Deck 5: Constitutional Law

Question 1

The Ninth Amendment to the United States Constitution is the primary source of authority for the federal regulation of business.

Answer 1

False
Explanation: The primary source of authority for the federal regulation of business is the commerce clause,located in Article I,Section 8 of the Constitution.This clause states that the United States Congress has the power to "regulate Commerce with foreign Nations,and among the several States,and with the Indian Tribes."

Question 2

Courts analyze government restrictions on commercial speech according to a four-part test established in Central Hudson Gas & Electric Corp.v.Public Service Commission of New York.

Answer 2

True
Explanation: Not all corporate speech is political speech.Commercial speech is speech that conveys information related to the sale of goods and services.Courts analyze government restrictions on commercial speech according to a four-part test established in Central Hudson Gas & Electric Corp.v.Public Service Commission of New York.

Question 3

The power of legislative fiat allows courts to review the constitutionality of lower courts' decisions.

Answer 3

False
Explanation: Judicial review allows courts to review the constitutionality of lower courts' decisions.

Question 4

The U.S.Constitution establishes a system of government based on the principle of unfettered state autonomy.

Question 5

The U.S.Constitution allocates the power of the federal government among the three branches of government.

Question 6

Sometimes when the state and federal governments have concurrent authority,the federal government can decide to regulate that area exclusively.In such a situation,the state law is unconstitutional according to the doctrine of federal subrogation.

Question 7

The United States Congress can use its spending power to achieve social welfare objectives.

Question 8

The United States Supreme Court has ruled that the First Amendment to the U.S.Constitution protects corporate political speech less compared to the political speech of ordinary citizens.

Question 9

The Privileges and Immunities Clause of the United States Constitution gives the federal government the authority to collect taxes.

Question 10

The process of judicial review was established in the United States Supreme Court case Marbury v.Madison.

Question 11

The United States Congress can overturn a presidential veto with a simple majority vote of the members of Congress.

Question 12

The Supremacy Clause is located in Article VI of the U.S.Constitution.

Question 13

The United States Congress has the power to enact legislation,but the president can veto a law that Congress passes.

Question 14

The Fourth Amendment to the United States Constitution extends most of the provisions of the Bill of Rights to the states.

Question 15

The first ten amendments to the United States Constitution do not substantially affect government regulation of business.

Question 16

The U.S.Constitution explicitly allows courts to review legislative and executive actions to determine whether they are constitutional.

Question 17

According to the Tenth Amendment to the U.S.Constitution,all powers that the Constitution neither gives exclusively to the states nor takes from the federal government are reserved for the federal government.

Question 18

The rights established by the First Amendment to the United States Constitution are absolute.

Question 19

Police power consists of the residual powers retained by each state to safeguard the health and welfare of its citizenry.

Question 20

The NLRB v.Jones & Laughlin Steel Corp.case was the turning point for the United States Supreme Court's application of the Commerce Clause to the regulation of business activities.

Question 21

In the ________ case,the United States Supreme Court upheld a federal statute that grants federal funds for state highways to only those states in which 21 is the legal drinking age.

A)North Dakota v.Dole
B)South Dakota v.Dole
C)North Dakota v.Chiquita
D)South Dakota v.Chiquita
E)North Dakota v.United States of America

Question 22

What was the result in the Christy Brzonkala v.Antonio J.Morrison et al.case referenced in the textbook,in which the defendants alleged the unconstitutionality of civil remedies available under the federal Violence against Women Act?

A)The United States Congress lacked the authority to regulate noneconomic,violent criminal conduct solely on the basis of that conduct's aggregate effect on interstate commerce.
B)The United States Congress validly passed the law pursuant to the First Amendment to the U.S.Constitution.
C)The United States Congress validly passed the law pursuant to the Second Amendment to the U.S.Constitution.
D)The United States Congress validly passed the law pursuant to the Fourth Amendment to the U.S.Constitution.
E)The United States Congress validly passed the law pursuant to the Fourteenth Amendment to the U.S.Constitution.

Question 23

Which of the following is true regarding federal taxation?

A)The United States Constitution explicitly grants the U.S.Congress the power to tax.
B)The taxes laid by Congress must be uniform across the states.
C)Congress can legitimately use taxes to encourage the development of certain industries and discourage the development of others.
D)The Constitution explicitly grants Congress the power to tax; the taxes laid by Congress must be uniform across the states; and Congress can legitimately use taxes to encourage the development of certain industries and discourage the development of others.
E)None of these.

