Deck 5: Constitutional Principles

Question 1

Federal laws include laws passed by federal administrative agencies.

Answer 1

True

Question 2

According to the principle of federalism established by the U.S. Constitution, how is the authority to govern allocated?

A) It is allocated to the federal government.
B) It is allocated to the states.
C) It is allocated to local jurisdictions.
D) It is allocated to the U.S. Senate.
E) It is divided between federal and state governments.

Answer 2

It is divided between federal and state governments.

Question 3

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

Answer 3

True

Question 4

No First Amendment protections apply to corporations.

Question 5

"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 claiming that the law impermissibly affects interstate commerce.

-What do courts generally presume regarding laws passed in accordance with states' police power?

A) There is no presumption.
B) The laws are valid.
C) The laws are invalid.
D) The laws are invalid unless it involves a First Amendment right.
E) The laws are invalid unless it involves regulation of interstate commerce.

Question 6

"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 claiming that the law impermissibly affects interstate commerce.

-What does the term "police power" reference?

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 7

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

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

Question 8

The primary source of authority for federal regulation of business is the First Amendment to the U.S. Constitution.

Question 9

The landmark early U.S. Supreme Court case of Marbury v. Madison recognized the right of courts to exercise judicial review in order to determine the constitutionality of laws.

Question 10

Not all corporate speech is political speech.

Question 11

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

A) Because the U.S. Congress passed a law to that effect.
B) Because the federal government has only those powers granted to it by the Constitution.
C) Because President Lincoln issued an executive order to that effect.
D) Because President Washington issued an executive order to that effect.
E) Because it is a custom.

Question 12

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

A) Two
B) Three
C) Four
D) Five
E) Six

Question 13

Which of the following is true regarding laws passed by the U.S. Congress under the authority of the commerce clause?

A) As long as the law affects commerce among the states, or interstate commerce, in some way, the regulation is generally constitutional.
B) The law will only be constitutional if it affects taxation in some way.
C) As long as the law involves in some way a right guaranteed by the Bill of Rights, it is constitutional.
D) As long as the law is approved by any state affected, it is constitutional.
E) As long as the law is not objected to by any state affected within six months of its passage, it is constitutional.

Question 14

How was the process of judicial review established under which courts review legislative and executive actions to determine whether they are constitutional?

A) By vote of the U.S. Senate
B) By vote of the U.S. House of Representatives
C) By vote of both the U.S. Senate and the U.S. House of Representatives
D) By early common law
E) By executive proclamation

Question 15

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

Question 16

The U.S. Constitution establishes a system of government based on the principle of federalism.

Question 17

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

A) The First Amendment, clause three
B) The supremacy clause
C) The commerce clause
D) The Eighth Amendment, clause one
E) The federalism clause

Question 18

The fourteenth amendment is part of the Bill of Rights.

Question 19

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

Question 20

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 21

"Animal Care." Susan, a licensed veterinarian, was recently elected to the U.S. Senate. Susan is very concerned about the lack of care for homeless cats and dogs. She proposes legislation that citizens of all states be taxed sufficiently to provide for no-kill animal shelters that citizens in states with higher than average incomes be taxed at a higher rate than citizens of other states. She also proposed that federal funds for state highways be denied to any state that fails to provide assistance to low income citizens in covering pet vaccinations. Bill, another new senator, tells Susan that, apart from the mandated federal income tax, Congress lacks the authority to tax states because the U.S. Constitution expressly reserves that right to the states. Sam, another senator, tells Susan that Congress has no authority to link highway funds or any other funds with social welfare objectives. Ellen, a clerk in the Senate, tells Susan that Congress is absolutely prohibited from taxing residents of one state at a higher rate than citizens of another state.



-Which amendment prohibits cruel and unusual punishment?

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

Question 22

Today, when the First Amendment is concerned, what does the term "political speech" reference?

A) Speech that occurs when corporations support political candidates.
B) Speech by any citizen in connection with an election campaign.
C) Speech by elected officials regarding other elected officials.
D) Speech by private citizens involving advertising that is regulated by state government.
E) While the term "political speech" has historical connections, the First Amendment is not referenced in relation to "political speech" today because today all speech is considered at the same level.

