Deck 5: Constitutional Law

Question 1

The Internal Revenue Service (IRS) is a federal agency established by Congress and tasked with administering and collecting federal income tax under the Fourteenth Amendment.

Answer 1

False

Question 2

The equal protection clause is a provision of the Constitution that grants Congress the power to regulate trade with foreign nations, and among the several states, and with the Indian tribes.

Answer 2

False

Question 3

Under the Fourteenth Amendment, if a State law discriminates on the basis of race or national origin, or if the law infringes on a fundamental constitutional right, the state must show that the law passes the strict scrutiny test.

Answer 3

True

Question 4

If Owen refused to testify on the premise that the information he would divulge would self-incriminate him, he can legally do so under the Fifth Amendment.

Question 5

The process of a court deciding whether a law is contrary to the constitution is known as the doctrine of preemption.

Question 6

The Fourteenth Amendment applies to actions of the federal government.

Question 7

The IRS does not improve taxpayers' understanding of tax laws.

Question 8

The right to bear arms is unlimited.

Question 9

Under the Fourth Amendment police officers and other government officials must have probable cause to be able to conduct a personal or property search.

Question 10

Since its inception, the federal Constitution of the United States has never been amended nor changed.

Question 11

The United States Constitution forms the basis for all American Law.

Question 12

It is constitutionally acceptable for a municipality to pass a law limiting what a journalist can write or say about a political candidate or issue.

Question 13

The Eighth Amendment mandates that people accused or convicted of crimes are subject to excessive bail.

Question 14

In the United States, how many types of powers do the federal Constitution and state constitutions confer on the government?

A) Eight
B) Six
C) Four
D) Two

Question 15

Express powers are those that are specifically stated in the U.S. Constitution.

Question 16

Each amendment of the federal constitution needs to be ratified by the legislatures of half of the 50 states.

Question 17

There are three types of constitutional powers.

Question 18

The strict scrutiny test is a standard that measures whether the legislature had a compelling interest for enacting a particular statute.

Question 19

The Eighth Amendment prevents the government from imposing an unjustly harsh fine on a person convicted of a crime.

Question 20

The Sixteenth Amendment grants the federal government the power to impose and collect a tax on individuals' incomes.

Question 21

The __________ Amendment restricts both the severity and the types of punishments that may be imposed by federal and state governments.

A) First
B) Fourth
C) Eighth
D) Sixteenth

Question 22

Identify and describe the process of deciding if a law is contrary to the Constitution.

Question 23

The following are clauses of the Constitution that have a specific impact on businesses EXCEPT:

A) Commerce Clause.
B) Full Faith and Credit Clause.
C) Supremacy Clause
D) Competitive Clause

Question 24

Freedom of speech is covered under which Amendment?

A) First Amendment
B) Second Amendment
C) Fourth Amendment
D) Sixteenth Amendment

Question 25

The supremacy clause is a provision of the United States Constitution that_____.

A) grants Congress the power to regulate trade with foreign nations, and among the several states, and with the Indian tribes.
B) mandates that each state respect and enforce both the judgments awarded by courts in other states, and the statutes and case law of other states.
C) requires state judges to follow federal law in the event of a conflict with state law.
D) prohibits the states from discriminating on the basis of race or national origin.

Question 26

Describe the doctrine of preemption.

Question 27

Each constitutional amendment must be proposed by a:

A) one-third vote of Congress.
B) one-fourth vote of Congress.
C) two-thirds vote of Congress.
D) three-fourths vote of Congress.

Question 28

The ______________ Amendment granted the federal government the power to impose and collect a tax on individuals' incomes.

A) Fourth
B) Eighth
C) Fourteenth
D) Sixteenth

Question 29

If a law places restrictions on economic or property interests, or if the law discriminates on a basis other than race, sex, national origin, and related categories, the state must show that the law passes the ____________test.

A) peer pressure test
B) rational basis test
C) intermediate scrutiny test
D) strict scrutiny test

Question 30

Under the Fourteenth Amendment, if a law discriminates on the basis of sex, or if the law restricts commercial speech, the state must demonstrate that the law passes the ____________ test.

A) intermediate scrutiny test
B) effect on conscience test
C) strict scrutiny test
D) rational basis test

Question 31

The Fourth Amendment ___________________.

A) grants Congress the power to regulate trade with foreign nations, and among the several states, and with the Indian tribes.
B) mandates that each state respect and enforce both the judgments awarded by courts in other states, and the statutes and case law of other states.
C) requires state judges to follow federal law in the event of a conflict with state law.
D) requires police officers and other government officials to have probable cause to be able to conduct a personal or property search.

Question 32

The Constitution is divided and subdivided in all of the following EXCEPT:

A) articles.
B) sections.
C) clauses.
D) papers.

Question 33

Provide examples of searches and seizures considered to be unreasonable under the Fourth Amendment.

Question 34

The Fifth Amendment requires that all persons be granted procedural and _____________ due process:

A) reflective
B) substantive
C) criminal
D) questionable

Question 35

What power does the Sixteenth Amendment grant the federal government and what agency was created by Congress to aid the federal government in administering these powers?

Question 36

Discuss the Free Speech part of the First Amendment and what types of speeches may be limited or silenced.

Question 37

The right to bear arms is protected under the ________________Amendment:

A) First.
B) Second.
C) Eighth.
D) Sixteenth.

Question 38

The Eighth Amendment provides for all of the following EXCEPT:

A) restricting both the severity and the types of punishments that may be imposed by federal and state governments.
B) mandating that people accused or convicted of crimes are not to be subject to excessive bail.
C) allowing for barbarous punishment.
D) preventing the government from imposing an unjustly harsh fine on a person convicted of a crime.

Question 39

All the following speeches may be limited or silenced under the First Amendment EXCEPT:

A) speech that incites imminent danger.
B) political or religious speech.
C) child pornography.
D) speech that is defamatory.

Question 40

The ___________________ is a federal agency established by Congress and tasked with administering and collecting federal income tax:

A) FDA.
B) IRS.
C) FDIC.
D) SEC.