Deck 5: The Constitution

Question 1

The Comprehensive Anti-Apartheid Act prohibits discrimination against U.S.citizens on the basis of race,color,national origin,and sex.

Answer 1

False

Question 2

The first ten amendments to the U.S.Constitution are referred to as the Bill of Rights.

Answer 2

True

Question 3

The power of Congress to regulate foreign trade is explicit,total,and exclusive.

Answer 3

True

Question 4

The limits of power between the president and congress have remained true and unchanged for more than two centuries,a testament to the wisdom of the founding fathers.

Question 5

The U.S.Constitution is both the first constitution adopted by the original thirteen colonies,and the oldest written constitution still in force.

Question 6

The Foreign Intelligence Surveillance Act requires federal officials to get a warrant from a secret court prior to carrying out surveillance or wiretapping.

Question 7

The state police can interfere with Congress's power to regulate interstate commerce.

Question 8

The federal government has near exclusive jurisdiction in family and property law.

Question 9

Congress routinely uses economic trade sanctions against "rogue" nations such as Cuba and North Korea as a means of economic warfare to try to bring about regime change.

Question 10

With reference to the U.S.Constitution,the House retains the exclusive right to provide advice and consent to the president.

Question 11

The power to restrict or distort foreign trade is shared by the Congress and the states.

Question 12

Congress has the power to protect intellectual property in copyrights and patents.

Question 13

The Constitution outlines what government must do,as opposed to what government cannot do.

Question 14

Article II grants the Speaker of the House an almost total power over foreign affairs,including the power to make treaties and appoint ambassadors.

Question 15

The division of enumerated powers between the legislative,judicial and executive branches is known as the separation of powers.

Question 16

SB 1070 included a provision that allowed state and local law enforcement to demand proof of legal presence in the U.S.

Question 17

The state government has near exclusive jurisdiction in operating airports and licensing airlines.

Question 18

The Senate retains the right to impeach officials for "high crimes and misdemeanors," and the House tries such impeached officials.

Question 19

Congress doesn't have the power to establish post offices and post roads,as it is a federal responsibility.

Question 20

The right to seek release from unlawful detention by petitioning a neutral judge is known as extraordinary rendition.

Question 21

While many portions of the Bill of Rights apply to the states,not all of it does.

Question 22

States are permitted to tax,but only if the activity taxed has a nexus to the state.

Question 23

The general power of states to regulate for the health,safety,and general welfare of the public is known as police power.

Question 24

According to the Bill of Rights,states are required to provide juries in civil trials.

Question 25

Not all types of speech are protected by the First Amendment to the Constitution.

Question 26

The Fifth Amendment to the Constitution prohibits "cruel and unusual" punishment.

Question 27

Political speech is always written or uttered.

Question 28

The First Amendment to the Constitution prohibits the government from restricting the free exercise of religion-this is called the Confrontation Clause.

Question 29

Persons visiting the United States temporarily,such as tourists and students,as well as undocumented aliens,are not entitled to the full protections of the U.S.Constitution while subject to U.S.law.

Question 30

If a state required out-of-state corporations to pay a higher tax or fee than an in-state corporation,that would be unconstitutional.

Question 31

Federal courts have held that state attempts to regulate Internet content are constitutional.

Question 32

Traditionally,if a state's citizen purchases goods from a seller out of state,he would pay the sales tax directly to the government.

Question 33

A transaction that takes place inside a state would create a nexus for sales tax to attach.

Question 34

The Eighth Amendment to the Constitution prevents any state from depriving citizens of their rights without "due process of law."

Question 35

Obscene speech is not subject to any protection under the First Amendment to the Constitution.

Question 36

The dormant commerce clause expands the state's abilities to regulate commerce.

Question 37

A state law that discriminates against out-of-state commerce,or places an undue burden on interstate commerce,would violate the dormant commerce clause.

Question 38

According to the theory of intelligent design,the universe is so complex that it is impossible to be explained by random nature and,therefore,an intelligent entity designed it.

Question 39

The dormant commerce clause was signed by President George W.Bush in 2002.

Question 40

The First Amendment to the Constitution prohibits the government from establishing any religion-this is called the Establishment Clause.

Question 41

Which of the following laws requires federal law enforcement officials to seek a search warrant from a secret court before carrying out wiretapping?

A)The Regulatory Flexibility Act
B)The Civil Rights Act
C)The REAL ID Act
D)The Foreign Intelligence Surveillance Act
E)The Uniform Custodial Trust Act

Question 42

Which of the following is true of the Articles of Confederation?

A)The articles granted unlimited authority to a federal government.
B)The Federalists thought the articles created a federal government that would be stable and strong.
C)The articles revived the federal government from bankruptcy.
D)It gave larger states more power to vote than smaller states.
E)The articles reserved the power to regulate commerce to the states.