Question 23

Which amendment protects freedom of religion?

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

Question 24

As expressed in the text, which of the following expresses the United Nations declaration on hate speech?

A) The United Nations' declaration protects hate speech to the same degree as courts in the U.S. discussed in the text.
B) The United Nations' declaration states that speech is only recognized as "hate speech" if it is gender-based.
C) The United Nations' declaration states that speech is only recognized as "hate speech" if it is racially based.
D) The United Nations' declaration states that hate speech is not a protected form of expression.
E) There is no United Nations declaration on hate speech because that body expressly determined that any decision on the matter should be postponed.

Question 25

"Animal Care." Susan, a licensed veterinarian, was recently elected to the U.S. Senate. Susan is very concerned about the lack of care for homeless cats and dogs. She proposes legislation that citizens of all states be taxed sufficiently to provide for no-kill animal shelters that citizens in states with higher than average incomes be taxed at a higher rate than citizens of other states. She also proposed that federal funds for state highways be denied to any state that fails to provide assistance to low income citizens in covering pet vaccinations. Bill, another new senator, tells Susan that, apart from the mandated federal income tax, Congress lacks the authority to tax states because the U.S. Constitution expressly reserves that right to the states. Sam, another senator, tells Susan that Congress has no authority to link highway funds or any other funds with social welfare objectives. Ellen, a clerk in the Senate, tells Susan that Congress is absolutely prohibited from taxing residents of one state at a higher rate than citizens of another state.



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

A) First
B) Second
C) Fifth
D) Sixth
E) None

Question 26

Restrictions on states' authority to pass laws that substantially affect interstate commerce are referenced by which of the following?

A) The dormant commerce clause
B) The superior commerce clause
C) The interstate trafficking commerce clause
D) The tracking clause
E) The state authority clause

Question 27

Which of the following was the result in Family Winemakers of California v. Jenkins, the case brought by winemakers from California challenging a Massachusetts law distinguishing between how large and small winemakers could distribute their wines in Massachusetts?

A) That the law impermissibly discriminated against out-of-state winemakers in violation of the Commerce Clause.
B) That the law permissibly discriminated against out-of-state winemakers and did not violate the commerce clause.
C) That the law impermissibly discriminated against out-of-state winemakers in violation of the Twenty-first Amendment to the U.S. Constitution.
D) That the law impermissibly discriminated against out-of-state winemakers in violation of the Webb-Kenyon Acts.
E) That the law did not discriminate against out-of-state winemakers and that, therefore, no violation occurred.

Question 28

"Animal Care." Susan, a licensed veterinarian, was recently elected to the U.S. Senate. Susan is very concerned about the lack of care for homeless cats and dogs. She proposes legislation that citizens of all states be taxed sufficiently to provide for no-kill animal shelters that citizens in states with higher than average incomes be taxed at a higher rate than citizens of other states. She also proposed that federal funds for state highways be denied to any state that fails to provide assistance to low income citizens in covering pet vaccinations. Bill, another new senator, tells Susan that, apart from the mandated federal income tax, Congress lacks the authority to tax states because the U.S. Constitution expressly reserves that right to the states. Sam, another senator, tells Susan that Congress has no authority to link highway funds or any other funds with social welfare objectives. Ellen, a clerk in the Senate, tells Susan that Congress is absolutely 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 correct.
B) Sam is correct only if the state is making efforts to put social programs into effect and is not acting unreasonably in refusing to provide other needed services.
C) Sam is partially correct in saying 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) Sam is partially correct in saying 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) Sam is incorrect.

Question 29

Which of the following prohibits states from discriminating against citizens of other states when those nonresidents engage in ordinary and essential activities such as seeking employment?

