Deck 4: Constitutional Law

Question 1

A constitution is the fundamental law of a particular level of government, establishing the structure of government and defining the political relationships within it.

Answer 1

True

Question 2

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

Answer 2

False

Question 3

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

Answer 3

True

Question 4

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

Question 5

The Constitution reserves to the federal government any powers not expressly given to the states or the people.

Question 6

Judicial review is another phrase for an appeal of a lower court's judgment.

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

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

Question 9

Corporations have no right of free speech under the First Amendment.

Question 10

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

Question 11

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

Question 12

Action taken by private citizens may constitute state action if the state has encouraged the challenged private action.

Question 13

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

Question 14

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

Question 15

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 16

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

Question 17

The Bill of Rights applies directly to the states.

Question 18

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

Question 19

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

Question 20

Because of the Bill of Rights, state legislation that conflicts with federal legislation will preempt the federal legislation and the courts will apply the state statute without modification.

Question 21

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

Question 22

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 23

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

Question 24

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 25

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 26

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 27

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 28

Both the Fifth and Fourteenth Amendments contain due process clauses.

Question 29

The Congressional power to borrow money on the 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 30

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

Question 31

The U.S.Supreme Court uses different levels of scrutiny in First Amendment cases depending on the type of speech involved.

Question 32

The Wyeth v.Levine case illustrates the point that when Congress has not intended to displace all state legislation, nonconflicting state legislation is permitted.

Question 33

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 34

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 35

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

Question 36

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

Question 37

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

Question 38

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

Question 39

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

Question 40

The U.S.Constitution was adopted in 1791 by representatives of the thirteen newly created states.

Question 41

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 42

Eminent domain is not one of the recognized inherent powers of government.

Question 43

In a sex discrimination case, under the equal protection clause the courts apply the strict scrutiny standard of review.

Question 44

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 45

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 46

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 47

The federal government's power to tax is subject to three major limitations.

Question 48

"Commercial speech" includes:

A)expressions related to the economic interests of the speaker and her audience.
B)speech proposing commercial transactions.
C)advertisements for a service.
D)All of the above.

Question 49

Judicial review extends to:

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

Question 50

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

Question 51

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)only if he can show harm to his character resulted from the statement.

Question 52

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 53

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

Question 54

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

Question 55

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

Question 56

In a 2007 case, the U.S.Supreme Court found that public school systems must use measures that take explicit account of the students' race when trying to achieve or maintain integration.

Question 57

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 58

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 59

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 60

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

Question 61

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

A)Federal crimes.
B)Consumer warranties and credit transactions.
C)Employee safety.
D)Environmental protection.
E)All of the above.

Question 62

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 the above.

Question 63

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 the above.

Question 64

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)the Association is an organization of natural persons acting on their own.
D)the Association had a majority of private school memberships which prevented the action of the Association from being considered state action.

Question 65

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 66

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)New York Times v.Sullivan.
D)Brown v.Board of Education of Topeka.

Question 67

Under substantive due process, legislation affecting which of the following would be strictly scrutinized as affecting fundamental rights?

A)The right to receive federally guaranteed student loans.
B)The right to marry someone from a particular ethnic background if both parties wanted to marry.
C)The right of free speech.
D)Both (b) and (c).

Question 68

Under the Supremacy Clause of the U.S.Constitution:

A)the executive branch of government is the most powerful branch.
B)federal law preempts state law, but only if it clearly conflicts.
C)federal law preempts state law, not only in cases where they conflict, but also if a Congressional intent to preempt state legislation can be inferred.
D)the states and the people have the supreme power of governance.

Question 69

The __________ case dealt with the issue of state action.

A)Wyeth v.Levine
B)Thompson v.Western States Medical Center
C)Department of Revenue of Kentucky v.Davis
D)Brentwood Academy v.Tennessee Secondary School Athletic Association

Question 70

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 71

Which of the following is correct with regard to the Bill of Rights?

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

Question 72

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 73

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

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

Question 74

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 75

John is a white Haitian who has obtained U.S.citizenship.State X 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 76

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 (a) and (b).
D)Neither (a) nor (b).

Question 77

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 78

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 79

The intermediate equal protection test:

A)does not require governmental action to bear a substantial relationship to an important governmental objective.
B)eliminates the strong presumption of the constitutionality of legislation 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 80

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

A)Fifth and Fourteenth Amendments
B)Fourteenth Amendment
C)separation of powers
D)Import-Export Clause