Question 43

Which of the following is one of the two legislative branches established by Article I of the Constitution?

A)The House of Lords
B)The House of Commons
C)The Chamber of Representatives
D)The Chamber of Lords
E)The House of Representatives

Question 44

The due process clause appears in both the Fifth Amendment and the Fourteenth Amendment to the Constitution.

Question 45

Representation in the lower House of Representatives is proportionate to a state's _____.

A)per capita income
B)export levels
C)rate of industrial growth
D)population
E)literacy rate

Question 46

With reference to the bicameral legislature in the United States,the _____ is a smaller body with one hundred members two from each state and with less frequent elections.

A)House of Lords
B)Commons
C)Senate
D)Upper House
E)Lower House

Question 47

Which of the following places is considered the right place to deal with contemporary political issues?

A)The Federal level
B)The state level
C)U.S.Constitution
D)Bill of Rights
E)5^th Amendment

Question 48

Article I of the Constitution establishes the legislative branch through an)_____.

A)unicameral legislature
B)multicameral legislature
C)bicameral legislature
D)tricameral legislature
E)tetracameral legislature

Question 49

The Equal Protection Clause is implicated anytime a law limits the liberty of some people but not others.

Question 50

Which of the following terms relates to the president's total and complete control over the branch of government that is established by Article II of the Constitution?

A)Extraordinary rendition
B)Federalism
C)Habeas corpus
D)Waterboarding principle
E)Unitary executive theory

Question 51

The lower House of Representatives has _____ members.

A)178
B)435
C)246
D)105
E)412

Question 52

With reference to the bicameral legislature in the United States,the _____ retains the exclusive right to originate bills raising revenue taxation .

A)House of Lords
B)House of Commons
C)Senate
D)Chamber of Lords
E)House of Representatives

Question 53

With reference to the bicameral legislature in the United States,the _____ maintains the exclusive right to provide advice and consent to the president.

A)House of Lords
B)Commons
C)Senate
D)Second Chamber
E)Lower House

Question 54

During the time of the Revolutionary War against Great Britain,the states were governed by the _____.

A)Articles of Incorporation
B)Annapolis Convention
C)Articles of Association
D)Bill of Rights
E)Articles of Confederation

Question 55

According to the doctrine of state secrets,_____.

A)a citizen has the right to seek release from unlawful detention by petitioning a neutral judge
B)certain sensitive information on national security cannot be disclosed in court
C)the House of Representatives has the right to formally accuse an elected official of misconduct
D)federal law can trump,and render unenforceable,conflicting state laws
E)the president can control the entire executive branch,totally and completely

Question 56

Which of the following terms best describes formally accusing an elected official of misconduct?

A)Waterboarding
B)Impeachment
C)Habeas corpus
D)Extraordinary rendition
E)Preemption

Question 57

Courts use the Miller test to determine if a speech can be categorized as symbolic speech.

Question 58

Which of the following best describes extraordinary rendition?

A)The division and sharing of power between state and federal governments
B)The capture and transfer of suspected criminals from one country to another for interrogation
C)The right to seek release from unlawful detention by petitioning a neutral judge
D)The doctrine that certain information on national security is so sensitive that it cannot be disclosed in court
E)The theory in constitutional law that the president controls the entire executive branch,totally and completely

Question 59

Camps in which Japanese Americans were held during World War II were known as POW campus.

Question 60

Historically,there has never been a case in which the U.S.government held that discrimination on the basis of race was permissible.

Question 61

Which of the following acts prohibits discrimination against U.S.citizens on the basis of race,color,national origin,and sex?

A)The Regulatory Flexibility Act
B)The Civil Rights Act
C)The Amnesty Act
D)The Residence Act
E)The Comprehensive Anti-Apartheid Act

Question 62

A man can choose to follow any religion that he personally likes and believes in.Which of the following sections of the Amendments ensures the right to do this?

A)Free Exercise Clause
B)Establishment Clause
C)Doctrine of incorporation
D)Dormant commerce clause
E)Doctrine of prior restraint

Question 63

After which event did the Bush administration argue for strong unitary executive power?

A) Implementation of the FISA in 1978
B) September 11,2001
C) The conviction of twenty-three Americans in Italy in 2009
D)The Gulf War
E)The capture and death of Osama Bin Laden

Question 64

Which aspect of the presidential claims of power that has continued in the Obama administration has come under increased scrutiny?

A)The power to execute U.S.citizens using weaponized drones
B)The unwillingness to continue extraordinary rendition
C)The procedure that expects trial for U.S.citizens even when they are not on the U.S.soil
D)The end to capture and interrogation of suspected terrorists in secret prisons
E)The refusal to adopt waterboarding as one of the techniques of interrogation

Question 65

Which of the following statements is true regarding powers granted to the Congress and states by the Constitution?

