Deck 6: The Constitution

Question 1

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

Answer 1

False
Explanation: The contract clause regulates state and local government; it does not restrict the federal government's power to impact contractual relationships.

Question 2

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

Answer 2

False
Explanation: Constitutional rights vary from time to time and may be narrowly interpreted during emergencies such as war or civil strife.

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 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 objectives of Congress.

Question 4

The establishment clause deals with freedom of speech.

Question 5

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

Question 6

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

Question 7

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

Question 8

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

Question 9

The federal government recognizes that states have no sovereignty.

Question 10

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

Question 11

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

Question 12

Freedom of speech relates to private action that restricts our ability to express ourselves.

Question 13

The Constitution emphasizes that federal law is supreme over a state law or local ordinance.

Question 14

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

Question 15

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

Question 16

If a federal law preemptsa subject then any state law that attempts to regulate the same activity is constitutional under the supremacy clause.

Question 17

Freedom of speech protects corporations as well as individuals.

Question 18

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

Question 19

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

Question 20

Freedom of speech is an absolute constitutional guarantee.

Question 21

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

Question 22

The three significant concepts of the Constitution that create a strong centralized, federal government are the concept of separation of powers, the supremacy clause, and the _____.

A) concept of federalism
B) concept of imperialism
C) overbreadth doctrine
D) contract clause
E) doctrine of preemption

Question 23

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

Question 24

The concept of _____ recognizes that each level of government has a separate and distinct role to play.

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

Question 25

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

Question 26

The Supreme Court reviewed a tax issued by the state of Alabama on a federally incorporated insurance organization. The Court found that if a state had the power to levy a tax on a federally incorporated institution, then the state had the power to destroy the federal institution. This would make the states superior to the federal government. Hence, the Court held that Alabama's tax on the insurance organization was unconstitutional. Which of the following supports the act of the Court?

A) Supremacy clause
B) Exclusion clause
C) Strict scrutiny approach
D) Minimum rationality approach
E) Contract clause

Question 27

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

Question 28

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

Question 29

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

Question 30

When various laws are not consistent, which of the following is given first priority?

A) United States Constitution
B) State laws
C) Local laws
D) United States laws
E) Uniform State laws

Question 31

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 32

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

Question 33

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 34

Libel cases compensate individuals for harm inflicted by defamatory printed falsehoods.

Question 35

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

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

Question 36

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) Article of Confederation

Question 37

The concept of preemption applies to _____ and rules and regulations of federal administrative agencies.

A) the exclusion clause
B) the state clause
C) local government
D) state laws
E) federal statutes

Question 38

Which of the following is true about federalism?

A) State government may limit the federal government's exercise of powers.
B) Federalism refers to the common powers of the federal government and governments at the state and local levels.
C) Federalism recognizes that all levels of government have interrelated roles.
D) Federalism emphasizes that states do not have sovereignty.
E) The federal government recognizes that it was created by the states.

Question 39

Which of the following is true about preemption?

A) When the federal government enacts laws in an area, state laws that conflict are retained.
B) If a federal law preempts a subject; state law that attempts to regulate it is unconstitutional.
C) Preemption does not apply to federal statutes.
D) The concept of preemption arises from the contract clause.
E) If a federal law preempts a subject; state law that attempts to regulate it is constitutional.

Question 40

If a person involved in defamation is a public official or figure, a plaintiff seeking damages for emotional distress caused by offensive publications must prove actual malice in order to recover.

Question 41

Hungry Hogs Corporation, an international hotdog eatery produced a misleading television advertisement. One of the ads compared the nutritional value of their hotdogs to the burgers sold by Gobble Up Inc. The ad stated that two hotdogs of Hungry Hogs contained 30 grams of fat, whereas, one burger of Gobble Up Inc. contained 52 grams. This ad led to a good consumer response. However, an anti-restaurant political group filed a complaint with a federal institution. The federal institution issued an order prohibiting Hungry Hogs from making health-compatibility statements about its products without scientific evidence. This instance of regulation on advertising of health-compatibility statements about food products is an example of a limitation on _____.

A) symbolic speech
B) individual speech
C) overbreadth doctrine
D) commercial speech
E) freedom of thought

Question 42

A _____ is used to recover damages as a result of printed defamation of character.

