Deck 5: Constitutional Principles

Question 1

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

Answer 1

False

Question 2

The privileges and immunities clause prohibits states from discriminating against citizens of other states when those nonresidents engage in ordinary and essential activities.

Answer 2

True

Question 3

If a law prevents individuals from exercising a fundamental right,or if the law's classification scheme involves suspect classifications,such as race,national origin or citizenship,the action will be subject to the rational-basis test.

Answer 3

False

Question 4

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

Question 5

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

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

Question 6

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

Question 7

The Third Amendment protects citizens from unreasonable search and seizure.

Question 8

Corporations are not protected by the First Amendment.

Question 9

Which amendment states that the powers that the Constitution does not give to the federal government are reserved for the states?

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

Question 10

Some other countries' constitutions provides rights that American citizens do not have.

Question 11

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

Question 12

Not all corporate speech is political speech.

Question 13

Which of the following are the three independent branches of the federal government?

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

Question 14

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

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

Question 15

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 16

The right to privacy is not expressly provided in the Constitution.

Question 17

Congress can enact laws,but the president can then veto any law that Congress passes.

Question 18

Federal administrative agencies can pass rules,which are included as federal law.

Question 19

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

Question 20

The Bill of Rights includes amendments Twelve through Fourteen.

Question 21

Is Sven's statement about linking funds with social welfare objectives correct?

A)Sven 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.
B)Sven 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)Sven is correct.
D)Sven is incorrect.
E)Sven 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.

Question 22

The Bill of Rights comprises the first ________ amendments to the U.S.Constitution.

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

Question 23

Cruel and unusual punishment is prohibited under the ________ Amendment.

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

Question 24

Religious freedom is protected by which amendment?

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

Question 25

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

A)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.
B)Speech by private citizens involving advertising that is regulated by state government.
C)Speech that occurs when corporations support political candidates.
D)Speech by any citizen in connection with an election campaign.
E)Speech by elected officials regarding other elected officials.

Question 26

In United States v.Lopez,the U.S.Supreme Court addressed the constitutionality of the Gun-Free School Zone Act.What did the Court rule?

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

Question 27

In Family Winemakers of California v.Jenkins,winemakers from California challenged a Massachusetts law that distinguished between how large and small winemakers could distribute their wines in Massachusetts.What was the result of this case?

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

Question 28

Under the authority of the commerce clause,Congress can pass laws as long as what criteria are met?

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

Question 29

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

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

Question 30

[Animal Care] Kimora,a licensed veterinarian,was recently elected to the U.S.Senate.Kimora is very concerned about the lack of care for homeless cats and dogs.She proposes legislation whereby citizens of all states are to be taxed sufficiently to provide for no-kill animal shelters,and that citizens in states with higher than average incomes are to be taxed at a higher rate than citizens of other states.She also proposes that federal funds for state highways be denied to any state that fails to provide assistance to low-income citizens in covering pet vaccinations.José,another new senator,tells Kimora 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.Sven,another senator,tells Kimora that Congress has no authority to link highway funds or any other funds with social welfare objectives.Devonne,a clerk in the Senate,tells Kimora that Congress is absolutely prohibited from taxing residents of one state at a higher rate than citizens of another state.
In saying that Congress lacks the authority to tax states,is José correct?

A)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.
B)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.
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.The U.S.Constitution contains no such reservation.

Question 31

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

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

Question 32

Which part of the Constitution states that it,as well as the laws and treaties of the United States,constitute the supreme law of the land?

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

Question 33

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 commerce clause
C)The privileges and immunities clause
D)The Bill of Rights clause
E)The contract clause

Question 34

[Junk Food] Denise McCrae is a school-board member in Mariposa County.Appalled by 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 600 feet of any school or daycare center.A political science teacher questions 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.
Which of the following is the best definition of the term "police power"?

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

Question 35

The ________ Amendment extends most of the provisions in the Bill of Rights to the states.

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

Question 36

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

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

Question 37

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

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

Question 38

Is Devonne's statement about taxing residents of different states correct?

A)Devonne is incorrect.The U.S.Congress has complete discretion on taxation.
B)Devonne 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)Devonne is correct.
D)Devonne 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)Devonne 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.

Question 39

States are prohibited from discriminating against citizens of other states when those nonresidents engage in ordinary and essential activities,such as seeking employment,because of ________.