A)The Congress has fiscal responsibility over the U.S.air force.
B)The state government has near exclusive jurisdiction in operating airports and licensing airlines.
C)States have the authority to regulate foreign commerce independently.
D)The Congress has the power to establish post offices.
E)In areas such as family or property law,the Congress has exclusive jurisdiction.

Question 66

Which of the following permits states to regulate broadly in order to protect and promote the public order,health,safety,morals,and general welfare?

A)Waterboarding
B)Extraordinary rendition
C)Spending power
D)Police power
E)Tax power

Question 67

The _____ restricts the states' abilities to regulate commerce,rather than the federal government's.

A)dormant commerce clause
B)Free Exercise Clause
C)Equal Protection Clause
D)unitary executive clause
E)Commerce Clause

Question 68

Which of the following terms refers to a constitutional test created by the Supreme Court to determine a law's validity?

A)Police power
B)Undue burden
C)Preemption
D)Dormant commerce clause
E)Extraordinary rendition

Question 69

After the Great Depression,in response to unprecedented economic distress,President Roosevelt sought to redefine the very nature of the employer/employee relationship.The laws initially ran into stiff opposition at the Supreme Court because:

A)the financial payoffs would not be worth the change.
B)these laws,if passed,would have negatively affected the trade between the United States and the other countries.
C)these laws were based on a more formalistic reading of Article I,Section 8.
D)the employers opposed these changes.
E)the justices at the time saw the employer/employee relationship as one governed by freedom of contract.

Question 70

Congress has the power to "pay the debts and provide for the common defense and general welfare." This is known as _____.

A)the dormant commerce clause
B)service power
C)police power
D)the unitary executive clause
E)spending power

Question 71

Federalism refers to:

A)the division and sharing of power between the central and state governments.
B)the capture and transfer of suspected criminals from one country to another for interrogation.
C)the right to seek release from unlawful detention by petitioning a neutral judge.
D)the doctrine that certain information on national security is too sensitive to be disclosed in court.
E)the theory in constitutional law that the president controls the entire executive branch.

Question 72

The Fourteenth Amendment to the Constitution:

A)protects the rights that are not specifically enumerated in the Constitution.
B)prohibits the government from restricting the free exercise of religion.
C)prevents the government from establishing a religion.
D)prohibits "cruel and unusual" punishment.
E)prevents any state from depriving citizens of their rights without "due process of law."

Question 73

With reference to the Constitution,the doctrine of incorporation:

A)prohibits the government from preventing the free exercise of religion.
B)requires states to provide the equal protection of laws to persons within their jurisdiction.
C)extends limitations on government behavior in the Bill of Rights to apply to the states as well.
D)prohibits government from establishing a religion.
E)prohibits "cruel and unusual" punishment.

Question 74

Some states permit the sale of alcohol on Sundays,while others prohibit it.Some states permit casino gambling,while others do not.A few states permit same-sex marriage,while many do not.These are examples of:

A)preemption.
B)extraordinary rendition.
C)spending power.
D)police power.
E)tax power.

Question 75

The Eighth Amendment to the Constitution:

A)protects the rights not specifically enumerated in the Constitution.
B)grants the accused the right to a speedy and public trial.
C)provides protection to U.S.citizens from unreasonable search and seizure.
D)prohibits "cruel and unusual" punishment.
E)prevents any state from depriving citizens of their rights without "due process of law."

Question 76

Which of the following terms describes the process and procedure to become a citizen?

A)Waterboarding
B)Naturalization
C)Habeas corpus
D)Extraordinary rendition
E)Preemption

Question 77

Which of the following terms best describes the doctrine that permits federal law to trump,and render unenforceable,conflicting state laws?

A)Unitary executive theory
B)Waterboarding
C)Preemption
D)Habeas corpus
E)Naturalization

Question 78

Which of the following types of speech is generally recognized by courts as speech most deserving of protection?

A)Confrontation speech
B)Commercial speech
C)Obscene speech
D)Symbolic speech
E)Political speech

Question 79

Which of the following best describes the term habeas corpus?

A)The division and sharing of power between state and federal governments
B)The capture and transfer of suspected criminals from one country to another for interrogation
C)The right to seek release from unlawful detention by petitioning a neutral judge
D)The doctrine that certain information on national security is so sensitive that it cannot be disclosed in court
E)A theory in constitutional law that the president controls the entire executive branch,totally and completely

Question 80

The Establishment Clause:

A)prohibits the government from preventing the free exercise of any religion.
B)requires states to provide equal protection of laws to persons within their jurisdiction.
C)requires the federal government to establish a standard in police power among different states.
D)prohibits the government from establishing a religion.
E)prohibits establishing cruel punishment as a norm.