A) The full faith and credit clause
B) The privileges and immunities clause
C) The contract clause
D) The citizens' rights clause
E) The first amendment

Question 30

"Animal Care." Susan, a licensed veterinarian, was recently elected to the U.S. Senate. Susan is very concerned about the lack of care for homeless cats and dogs. She proposes legislation that citizens of all states be taxed sufficiently to provide for no-kill animal shelters that citizens in states with higher than average incomes be taxed at a higher rate than citizens of other states. She also proposed that federal funds for state highways be denied to any state that fails to provide assistance to low income citizens in covering pet vaccinations. Bill, another new senator, tells Susan that, apart from the mandated federal income tax, Congress lacks the authority to tax states because the U.S. Constitution expressly reserves that right to the states. Sam, another senator, tells Susan that Congress has no authority to link highway funds or any other funds with social welfare objectives. Ellen, a clerk in the Senate, tells Susan that Congress is absolutely prohibited from taxing residents of one state at a higher rate than citizens of another state.



-Which amendment extends most of the provisions of the Bill of Rights to the states?

A) Thirteenth
B) Fourteenth
C) Twenty-first
D) Twenty-second
E) Fortieth

Question 31

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 32

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 warrant
C) Search authorization form
D) Seek warrant
E) Review authorization

Question 33

Which of the following was the result at the U.S. Supreme Court level in United States v. Lopez, the case in which the Court addressed the constitutionality of the Gun-Free School Zone Act?

A) The Court ruled that the law was a valid exercise of congressional authority under the full faith and credit clause.
B) The Court ruled that the law was a valid exercise of congressional authority contained within the Bill of Rights.
C) The Court ruled that Congress exceeded its power under the Bill of Rights when it passed the act.
D) The Court ruled that Congress exceeded its commerce clause authority when it passed the act.
E) The Court ruled that the law was a valid exercise of the Court's authority under the commerce clause.

Question 34

"Animal Care." Susan, a licensed veterinarian, was recently elected to the U.S. Senate. Susan is very concerned about the lack of care for homeless cats and dogs. She proposes legislation that citizens of all states be taxed sufficiently to provide for no-kill animal shelters that citizens in states with higher than average incomes be taxed at a higher rate than citizens of other states. She also proposed that federal funds for state highways be denied to any state that fails to provide assistance to low income citizens in covering pet vaccinations. Bill, another new senator, tells Susan that, apart from the mandated federal income tax, Congress lacks the authority to tax states because the U.S. Constitution expressly reserves that right to the states. Sam, another senator, tells Susan that Congress has no authority to link highway funds or any other funds with social welfare objectives. Ellen, a clerk in the Senate, tells Susan that Congress is absolutely prohibited from taxing residents of one state at a higher rate than citizens of another state.



-Is Bill correct?

A) He is incorrect. The U.S. Constitution contains no such reservation.
B) He is incorrect because while the U.S. Constitution prohibits taxation in areas in which states also tax, most states are not taxing for pet care purposes at this time.
C) He is incorrect in saying that the U.S. Constitution generally 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 generally 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 against Congress imposing taxes apart from the federal income tax is contained in a federal statute passed by Congress, not in the U.S. Constitution.

Question 35

"Animal Care." Susan, a licensed veterinarian, was recently elected to the U.S. Senate. Susan is very concerned about the lack of care for homeless cats and dogs. She proposes legislation that citizens of all states be taxed sufficiently to provide for no-kill animal shelters that citizens in states with higher than average incomes be taxed at a higher rate than citizens of other states. She also proposed that federal funds for state highways be denied to any state that fails to provide assistance to low income citizens in covering pet vaccinations. Bill, another new senator, tells Susan that, apart from the mandated federal income tax, Congress lacks the authority to tax states because the U.S. Constitution expressly reserves that right to the states. Sam, another senator, tells Susan that Congress has no authority to link highway funds or any other funds with social welfare objectives. Ellen, a clerk in the Senate, tells Susan that Congress is absolutely prohibited from taxing residents of one state at a higher rate than citizens of another state.



-The first _____ amendments to the U.S. Constitution are known as the Bill of Rights.

A) Five
B) Six
C) Eight
D) Nine
E) Ten

Question 36

Which of the following is true regarding the protection of "fighting words" under the First Amendment?