Question 24

What constitutional power does the United States president use to overrule laws passed by the legislative branch of government (i.e.,the U.S.Congress)?

A)Federal presumption
B)The Supremacy Clause
C)Veto power
D)Judicial review
E)The Ninth Amendment

Question 25

Courts interpret the ________ Clause of the United States Constitution to mean that no law can be passed that will unreasonably interfere with existing contracts.

A)Commerce
B)Due Process
C)Emoluments
D)Privileges and Immunities
E)Contract

Question 26

The United States Constitution establishes a system of government based on the principle of ________,according to which the authority to govern is divided between federal and state governments.

A)plurality
B)deism
C)plutocracy
D)oligarchy
E)federalism

Question 27

Which clause of the United States Constitution provides that the Constitution,laws,and treaties of the U.S.constitute the supreme law of the land?

A)The Privileges and Immunities Clause
B)The Supremacy Clause
C)The Commerce Clause
D)The Fifth Amendment Due Process Clause
E)The Fourteenth Amendment Due Process Clause

Question 28

What system does the United States Constitution establish to keep the legislative branch from dominating the other branches of government?

A)The Bill of Rights
B)The Commerce Clause
C)Federalism
D)Checks and balances
E)The Tenth Amendment

Question 29

What are the three independent branches of the federal government?

A)Legislative,executive,and judicial
B)Legislative,commerce,and safety
C)Commerce,safety,and law enforcement
D)Executive,safety,and law enforcement
E)Law enforcement,judicial,and statutory

Question 30

Which of the following is an example of the state's exercise of its police power?

A)The enactment of state criminal codes.
B)The enactment of state criminal codes and zoning laws.
C)The enactment of criminal laws,building codes,zoning laws,sanitation standards for restaurants,and regulations for the practice of medicine.
D)The enactment of criminal laws,building codes,zoning laws,and regulations for the practice of medicine,but not sanitation standards for restaurants.
E)The enactment of laws governing regulations for law enforcement only.

Question 31

Sometimes when the state and federal governments have concurrent authority,the federal government can decide to regulate that area exclusively.In such a situation,according to the doctrine of ________,the state law is unconstitutional.

A)federal subrogation
B)federal preemption
C)federal privileges and immunities
D)res ipsa loquitur
E)stare decisis

Question 32

Which of the following references the clause of the United States Constitution that provides "Full Faith and Credit shall be given in each State to the public Acts,Records,and judicial Proceedings of every other State"?

A)The Full Faith and Credit Clause
B)The Privileges and Immunities Clause
C)The Commerce Clause
D)The Fifth Amendment Due Process Clause
E)The Fourteenth Amendment Due Process Clause

Question 33

Why must federal legislation that affects business be based on an expressed constitutional grant of authority?

A)Because the United States Congress passed a law to that effect.
B)Because the federal government has only those powers granted to it by the U.S.Constitution.
C)Because President Abraham Lincoln issued an executive order to that effect.
D)Because President George Washington issued an executive order to that effect.
E)Because the Privileges and Immunities Clause of the Constitution grants that expressed power.

Question 34

Which of the following was the result in the Black Star Farms,LLC et al.v.Jerry Olive,Arizona Department of Liquor License and Control et al.case referenced in the textbook,in which it was alleged that an Arizona law limiting direct sales of wine by producers was unconstitutional on the basis that it discriminated against out-of-state wineries?

A)The Arizona law discriminated against out-of-state wineries in violation of the dormant Commerce Clause.
B)The Arizona law discriminated against out-of-state wineries in violation of the regular Commerce Clause,not the dormant Commerce Clause.
C)The Arizona law discriminated against out-of-state wineries in violation of the dormant Commerce Clause but that it was a valid exercise of the state's police power.
D)The Arizona law discriminated against out-of-state wineries in violation of the Equal Protection Clause of the Fourteenth Amendment.
E)The Arizona law was valid and did not discriminate against out-of-state wineries.

Question 35

Who wrote the opinion for the landmark 1803 United States Supreme Court case Marbury v.Madison?

A)John Marshall
B)Oliver Wendell Holmes
C)William Rehnquist
D)Louis Brandeis
E)Learned Hand

Question 36

Which of the following is true regarding the Privileges and Immunities Clause of the United States Constitution?

