Deck 2: Constitutional Law

Question 1

The Constitution permits Congress to regulate interstate commerce.

Answer 1

True

Question 2

The states can establish laws and regulations that would interfere with trade and commerce among the states.

Answer 2

False

Question 3

The Bill of Rights protects individuals against various types of conduct by the federal government.

Answer 3

True

Question 4

The Fifth Amendment prohibits unreasonable searches and seizures of persons or property.

Question 5

The judicial branch has the power to hold actions of the other branches of government unconstitutional.

Question 6

The national government can regulate almost every commercial enterprise in the United States.

Question 7

Some constitutional protections apply to business entities.

Question 8

A confederal form of government is a confederation of independent states with a central government of very limited powers.

Question 9

All powers not specifically delegated to the federal government are reserved to the states.

Question 10

The President determines the jurisdiction of the federal courts.

Question 11

The term police powers encompasses just the enforcement of criminal laws.

Question 12

Under the supremacy clause,a valid federal statute or regulation will preempt a conflicting state or local law or regulation on the same general subject.

Question 13

Federal legislation can affect how businesses compete.

Question 14

Under the Constitution,the judicial branch is responsible for foreign affairs.

Question 15

The checks and balances in the U.S. Constitution prevent any one branch of government from exercising too much power.

Question 16

The Second Amendment to the U.S. Constitution reserves all powers not delegated to the federal government to the states.

Question 17

Under the Constitution,the judicial branch interprets the laws.

Question 18

In a federal form of government,the national government does not share sovereign power with the states.

Question 19

The Eighth Amendment prohibits excessive bail and fines.

Question 20

The Constitution expressly delegated to the states the power to regulate interstate commerce.

Question 21

The Fourteenth Amendment guarantees a right to due process of law.

Question 22

Equal protection means that the government cannot enact laws that treat similarly situated individuals differently.

Question 23

The First Amendment protects commercial speech more extensively than noncommercial speech.

Question 24

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

A)itspolice powers.
B)the Tenth Amendment.
C)the Bill of Rights.
D)the supremacy clause.

Question 25

Substantive due process limits what the government can do in its legislative and executive capacities.

Question 26

State laws protect individuals' privacy rights.

Question 27

The establishment clause requires a complete separation of church and state.

Question 28

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 29

Savers Mart,Inc.,distributes its merchandise to retail outlets on an inter-state basis. Under the commerce clause,Congress has the power to regulate

A)any commercial activity in the United States.
B)only activities that are in intrastate commerce.
C)only activities that are in local commerce.
D)only activities that are not in commerce.

Question 30

A law that discriminates based on gender must substantially relate to an important government objective to be valid under the equal protection clause.

Question 31

A law that prohibits or inhibits only some persons from exercising a fundamental right will be subject to "strict scrutiny" under the equal protection clause.

Question 32

Procedural due process requires that any government decision to take a person's property must be made fairly.

Question 33

A law that has any impact on religion is unconstitutional.

Question 34

The United Energy Resources Association would like a certain law enacted,administered,interpreted,and enforced in the best interest of its members,which include fossil fuel companies. Under the Constitution,Congress

A)administers the laws.
B)enforces the laws.
C)interprets the laws.
D)enacts the laws.

Question 35

Speech-oral,written,or symbolized by conduct-is not subject to restrictions.

Question 36

The First Amendment does not protect symbolic speech.

Question 37

The Constitution sets forth specific powers that can be exercised by the national government and provides that the national government has the implied power to undertake actions necessary to carry its expressly designated powers. All other powers are expressly reserved to

A)none of the choices.
B)the states.
C)the national government.
D)the people.

Question 38

The U.S. Constitution explicitly mentions a general right to privacy.

Question 39

The First Amendment prevents limits from being placed on independent political expenditures by corporations.

Question 40

The First Amendment protects defamatory speech.

Question 41

Sustainable Crops Corporation regularly expresses opinions on political issues,including whether to ban the use of genetically modified organisms (GMOs). Under the First Amendment,corporate political speech is

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

Question 42

California enacts a statute to ban advertising in "bad taste." This stat-ute would likely be held by a court 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 43

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,refuse to obey the law,and stop others from complying with the law. 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 the law.
D)all of the choices.

Question 44

Lake City enacts an ordinance that bans the distribu-tion 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.
B)not subject to the U.S. Constitution.
C)unconstitutional under the commerce clause.
D)unconstitutional under the First Amendment.

Question 45

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 46

Serenity City enacts an ordinance that bans the use of "sound amplifying systems" on public streets. 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.
B)constitutional under the First Amendment.
C)justified by the need to protect individual rights.
D)necessary to protect national interests.