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 37

"Animal Care." Susan, a licensed veterinarian, was recently elected to the U.S. Senate. Susan is very concerned about the lack of care for homeless cats and dogs. She proposes legislation that citizens of all states be taxed sufficiently to provide for no-kill animal shelters that citizens in states with higher than average incomes be taxed at a higher rate than citizens of other states. She also proposed that federal funds for state highways be denied to any state that fails to provide assistance to low income citizens in covering pet vaccinations. Bill, another new senator, tells Susan that, apart from the mandated federal income tax, Congress lacks the authority to tax states because the U.S. Constitution expressly reserves that right to the states. Sam, another senator, tells Susan that Congress has no authority to link highway funds or any other funds with social welfare objectives. Ellen, a clerk in the Senate, tells Susan that Congress is absolutely 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 incorrect. The U.S. Congress has complete discretion on taxation.
B) Ellen is partially incorrect because before the U.S. Congress taxes one state's residents at a higher rate than citizens of other states, a rational relationship between the difference and governmental need must be shown.
C) Ellen is incorrect because 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) Ellen is incorrect because 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% between one state and another must be shown.
E) Ellen is correct.

Question 38

What does the free-exercise clause of the First Amendment provide?

A) Government cannot make a law prohibiting choice in relation to religion.
B) Government cannot make a law establishing a religion.
C) Government cannot make a law referencing religion in any manner.
D) Government must establish laws respecting religion in order to prevent disruptive behavior such as terrorism and to allow free-exercise by the majority.
E) That only religions recognized when the First Amendment was passed are entitled to recognition and protection.

Question 39

Which of the following requires that courts in all states uphold contracts and public acts of every state thereby protecting wills, divorce decrees, and judgments in civil courts?

A) The full faith and credit clause
B) The privileges and immunities clause
C) The commerce clause
D) The contract clause
E) The Bill of Rights clause

Question 40

What does the establishment clause of the First Amendment provide?

A) Government cannot make a law prohibiting the free exercise of religion.
B) Government cannot make a law establishing a religion.
C) Government cannot make a law referencing religion in any manner.
D) Government must establish laws respecting religion in order to prevent disruptive behavior such as terrorism and to allow free-exercise by the majority.
E) That only religions recognized when the First Amendment was passed are entitled to recognition and protection.

Question 41

Which of the following are types of due process?

A) Procedural, substantive, and independent
B) Substantive, independent, and full faith
C) Independent, full faith, and substantive
D) Independent, full faith, and procedural
E) Procedural and substantive

Question 42

"Thermal Imaging." Sam was engaged in the criminal activity of growing marijuana in his home using heat lamps in the process. The police randomly selected his street to search for illegal activity. Without any kind of a warrant, they used a thermal imager, an instrument that detects heat emissions, to determine that he was possibly engaged in illegal activity. The police immediately broke down Sam's door, searched his home, and arrested him. The police officer in charge told Sam that he had no right to keep silent 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 using the thermal imager. Sam's lawyer also questions whether Sam had a right to remain silent, and he is concerned that the judge has not granted Sam a hearing.

-Which of the following references rights Sam had in regard to a hearing?

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 43

"Thermal Imaging." Sam was engaged in the criminal activity of growing marijuana in his home using heat lamps in the process. The police randomly selected his street to search for illegal activity. Without any kind of a warrant, they used a thermal imager, an instrument that detects heat emissions, to determine that he was possibly engaged in illegal activity. The police immediately broke down Sam's door, searched his home, and arrested him. The police officer in charge told Sam that he had no right to keep silent 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 using the thermal imager. Sam's lawyer also questions whether Sam had a right to remain silent, and he is concerned that the judge has not granted Sam a hearing.

-Which of the following is true on the issue of whether the police acted within their rights by using the thermal imager?

A) The police acted within their rights so long as they can show that they asked a judge for a warrant before using the thermal imager, but the judge refused.
B) The police acted within their rights so long as they can show that the street was truly chosen at random for a search.
C) The police acted within their rights 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 in using the thermal imager.