A)Under the clause,a state cannot prohibit nonresidents from opening restaurants in the state.
B)Under the clause,a state can allow state universities to charge higher tuition to out-of-state students because residents pay taxes that fund state universities,while out-of-state students do not.
C)Under the clause,states may not discriminate against citizens of other states in the buying and selling of property.
D)Under the clause,a state cannot prohibit nonresidents from opening restaurants in the state; a state can allow state universities to charge higher tuition to out-of-state students because residents pay taxes that fund state universities,while out-of-state students do not; and states may not discriminate against citizens of other states in the buying and selling of property.
E)None of these.There is no Privileges and Immunities Clause in the United States Constitution.The Privileges and Immunities Clause is contained in a statute passed by Congress.

Question 37

Which amendment to the United States Constitution provides that all powers that the Constitution neither gives exclusively to the federal government nor takes from the states are reserved for the states?

A)The First Amendment
B)The Second Amendment
C)The Fifth Amendment
D)The Sixth Amendment
E)The Tenth Amendment

Question 38

The Supremacy Clause is located in Article ________ of the United States Constitution.

A)I
B)II
C)III
D)VI
E)VII

Question 39

The common law process of ________ allows courts to review legislative and executive actions to determine whether they are constitutional.

A)executive fiat
B)judicial deference
C)legislative deference
D)judicial review
E)res ipsa loquitur

Question 40

The United States Constitution establishes ________ branches of government.

A)two
B)three
C)four
D)five
E)None; the United States Supreme Court established the branches of government in the Marbury v.Madison case.

Question 41

When can government agents obtain a search warrant?

A)When they can establish reasonable cause
B)When they can establish probable cause
C)When they can establish cause to a substantial certainty
D)Anytime they have an informant
E)Anytime the judge is in his office and they show identification as government agents

Question 42

Which constitutional amendment prohibits cruel and unusual punishment?

A)The Second Amendment
B)The Fourth Amendment
C)The Fifth Amendment
D)The Eighth Amendment
E)The Tenth Amendment

Question 43

Which of the following is an exception to the rule that administrative searches usually require search warrants?

A)The rational-relationship exception
B)The reasonable-search exception
C)The pervasive-regulation exception
D)The compelling-need exception
E)The controlling-principle exception

Question 44

Which constitutional amendment protects citizens from unreasonable searches and seizures and requires a finding of probable cause to issue a warrant?

A)The First Amendment
B)The Third Amendment
C)The Fourth Amendment
D)The Sixth Amendment
E)The Tenth Amendment

Question 45

What does the Establishment Clause of the First Amendment to the United States Constitution provide?

A)That government cannot make a law prohibiting the free exercise of religion.
B)That government cannot make a law respecting an establishment of religion.
C)That government cannot make a law referencing religion in any manner.
D)That government cannot make a law prohibiting the free exercise of religion; that government cannot make a law respecting an establishment of religion; and that government cannot make a law referencing religion in any manner.
E)None of these

Question 46

When may government agents search without a search warrant?

A)When law enforcement officials believe it likely that the items sought will be removed before they can obtain a warrant
B)Outside of normal working hours for a judge
C)When they can show that the suspect who lives in the residence at issue has been in jail previously
D)When they can show that a felony is involved
E)All of these

Question 47

Which constitutional amendment protects against double jeopardy?

A)The First Amendment
B)The Second Amendment
C)The Third Amendment
D)The Fourth Amendment
E)The Fifth Amendment

Question 48

Which constitutional amendment protects freedom of religion?

A)The First Amendment
B)The Second Amendment
C)The Fourth Amendment
D)The Sixth Amendment
E)The Eighth Amendment

Question 49

Which of the following is included in the Central Hudson Gas & Electric Corp.v.Public Service Commission of New York test for commercial speech?

A)The principle that speech that is misleading is not protected by the First Amendment to the United States Constitution.
B)The principle that the government must show that a substantial governmental interest is served by a restriction on commercial speech.
C)The principle that any restriction on commercial speech must not be more extensive than necessary.
D)The principle that speech that is misleading is not protected by the First Amendment to the U.S.Constitution; the principle that the government must show that a substantial governmental interest is served by a restriction on commercial speech; and the principle that any restriction on commercial speech must not be more extensive than necessary.
E)None of these.

