the following federal laws preempts a state law that authorizes a tort claim by workers that a union has breached its duty to ensure a safe workplace?

A) the National Labor Relations Act
B) the Sherman Antitrust Act
C) the Landrum-Griffin Act
D) the Occupational Safety and Health Act
E) the Clayton Act

Question 59

A zoning ordinance holds that writing anything on both public and private properties,including one's own private property,is a crime.This law is most likely to be unconstitutional based on the ______.

A) overreaching doctrine
B) overstretching doctrine
C) overextension doctrine
D) doctrine of nullification
E) overbreadth doctrine

Question 60

Which of the following statements is true of the regulation of foreign commerce under the commerce clause?

A) Under no circumstances can the federal government prohibit foreign commerce entirely.
B) The power to regulate foreign commerce is total and vested exclusively in the federal government.
C) Attempts by local governments to indirectly regulate foreign commerce are constitutional.
D) A state cannot regulate activities that relate to foreign commerce even if such activities are conducted entirely within the state's boundaries.
E) The federal power to regulate foreign commerce is relative to the power exercised by the state and local governments.

Question 61

Which of the following statements is true of the quasi-strict scrutiny tests?

A) When applying the quasi-strict scrutiny tests, the judiciary thoroughly scrutinizes laws directed at them.
B) The quasi-strict scrutiny tests are used if a classification has a reasonable basis and is not wholly arbitrary.
C) The quasi-strict scrutiny tests are used for cases involving fundamental constitutional rights.
D) The quasi-strict scrutiny tests are used for cases that fall between the minimum rationality and strict scrutiny approaches.
E) The quasi-strict scrutiny tests are used if a classification is perfectly suspect.

Question 62

The courts have generally defined just compensation in terms of

A) market value of a specific resource.
B) social welfare value of a specific resource.
C) the duration taken to settle a resource ownership dispute by due process of law.
D) the need of a specific resource to the public.
E) the number of years a specific resource is in possession of a private party.

Question 63

Which of the following statements is true of the minimum rationality approach?

A) A permissible state end is one that is prohibited by at least one provision of the Constitution.
B) Under this approach, a permissible state end is one that qualifies as an ethical, not necessarily reasonable, goal of government.
C) A permissible state end is not prohibited by another provision of the Constitution.
D) A permissible state end does not qualify as a legitimate goal of government.
E) Under this approach, a law creating different classifications will survive if it has no connection to a permissible state end.

Question 64

Libel cases compensate individuals for harm inflicted by ______.

A) physical assault
B) battery
C) printed defamatory falsehoods
D) trespassing on private poverty
E) forgery

Question 65

The takings clause of the Fifth Amendment to the Constitution allows

A) courts to decide whether the possession of a gun by an individual is valid or unnecessary.
B) federal government to impact contractual relationships between companies.
C) courts to decide if a state law is invalid or unconstitutional because it conflicts with a federal law or a policy of a federal institution.
D) government to take specific resources away from private owners for public use upon the payment of just compensation.
E) federal government to regulate business activity under foreign and interstate commerce.

Question 66

______ means that the government may not act in a manner that is arbitrary,capricious,or unreasonable.

A) Eminent domain
B) Contract clause
C) Exclusion clause
D) Just compensation
E) Due process

Question 67

Which of the following classifications is most likely to be presumed valid under the minimum rationality approach?

A) voting rights
B) race
C) weight
D) legitimacy
E) gender

Question 68

Valencia secures a good grade with a 4.0 GPA in her admission test.However,she is denied admission by a community college.She files a suit stating that she was discriminated on the basis of race.She claims that she was rejected because the college used race as an important factor,giving applicants belonging to minority groups a greater chance for admission than students with similar credentials belonging to disfavored racial groups.In deciding this case using the equal protection clause,which of the following approaches is most likely to be used by courts?

A) the minimum rationality approach
B) the strict scrutiny approach
C) the maximum rationality approach
D) the intermediate scrutiny approach
E) the quasi-scrutiny approach

Question 69

The ______ of the Fifth Amendment to the Constitution allows the government to condemn and take specific private resources for money under the power called eminent domain.

A) takings clause
B) supremacy clause
C) contract clause
D) exclusion clause
E) due process clause

Question 70

Which of the following statements is true of the due process clause?

A) It prevents individuals from acting in an unreasonable manner.
B) It describes the principle of sovereignty of government organizations.
C) It is stated in the Second Amendment of the U.S. Constitution.
D) It does not prevent private corporations from acting in an arbitrary manner.
E) It allows the government to condemn and take specific private resources for money under the power called eminent domain.

Question 71

Which of the following statements is true of the strict scrutiny approach?

A) It is used if the classification is partially suspect.
B) It falls between the minimum and quasi-strict scrutiny approaches.
C) Classifications need to be permissible to achieve a state interest.
D) Classifications that are subject to this approach are presumed to be constitutional.
E) It is applied to cases involving classifications directed at fundamental rights.

Question 72

______,a tort theory,is used to recover damages as a result of printed defamation of character.

A) Slander
B) Embezzlement
C) Libel
D) Battery
E) Larceny

Question 73

Classifications directed at race,national origin,and legitimacy of birth are ______.

A) suspect classes
B) quasi-suspect classes
C) considered illegitimate
D) intermediate classes
E) presumed valid

Question 74

The strict scrutiny approach is applied to cases involving rights such as the

A) right to possess guns.
B) right to travel.
C) right to follow any religion.
D) right to freedom of the press.
E) right to free speech.

Question 75

The concept of incorporation through the ______ has made the protections of the Bill of Rights applicable to individuals subject to state and local regulations.

A) supremacy clause
B) contract clause
C) due process clause
D) limitation clause
E) exclusion clause

Question 76

Under the minimum rationality approach,a(n)______ qualifies as a legitimate goal of government.

A) compelling state end
B) prohibited state end
C) irrational state end
D) permissible state end
E) wholly arbitrary state end

Question 77

______ cases involve whether proper notice has been given and a proper hearing has been conducted.

A) Equal protection clause
B) Contract clause
C) Exclusion clause
D) Limitation clause
E) Procedural due process clause

Question 78

The ______ test is used if the classification involves either a suspect class or a fundamental constitutional right.

A) minimum rationality
B) quasi-strict scrutiny
C) rational basis
D) prior restraints
E) strict scrutiny

Question 79

Gerard works for a weekly magazine in the state of California.He is held responsible for publishing an article that falsely accuses the governor of the state.In this case,Gerard is most likely to be accused of ______.

A) libel
B) battery
C) slander
D) larceny
E) embezzlement

Question 80

The Second Amendment consists of the ______.

A) right to free speech
B) right to free publishing
C) right to possess guns
D) right to respect any establishment of religion
E) right to free commercial speech