Question 44

Which of the following was the result at the U.S. Supreme Court level in Christy Brzonkala v. Antonio Morrison, the case in the text involving the constitutionality of the section of the Violence Against Women Act providing for a civil remedy?

A) That Congress lacked authority under the Commerce Clause to pass the section at issue.
B) That because of its police powers, Congress had authority under the Commerce Clause to pass the section at issue.
C) That because gender-motivated crimes were at issue, Congress had authority under the Commerce Clause to pass the section at issue.
D) That because violent crime was involved, Congress had authority under the Commerce Clause to pass the section at issue.
E) That because the petitioner established a link between the cost of crime against women and national productivity, Congress had authority under the Commerce Clause to pass the section at issue.

Question 45

Which of the following is true regarding rights of the citizens of Belarus?

A) The constitution restricts movement outside of the country.
B) The defendant in a criminal case has no protection from providing evidence against himself or herself.
C) Citizens have the right to profess any religion, but they must profess some religion.
D) The constitution limits the workweek to 30 hours.
E) Citizens accused of crimes are presumed innocent until proven guilty.

Question 46

Which of the following refers 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) Independent due process
D) The prohibition against taking
E) The prohibition against pervasive regulation

Question 47

Which amendment protects citizens from unreasonable searches and seizures?

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

Question 48

What does protection against "double jeopardy" mean?

A) The government cannot try a person more than once for the same crime.
B) The government cannot try a person more than twice for the same crime.
C) The government must have double proof to prosecute a person twice for the same crime.
D) 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) The government may impose a double sentence on a repeat offender in order to protect the public.

Question 49

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) The U.S. Supreme Court has found that U.S. citizens have a right to privacy based upon the U.S. Constitution, and the U.S. Constitution specifically provides for a right to privacy within the Sixth Amendment.

Question 50

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 51

What was the result at the U.S. Supreme Court level in the Case Opener involving the constitutionality of the "individual mandate" contained within the Affordable Care Act requiring that most Americans obtain minimum essential health insurance contained within the Affordable Care Act?

A) The Supreme Court upheld the "individual mandate" of the Affordable Care Act on the basis that it was a valid exercise of congressional power under the taxing clause.
B) The Supreme Court upheld the "individual mandate of the Affordable Care Act on the basis that it was a valid exercise of congressional power" under the commerce clause.
C) The Supreme Court upheld the "individual mandate" of the Affordable Care Act on the basis that it was a valid exercise of congressional power under the taxing clause and also under the Commerce Clause.
D) The Supreme Court struck the "individual mandate" from the Affordable Care Act as a violation of the Commerce Clause but allowed the remainder of the law to remain.
E) The Supreme Court struck the "individual mandate" from the Affordable Care Act as a violation of the taxing clause but allowed the remainder of the law to remain.

Question 52

When may government agents search without a search warrant?

A) When law enforcement officials believe it is 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) When they can show that they have heightened probable cause.

Question 53

Which of the following is true regarding the Fifth Amendment's protection against self-incrimination?

A) A person only has to be a witness against himself or herself if a felony is involved.
B) A person does not have to be a witness against himself or herself if a first criminal offense is involved.
C) 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) A person does not have to be a witness against himself or herself in a criminal case.
E) A person has to be a witness against himself or herself.

Question 54

Which 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 55

What did the U.S. Supreme Court rule in South Dakota v. Dole, the case involving the validity of a federal statute granting federal funds for state highways to only those states in which 21 is the legal drinking age?

A) The Court upheld the statute.
B) The Court upheld the statute only in the case of states that could not provide matching funds; and if matching funds could be provided, the Court ruled that there was insufficient reason for the law.
C) The Court upheld the statute only in the case of states that could provide matching funds; and if matching funds could not be provided, the Court ruled that Congress was overreaching in regard to partnership between state and federal government.
D) The Court struck the statute on the basis that it violated the Commerce Clause under the U.S. Constitution.
E) The Court struck the statute on the basis that it violated the taxing and spending powers of the federal government under the U.S. Constitution.