Question 47

A federal law requires public libraries to install filtering software on computers to prevent children from accessing adult content online. This law

A)is expressly prohibited by the Constitution.
B)does no substantially burden free speech.
C)is subject to reasonable restrictions under the due process clause.
D)is given strict scrutiny under the equal protection clause.

Question 48

Mary creates a t-shirt design that expresses her support for a presidential candidate and distributes t-shirts imprinted with the design to her friends. The t-shirts represent

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

Question 49

Keralyn creates a Web site 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

National Hospital Organization (NHO),a political lobbying group,wants a certain healthcare cost-reimbursement policy enacted into law. If NHO's policy conflicts with the U.S. Constitution,a law embodying it can be imposed by

A)Congress.
B)a federal court.
C)the President.
D)none of the choices.

Question 51

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

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

Question 52

Don,a U.S. citizen,is the owner of Egrets Unlimited,Inc. Egret's competitors include Feathered Friends Company (FFC). The Bill of Rights embodies a series of protections for Don against types of conduct by

A)FFC only.
B)FFC and the government.
C)none of the choices.
D)the government only.

Question 53

VidGames,Inc. markets a variety of shooting,fighting,and hunting video games. A state statue is enacted that requires all video game manufacturers to label any games with an option to kill something as "excessively violent". A court would likely hold this regulation 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 54

The commerce clause's express grant of exclusive authority to regulate commerce that substantially affects trade and commerce among states is referred to as the

A)dormant aspect.
B)regulatory aspect.
C)substantive aspect.
D)exclusive aspect.

Question 55

A federal law regarding the labeling of pesticides directly conflicts with a state law. The state law will be rendered invalid due to

A)the supremacy clause.
B)the commerce clause.
C)the equal protection clause
D)the due process clause.

Question 56

Bob,the president of Commerce & Trade,Inc.,claims that certain actions by the federal government and the state of Delaware infringe on rights guaranteed by the Bill of Rights. All of these rights limit

A)none of the choices.
B)the federal government.
C)private citizens and corporations.
D)the states.

Question 57

A decision by the federal Environmental Protection Agency (EPA)on the amount of carbon that can be emitted from a car's exhaust system conflicts with a California state law. In this situation,under the supremacy clause,

A)both the decision and the law are invalid.
B)both the decision and the law apply concurrently.
C)California's law takes precedence.
D)the EPA's decision takes precedence.

Question 58

Ryan,a follower of a certain religion,sells an article to Sunday! magazine in which he insists that Congress base all federal law on his religious principles. The First Amendment guarantees Ryan's

A)freedom of religion.
B)right to engage in interstate commerce.
C)right to due process.
D)right to privacy.

Question 59

A statute enacted by the Arizona state legislature to regulate trucking affects interstate commerce. In evaluating this statute,the courts will balance 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 60

George burns a U.S. flag in his backyard. He posts a video of the event 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

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

Question 62

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

A)procedures used to make decisions to take life,liberty,or property.
B)the content of the statute.
C)the similarity of the treatment of similarly situated individuals.
D)the steps to be taken to protect Orin's privacy.

Question 63

Oklahoma enacts a law requiring all businesses in the state to donate 10 per-cent 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 64

A Metro City ordinance 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 65

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

A)procedures used in making decisions to take life,liberty,or property.
B)the content of the statute.
C)the similarity of the treatment of similarly situated individuals.
D)the steps to be taken to protect Marie's privacy.

Question 66

Under the First Amendment,in comparison with commercial speech,the protection given obscene speech is

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

Question 67

Jon,a law enforcement official,monitors Kelsey's Internet activities-e-mail and Web site visits-to gain access to her personal financial data and student information. This may violate Kelsey's right to

A)equal protection.
B)privacy.
C)due process.
D)engage in interstate commerce.

Question 68

The Arkansas 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 Games Marketing,Inc. (GMI),orders GMI marketers to place ads in any media. When a GMI ad appears on HDTV,a local television station,GMI and HDTV are charged with violating the statute. What is the defendants' best defense against a conviction?

Question 69

Bay Town enacts an ordinance to allow only a few recreational boating outfits to op-er-ate in certain areas of its harbor,for the purpose of reducing traffic. A court would likely review this ordinance under the principles of

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

Question 70

Brad 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 71

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 purpose.
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 72

Adult Shop in Bay City sells a variety of publications,including child pornography. Bay City enacts an ordinance prohibiting the sale of such materials. 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.