Question 50

What does the Free-Exercise Clause of the First Amendment to the United States Constitution provide?

A)That government cannot make a law prohibiting the free exercise of religion.
B)That government cannot make a law establishing a religion.
C)That government cannot make a law referencing religion in any manner.
D)That government cannot make a law prohibiting the free exercise of religion; that government cannot make a law establishing a religion; and that government cannot make a law referencing religion in any manner.
E)None of these.

Question 51

What type of speech does the First Amendment to the United States Constitution not protect?

A)Only defamation.
B)Only obscenity.
C)Only commercial speech.
D)Defamation,obscenity,and commercial speech.
E)Defamation and obscenity.

Question 52

What does the protection against "double jeopardy" mean?

A)That the government cannot try a person more than once for the same crime.
B)That the government cannot try a person more than twice for the same crime.
C)That the government must have double proof to prosecute a person twice for the same crime.
D)That the government must show that at least two people were injured by the defendant in order to justify trying the defendant twice for the same crime.
E)That the government may impose a double sentence on a repeat offender in order to protect the public.

Question 53

Which of the following is true regarding the protection of "fighting words" under the First Amendment to the United States Constitution?

A)Fighting words are unprotected speech under the First Amendment.
B)Fighting words are protected speech under the First Amendment only if they are uttered by an individual citizen,not by a corporate representative.
C)Fighting words are protected speech under the First Amendment only if they involve political activity.
D)Fighting words are protected speech under the First Amendment only if they are made in connection with a protest march.
E)Fighting words are protected speech under the First Amendment only if they are made in conjunction with self-defense.

Question 54

What does the Fifth Amendment's protection against self-incrimination mean?

A)That a person only has to be a witness against himself or herself if a felony is involved.
B)That a person does not have to be a witness against himself or herself if a first offense is involved.
C)That a person does not have to be a witness against himself or herself if prison time is involved as opposed to a mere fine.
D)That a person does not have to be a witness against himself or herself in a criminal case.
E)That a person has to be a witness against himself or herself in a criminal case.

Question 55

________ cannot deprive individuals of the freedoms protected by the Bill of Rights.

A)Federal and state governments
B)The federal government
C)State governments
D)The federal government,state governments,and private employers
E)The federal government and private employers

Question 56

Which constitutional amendment provides that the government cannot infringe on citizens' right to bear arms?

A)The First Amendment
B)The Second Amendment
C)The Fifth Amendment
D)The Sixth Amendment
E)None; the right to bear arms was actually established in 1871 by the United States Supreme Court in the National Rifle Association,et al.v.The United States of America,et al.case.

Question 57

Which of the following is relevant in determining whether a particular government statute violates the Establishment Clause?

A)Whether the statute has a secular legislative purpose.
B)Whether the statute's principal or primary effect either advances or inhibits religion.
C)Whether the statute fosters an excessive government entanglement with religion.
D)Whether the statute has a secular legislative purpose; whether the statute's principal or primary effect either advances or inhibits religion; and also whether the statute fosters an excessive government entanglement with religion.
E)Whether the statute has a secular legislative purpose and whether the statute's principal or primary effect either advances or inhibits religion; but not whether the statute fosters an excessive government entanglement with religion.

Question 58

Which constitutional amendment gives citizens the right not to testify against themselves in a criminal case?

A)The First Amendment
B)The Third Amendment
C)The Fourth Amendment
D)The Fifth Amendment
E)The Tenth Amendment

Question 59

Which constitutional amendment extends most of the provisions in the Bill of Rights to the states,prohibiting state interference in citizens' exercise of their rights?

A)The Thirteenth Amendment
B)The Fourteenth Amendment
C)The Twenty-first Amendment
D)The Twenty-second Amendment
E)The Twenty-seventh Amendment

Question 60

A ________ is a court order that authorizes law enforcement agents to search for or seize items specifically described in the warrant.

A)search warrant
B)subpoena
C)search authorization form
D)seek warrant
E)review authorization

Question 61

Explain the system of checks and balances established by the United States Constitution,and set forth your opinion as to whether such a system adequately supports a democratic form of government.

Question 62

Junk Food.Mary Dogood,a member of the school board in ABC County,is appalled at the amount of junk food in the schools.She convinces the state legislature to pass an ordinance that no stores may sell any unhealthy junk food within 500 feet of any school or day care center.A teacher of political science raises the issue of whether the regulation is valid and is told that it is a valid exercise of the jurisdiction's police power to protect its citizens.Convenience stores balk at the regulation and challenge it in court.What do courts generally presume regarding laws passed in accordance with states' police power?