A) slander
B) calumny
C) libel
D) vilification
E) traducement

Question 43

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

A) It prevents individuals from acting in an arbitrary manner.
B) It applies to the actions of governmental bodies and individuals.
C) It prevents public utilities from acting in an unreasonable manner.
D) It does not prevent private individuals or corporations, including public utilities, from acting in an unreasonable manner.
E) It applies only to the actions of individuals and businesses'.

Question 44

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

A) Basic constitutional rights are absolute.
B) Constitutional rights do not vary from time to time.
C) Constitutional rights are not interpreted during emergencies such as war or civil strife.
D) During peace time, constitutional principles are not reapplied.
E) Constitutional guarantees exist to protect the minority from the majority.

Question 45

A school in the state of Connecticut does not allow students to pray or maintain even a moment of silence in the school premises. Which of the following first amendment protections is this school providing?

A) Freedom of speech
B) Freedom of religion
C) Freedom of the press
D) Freedom of expression
E) Freedom of symbolic speech

Question 46

Snow Crystals Inc., a leading skate park construction company, had constructed a skate park with a charter in the state of Alaska. A few years later, when the state authority sanctioned the Nightingale Bridge Company to build a bridge that would use the land where the skate park was already constructed, the proprietors of Snow Crystals claimed that the state authority had broken its agreement with Snow Crystals, and thus the contract had been violated. The owners claimed that the charter had implied exclusive rights to Snow Crystals Inc. Which of the following should be applied to enable Snow Crystals Inc. avail justice?

A) Preemption doctrine
B) State clause
C) Contract clause
D) Overbreadth doctrine
E) Supremacy clause

Question 47

If a person involved in a case involving freedom of the press is a public official or figure, a plaintiff seeking damages for emotional distress caused by offensive publications must prove _____ in order to recover.

A) slander
B) actual malice
C) common law malice
D) vilification
E) traducement

Question 48

_____ 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) Due process clause

Question 49

Which of the following states that that government may not act in a manner that is arbitrary, capricious, or unreasonable?

A) Procedural clause
B) Contract clause
C) Exclusion clause
D) Limitation clause
E) Due process clause

Question 50

Luke, Rocky, Nelly, and Mario are graffiti artists who belong to a minority community. They spray paints on a public wall in their city. They create designs and paintings on the wall depicting political and social issues that affect their community. This way, they protest against unfair practices. Which form of first amendment protection are these artists engaging themselves in?

A) Freedom of the press
B) Freedom of religion
C) Freedom of speech
D) Establishment clause
E) Free exercise clause

Question 51

Which of the following is true about freedom of speech?

A) It covers both verbal and written communications.
B) It exists to protect the majority from the minority.
C) Its protection relates to private action that restricts our ability to express ourselves.
D) It covers written communications but not conduct or actions.
E) It is an absolute constitutional guarantee.

Question 52

A city makes it a crime to write anything on any public or private property. Harry was a resident of the city. He wanted to write something on a private sign that he owned. As he was worried about violating the law, he approached the court for support. The court declared this law unconstitutional based on the _____.

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

Question 53

The contract clause:

A) applies to the federal government.
B) allows a state to impose new prices on existing contracts.
C) prohibits the federal government from contracting with a state government.
D) limits a state's ability to impair the obligation of a contract.
E) allows a state to enact laws that impact rights under existing contracts.

Question 54

When a legislature passes a law that unnecessarily or too generally restricts freedom of speech, the court may declare the law unconstitutional based on the _____.

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

Question 55

The Second Amendment consists of the:

A) right to free speech.
B) right to respect any establishment of religion.
C) right to possess guns.
D) right to freely exercise any religious practice.
E) right to free commercial speech.

Question 56

The concept of incorporation through the _____ clause has made the protection of the Bill of Rights applicable to individuals subject to state and local regulations.

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

Question 57

Which of the following is true about the supremacy clause?

A) State laws that conflict are incorporated when the federal government enacts laws in an area.
B) If a federal law preempts a subject, a state law that attempts to regulate it is constitutional.
C) It states that courts must interpret state and federal laws to see if they are in conflict.
D) It is applied when the federal government is not acting in pursuit of its constitutionally authorized powers.
E) It does not apply to the federal government.

Question 58

Gerard was hired to publish a weekly journal in the state of California. When he printed another person's article that criticized the governor of a state at the time, Gerard was accused of a certain tort theory. Which of the following tort theories would he most likely be accused of?