Question 56

"Thermal Imaging." Sam was engaged in the criminal activity of growing marijuana in his home using heat lamps in the process. The police randomly selected his street to search for illegal activity. Without any kind of a warrant, they used a thermal imager, an instrument that detects heat emissions, to determine that he was possibly engaged in illegal activity. The police immediately broke down Sam's door, searched his home, and arrested him. The police officer in charge told Sam that he had no right to keep silent 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 using the thermal imager. Sam's lawyer also questions whether Sam had a right to remain silent, and he is concerned that the judge has not granted Sam a hearing.

-Which of the following is true on the issue of whether Sam had a right to remain silent?

A) The officer was incorrect, and Sam had the right to remain silent based on his constitutional protection against self-incrimination.
B) The officer was correct that Sam had no right to remain silent, and there has never been a constitutional right entitling a defendant to remain silent.
C) The officer was correct that Sam had no right to remain silent because while at one time there was a constitutional right entitling a defendant to remain silent, that right was repealed by constitutional amendment.
D) The officer was correct, and Sam had no right to remain silent because the right against self-incrimination only protects against crimes involving physical harm to another.
E) The officer was partially correct because while Sam had a right to remain silent about other crimes, he did not have the right to remain silent about the drugs found in the initial search.

Question 57

Which of the following is true regarding the right of the federal government to obtain business books and records?

A) The government has an absolute right to business books and records so long as a subpoena is issued by a grand jury.
B) The government has no rights to such records without a search warrant, and a grand jury subpoena is insufficient regardless of whether a sole proprietor or a corporate shareholder is involved.
C) Obtaining books and records from a sole shareholder of a corporation and also from a sole proprietor based only upon a subpoena issued by a grand jury violates the right against self-incrimination.
D) Obtaining books and records from a sole proprietor based only on a subpoena from a grand jury violates the owner's rights against self-incrimination, but seizing records from a sole shareholder of a corporation in that manner does not violate rights against self-incrimination.
E) Obtaining books and records from a sole shareholder of a corporation based only on a subpoena from a grand jury violates the shareholder's rights against self-incrimination, but seizing records from a sole proprietor in that manner does not violate rights against self-incrimination.

Question 58

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

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

Question 59

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

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

Question 60

If the law's classification scheme is based on gender, the law will be subject to ___.

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

Question 61

Explain the system of checks and balances and how it works.

Question 62

Explain the concept of the "dormant commerce clause."

Question 63

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 or not Christen is right on both counts and why.

Question 64

What was the result at the federal appellate court level in Trunk v. San Diego, the case in the text involving whether the presence of a cross on federal land near a Korean War memorial violated the First Amendment?

A) The court ruled that the presence of the cross violated the First Amendment.
B) The court ruled that the presence of the cross did not violate the First Amendment because the cross promoted the service of veterans, not a religion.
C) The court ruled that the presence of the cross did not violate the First Amendment because it was initially erected by private parties and had historical significance.
D) The court ruled that the presence of the cross did not violate the First Amendment because although it was erected by public authorities, it had historical significance independent of its governmental ties.
E) The court ruled that the presence of the cross did not violate the First Amendment because although it did promote a particular religion, that religion was practiced by large numbers of the surrounding citizens.

Question 65

Which of the following is true regarding the ability of individual states to collect sales tax on Internet transactions?

A) Individual states may without restriction collect sales tax from merchants on items purchased through the Internet by in-state residents.
B) Only with permission of Congress, granted on a state-by-state basis, may individual states collect from merchants sales tax on items purchased through the Internet by in-state residents.
C) States cannot collect sales tax on Internet sales from merchants nor may a state require that its citizens report Internet purchases so that they may be taxed.
D) A state cannot collect sales tax from merchants unless sales to the state's citizens amount to more than 1 million in the aggregate.
E) A state can collect sales tax from a merchant only if the merchant has a store or distribution center in the state.

Question 66

When is a strict-scrutiny standard used to examine laws, how is this standard applied, and what presumption do courts apply, if any, in cases involving this standard?

Question 67

Set forth the Central Hudson Test for Commercial Speech.