A)There is no presumption.
B)That the law is valid.
C)That the law is invalid.
D)That the law is valid unless it involves a First Amendment right.
E)That the law is valid unless it involves the Commerce Clause.

Question 63

Scruffy.Sam is engaged in the criminal activity of growing marijuana in his home.A couple of police officers,while randomly passing through the neighborhood,saw Sam go to the mailbox.They thought that he looked a little scruffy,and they were concerned that they had not made a sufficient number of arrests in the past month.They decided to "check out" Sam.Therefore,they immediately broke down Sam's door,searched his home,and arrested him.The police officer in charge told Sam that because marijuana was involved,he lost his rights against self-incrimination and that he might as well confess.Sam proceeded to confess to growing marijuana and a number of other crimes.The judge was so angry with Sam that he threw him in jail for two months without any kind of hearing.Sam's lawyer questions whether Sam had lost his right against self-incrimination.Which of the following is true on that issue?

A)Sam did not lose his right against self-incrimination.
B)The office was correct.Sam lost his right against self-incrimination because marijuana was involved.
C)Sam lost his right against self-incrimination because he did not immediately ask for a lawyer.
D)Sam lost his right against self-incrimination because he did not immediately say he raised his right against self-incrimination.
E)Sam lost his right against self-incrimination both because marijuana was involved and also because he did not immediately ask for a lawyer.

Question 64

New State passes a law prohibiting the importation of out-of-state apples in order to help in-state growers.Which of the following is the best argument for the out-of-state growers who wish to challenge the new law?

A)That it violates the Dormant Commerce Clause.
B)That it violates the explicit preemption clause.
C)That it violates the First Amendment.
D)That it violates the Fourth Amendment.
E)That it violates due process.

Question 65

What does the Fifth Amendment's Takings Clause reference?

A)The right of the government to take private property for public use without paying compensation to the owner.
B)The requirement that the government pay the owner just compensation if the government wants to take private property for public use.
C)The right of the government to put individuals in jail for up to ten days without a hearing.
D)The right of the government to put individuals in jail for up to five days without a hearing.
E)The requirement that the government compensate an owner for anything destroyed during a search.

Question 66

Which of the following is true regarding privacy rights?

A)The U.S.Supreme Court has said that the U.S.Constitution does not provide any right to privacy.
B)The U.S.Supreme Court has found that U.S.citizens have a right to privacy based upon the U.S.Constitution.
C)The U.S.Constitution specifically provides for a right to privacy within the Second Amendment.
D)The U.S.Constitution specifically provides for a right to privacy within the Sixth Amendment.
E)Both that the U.S.Supreme Court has found that U.S.citizens have a right to privacy based upon the U.S.Constitution and that the U.S.Constitution specifically provides for a right to privacy within the Sixth Amendment.

Question 67

Which of the following refer(s)to the basic fairness of laws that may deprive an individual of her life,liberty,or property?

A)Procedural due process
B)Substantive due process
C)Prospective due process
D)Both procedural and substantive due process,but not prospective due process
E)The Privileges and Immunities Clause of the United States Constitution

Question 68

Junk Food.Mary Dogood,a member of the school board in ABC County,is appalled at the amount of junk food in the schools.She convinces the state legislature to pass an ordinance that no stores may sell any unhealthy junk food within 500 feet of any school or day care center.A teacher of political science raises the issue of whether the regulation is valid and is told that it is a valid exercise of the jurisdiction's police power to protect its citizens.Convenience stores balk at the regulation and challenge it in court.In determining whether the law is constitutional,which of the following will a court likely ask?

A)Whether the state regulation is needed for a compelling reason.
B)Whether the state regulation is rationally related to a legitimate state end.
C)Whether the state regulation is needed for an important reason.
D)Whether the state regulation will impact tax revenue.
E)Whether the state regulation is needed for a compelling reason and also whether the state regulation will impact tax revenue.