A) Libel
B) Calumny
C) Slander
D) Vilification
E) Traducement

Question 59

Which of the following is true about commercial speech?

A) It is not protected by the First Amendment.
B) Corporations have First Amendment rights in the political speech arena.
C) The public interests served by freedom of expression protect the listener but not the speaker.
D) Freedom of speech for corporations is as extensive as the right of an individual.
E) Corporations are not protected and do not have the right to free speech.

Question 60

Which of the following is true about 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 61

Minimum rationality tests are applied to cases involving classifications based on _____.

A) race
B) national origin
C) legitimacy
D) marriage
E) gender

Question 62

Briefly explain the concept of preemption.

Question 63

What is federalism?

Question 64

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

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

Question 65

Under the minimum rationality approach, a _____ qualifies as a legitimate goal of government.

A) rational connection
B) prohibited state end
C) irrational state end
D) permissible state end
E) wholly arbitrary case

Question 66

Mention the main purpose of the Fourteenth Amendment. List the three important clauses of the Fourteenth Amendment.

Question 67

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 establishment of religion.
D) right to exercise any religious practices.
E) right to free speech.

Question 68

Polly secured a good grade with a 4 GPA in her admission test. However, she was denied admission by a management school. Hence, she filed a suit that the school had discriminated against her on the basis of race; that she was rejected because the school used race as an important factor, giving applicants belonging to minority groups a greater chance of admission than students with similar credentials from disfavoured racial groups. Which of the following approaches should be applied to solve Polly's case?

A) Minimum rationality approach
B) Strict scrutiny approach
C) Rational basis approach
D) Intermediate scrutiny approach
E) Quasi-scrutiny approach

Question 69

Which of the following is true about 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) It is used when the rights involved are not quite fundamental.
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 70

Quasi-strict scrutiny tests are applied to cases involving classifications based on _____.

A) height
B) legitimacy
C) marriage
D) age
E) weight

Question 71

The equal protection clause has been applied in cases involving:

A) welfare residency requirements.
B) commercial speech.
C) right to use guns in public areas.
D) freedom of the press.
E) marriage.

Question 72

Briefly explain the supremacy clause.

Question 73

List the basic concepts of the United States Constitution.

Question 74

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

A) suspect
B) quasi-suspect
C) rational basis
D) intermediate
E) non-fundamental

Question 75

Quasi-scrutiny tests are made on cases involving classifications based on _____.

A) gender
B) age
C) race
D) national origin
E) height

Question 76

The meaning and application of the equal protection clause have been central issues in cases involving the:

A) right to possess guns.
B) freedom of the press.
C) freedom of expression.
D) prohibition of respecting any establishment of religion.
E) makeup of juries.

Question 77

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

A) Under this approach, a classification will be an acceptance of equal protection.
B) Under this approach, a law creating different classifications will survive an equal protection challenge.
C) Classifications that are subject to this approach are presumed to be unconstitutional.
D) This approach is used when classifications are partially suspect or the rights involved are not fundamental.
E) This approach is used when classifications are rationally connected to a permissible government objective.

Question 78

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

A) Cases that fall under the minimum rationality approach use quasi-strict scrutiny tests.
B) If a classification has a reasonable basis and not wholly arbitrary one, these tests are used.
C) They are used for cases involving fundamental rights.
D) Cases that fall between the minimum rationality and strict scrutiny approaches use them.
E) If a classification is perfectly suspect, quasi-strict scrutiny tests are used.

Question 79

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

A) A permissible state end is one which is prohibited by at least one provision of the Constitution.
B) A permissible state end is one which is not prohibited by another provision of the Constitution.
C) A permissible state end does not qualify as a legitimate goal of government.
D) A law creating different classifications will survive if it has an irrational connection to a permissible state end.
E) A law creating different classifications will survive if it has a rational connection to a prohibited state end.

Question 80

A military institute in California launched a separate program for women. However, the senior members of the program held that women would not be provided with the same type of rigorous military training, facilities, courses, faculty, financial opportunities, and alumni connections that were provided to male cadets. The women cadets of the program filed a suit in order to get justice. Which of the following approaches should be applied to enable the women avail justice?

A) Minimum rationality approach
B) Strict scrutiny approach
C) Quasi-scrutiny approach
D) Intermediate scrutiny approach
E) Rational basis approach