Question 69

Scruffy.Sam is engaged in the criminal activity of growing marijuana in his home.A couple of police officers,while randomly passing through the neighborhood,saw Sam go to the mailbox.They thought that he looked a little scruffy,and they were concerned that they had not made a sufficient number of arrests in the past month.They decided to "check out" Sam.Therefore,they immediately broke down Sam's door,searched his home,and arrested him.The police officer in charge told Sam that because marijuana was involved,he lost his rights against self-incrimination and that he might as well confess.Sam proceeded to confess to growing marijuana and a number of other crimes.The judge was so angry with Sam that he threw him in jail for two months without any kind of hearing.Sam's lawyer,who just graduated from law school,is not sure if the police acted legally in Sam's case by breaking down the door.Which of the following is true on that issue?

A)The police acted legally so long as they can show that Sam really did look scruffy.
B)The police acted legally so long as they can show that the street was truly chosen at random for patrol.
C)The police acted legally so long as they can show that Sam had been in jail previously on a drug offense charge.
D)The police acted legally so long as they can show that Sam had been in jail previously for any offense.
E)The police violated Sam's Fourth Amendment rights.

Question 70

The legislators of New State institute a law that mothers of children in elementary school,but not fathers,are entitled to seven days off each year in order to attend school events.Several fathers bring a lawsuit challenging the law on equal protection grounds.Which level of scrutiny will the court apply to the law?

A)Intermediate scrutiny
B)Rational basis scrutiny
C)Severe scrutiny
D)Strict scrutiny
E)Subjective scrutiny

Question 71

Christen who just turned eighteen is out with several friends.They decide to see a movie,but it is sold out.Christen hid in the back of the theatre and yelled "Fire" as loudly as she could.Everyone ran out of the theatre,and a number got in their vehicles and left.Christen and her friends thought that seeing the movie was now possible.Unfortunately,a theatre employee saw Christen yelling,called the police,and she was arrested.Christen told the police officers that she was only exercising her free speech rights.She also told the police that the theatre employee lied and that she personally saw him stealing popcorn.The theatre employee told Christen that he was going to sue for defamation,and she told him that she would win based on her right to free speech.Discuss whether Christen is right on one or both counts and why.

Question 72

If a law prevents individuals from exercising a fundamental right,the law will be subject to ________ scrutiny.

A)intermediate
B)rational basis
C)severe
D)strict
E)subjective

Question 73

Insurance.Susan,a trained nurse,was recently elected to the U.S.Senate.Susan is very concerned about the lack of insurance for many children and also working adults who cannot afford the insurance premiums.She proposes legislation that states are taxed sufficiently to provide health insurance coverage to children and that federal funds for state highways are denied to any state that does not also provide insurance coverage for uninsured adults.She also proposed that states with citizens earning higher than average incomes be taxed at a higher rate than other states.Bill,a senator,tells Susan that Congress lacks the authority to tax in this manner because the U.S.Constitution expressly reserves that right to the states.Ellen,another senator,tells Susan that Congress has no authority to link highway funds or any other funds with social welfare objectives.Sam,an administrative assistant,tells Susan that Congress is prohibited from taxing residents of one state at a higher rate than citizens of another state.Which of the following is true regarding Ellen's statement?

A)Ellen is correct.
B)Ellen is correct only if the state is making efforts to put social programs into effect and is not acting unreasonably in refusing to provide needed services.
C)Ellen is partially correct in that Congress has no authority to link highway funds with social services,but any other funds may be linked to social services by executive order.
D)Ellen is partially correct in that Congress has no authority to link highway funds with social services,but other funds may be linked to social services by an act of Congress.
E)Ellen is incorrect.

Question 74

Explain the Central Hudson Gas & Electric Corp.v.Public Service Commission of New York test for commercial speech and set forth your opinion as to whether the Central Hudson test should be expanded to provide additional protection for commercial speech.

Question 75

Scruffy.Sam is engaged in the criminal activity of growing marijuana in his home.A couple of police officers,while randomly passing through the neighborhood,saw Sam go to the mailbox.They thought that he looked a little scruffy,and they were concerned that they had not made a sufficient number of arrests in the past month.They decided to "check out" Sam.Therefore,they immediately broke down Sam's door,searched his home,and arrested him.The police officer in charge told Sam that because marijuana was involved,he lost his rights against self-incrimination and that he might as well confess.Sam proceeded to confess to growing marijuana and a number of other crimes.The judge was so angry with Sam that he threw him in jail for two months without any kind of hearing.Sam's lawyer is concerned that the judge has not granted Sam a hearing.Which of the following is one right that the judge has violated?

A)Sam's right to substantive due process.
B)Sam's First Amendment rights.
C)Sam's right to procedural due process.
D)Sam's Fourth Amendment rights.
E)Sam's Second Amendment rights.

Question 76

Which of the following are types of due process?

A)Procedural due process only
B)Substantive due process only
C)Independent due process only
D)Procedural,substantive,and independent due process
E)Procedural and substantive due process,but not independent due process

Question 77

Junk Food.Mary Dogood,a member of the school board in ABC County,is appalled at the amount of junk food in the schools.She convinces the state legislature to pass an ordinance that no stores may sell any unhealthy junk food within 500 feet of any school or day care center.A teacher of political science raises the issue of whether the regulation is valid and is told that it is a valid exercise of the jurisdiction's police power to protect its citizens.Convenience stores balk at the regulation and challenge it in court.What concept is addressed regarding the reference to "police power"?

A)The residual powers retained by each state to safeguard the health and welfare of its citizenry.
B)The residual powers retained by the federal government to enforce valid laws and regulations.
C)The powers granted to local government to enter residences without a search warrant.
D)The powers granted to state governments to tax for the purposes of having law enforcement.
E)The powers granted to state government to imprison citizens of other states who commit crimes within a state.

Question 78

Explain the concept of the "Dormant Commerce Clause." Address whether a state law banning the importation of out-of-state apples in order to assist in-state growers would violate the Dormant Commerce Clause.

Question 79

Insurance.Susan,a trained nurse,was recently elected to the U.S.Senate.Susan is very concerned about the lack of insurance for many children and also working adults who cannot afford the insurance premiums.She proposes legislation that states are taxed sufficiently to provide health insurance coverage to children and that federal funds for state highways are denied to any state that does not also provide insurance coverage for uninsured adults.She also proposed that states with citizens earning higher than average incomes be taxed at a higher rate than other states.Bill,a senator,tells Susan that Congress lacks the authority to tax in this manner because the U.S.Constitution expressly reserves that right to the states.Ellen,another senator,tells Susan that Congress has no authority to link highway funds or any other funds with social welfare objectives.Sam,an administrative assistant,tells Susan that Congress is prohibited from taxing residents of one state at a higher rate than citizens of another state.Which of the following is true regarding Sam's statement?

A)Sam is incorrect.The U.S.Congress has complete discretion on taxation.
B)Sam is incorrect,but before the U.S.Congress taxes one state's residents at a higher rate than citizens of other states,a compelling need must be shown.
C)Sam is incorrect,but before the U.S.Congress taxes one state's residents at a higher rate than citizens of other states,an important need must be shown.
D)Sam is incorrect,but before the U.S.Congress taxes one state's residents at a higher rate than citizens of other states,a disparity of income of over 30% must be shown.
E)Sam is correct.

Question 80

Insurance.Susan,a trained nurse,was recently elected to the U.S.Senate.Susan is very concerned about the lack of insurance for many children and also working adults who cannot afford the insurance premiums.She proposes legislation that states are taxed sufficiently to provide health insurance coverage to children and that federal funds for state highways are denied to any state that does not also provide insurance coverage for uninsured adults.She also proposed that states with citizens earning higher than average incomes be taxed at a higher rate than other states.Bill,a senator,tells Susan that Congress lacks the authority to tax in this manner because the U.S.Constitution expressly reserves that right to the states.Ellen,another senator,tells Susan that Congress has no authority to link highway funds or any other funds with social welfare objectives.Sam,an administrative assistant,tells Susan that Congress is prohibited from taxing residents of one state at a higher rate than citizens of another state.Which of the following is true regarding Bill's statement?

A)He is incorrect.The U.S.Constitution contains no such reservation.
B)He is partially correct.The U.S.Constitution prohibits taxation in areas in which states also tax,but most states are not taxing for insurance purposes at this time.
C)He is incorrect in saying that the U.S.Constitution expressly reserves the right to tax to the states,but he is correct in saying that Congress lacks the authority to tax in this manner because Congress cannot lay taxes for any reason other than essential needs of the federal government.
D)He is incorrect in saying that the U.S.Constitution expressly reserves the right to tax to the states,but he is correct in saying that Congress lacks the authority to tax in this manner because the president has issued an executive order prohibiting such taxation.
E)He is incorrect because the prohibition is contained in a federal statute passed by Congress,not in the U.S.Constitution.