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

Question 40

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

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

Question 41

What does protection against "double jeopardy" mean?

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

Question 42

Which amendment protects against double jeopardy?

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

Question 43

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

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

Question 44

Citizens are protected from unreasonable searches and seizures under which amendment?

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

Question 45

What does the establishment clause of the First Amendment provide?

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

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)The prohibition against taking
B)The prohibition against pervasive regulation
C)Substantive due process
D)Procedural due process
E)Independent due process

Question 47

Which of the following is true regarding privacy rights?

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

Question 48

Was the officer correct in telling Sam he had no right to remain silent?

A)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.
B)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.
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 incorrect,and Sam had the right to remain silent based on his constitutional protection against self-incrimination.
E)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.

Question 49

The Fifth Amendment's protection against self-incrimination encompasses which of the following?

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

Question 50

Under what circumstances could government agents engage in a search without a search warrant?

A)Outside of normal working hours for a judge.
B)When they can show that they have heightened probable cause.
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 law enforcement officials believe it is likely that the items sought will be removed before they can obtain a warrant.

Question 51

When can government agents obtain a search warrant?

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

Question 52

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)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.
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)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.
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 53

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

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

Question 54

[Thermal Imaging] Sam was illegally growing marijuana in his home using heat lamps.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,and determined that given the amount of emissions coming from Sam's house,he must be engaged in criminal marijuana cultivation.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 stay 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.
Did the police act within their rights by using the thermal imager?

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

Question 55

Sam had a right to a hearing because of which of the following?

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

Question 56

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 procedural
D)Independent,full faith,and substantive
E)Procedural and substantive

Question 57

What does the Fifth Amendment's takings clause reference?

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

Question 58

Per the text,what is the United Nations' position on hate speech?

A)The United Nations' declaration states that speech is only recognized as "hate speech" if it is racially based.
B)The United Nations' declaration protects hate speech to the same degree as courts in the U.S.discussed in the text.
C)The United Nations' declaration states that hate speech is not a protected form of expression.
D)The United Nations' declaration states that speech is only recognized as "hate speech" if it is gender-based.
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 59

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

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

Question 60

What is the term for a court order that authorizes law enforcement agents to search for or seize items specifically described in the order?

A)Search warrant
B)Subpoena warrant
C)Search authorization form
D)Review authorization
E)Seek warrant

Question 61

What was the result at the federal appellate court level in Trunk v.City of 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 although it was erected by public authorities,it had historical significance independent of its governmental ties.
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 did promote a particular religion,that religion was practiced by large numbers of the surrounding citizens.
E)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.

Question 62

Many of the amendments to the Constitution apply not only to persons but also to corporations because ________.

A)corporations are treated,in most cases,as "artificial persons".
B)Congress intended laws to apply to corporations.
C)of the equal protection clause.
D)the "penumbra" of rights created by the Ninth,First,Third,Fourth and Fifth Amendments.
E)the Bill of Rights expressly provides these rights.

Question 63

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

A)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 its power in regard to partnership between state and federal government.
B)The Court upheld the statute.
C)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.
D)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.
E)The Court struck the statute on the basis that it violated the Commerce Clause under the U.S.Constitution.

Question 64

Under which of the following circumstances would the government's search be considered "unreasonable" under the Fourth Amendment?

A)Searching digital information on a cell phone with a warrant.
B)Using a drug sniffing dog during a routine traffic stop with a warrant.
C)Bringing a drug sniffing dog onto someone's front porch without a warrant.
D)Bringing a drug sniffing dog into someone's private home with a warrant.
E)Using a drug sniffing dog during a routine traffic stop without a warrant.

Question 65

Which of the following is recognized by the Chinese constitution or laws?

A)Natural rights.
B)Freedom of assembly.
C)Human rights.
D)Freedom of speech.
E)Citizens' rights.

Question 66

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

A)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.
B)A state cannot collect sales tax from merchants unless sales to the state's citizens amount to more than 1 million in the aggregate.
C)A state can collect sales tax from a merchant only if the merchant has a store or distribution center in the state.
D)Individual states may without restriction collect sales tax from merchants on items purchased through the Internet by in-state residents.
E)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.

Question 67

Celine and Monroe were married in California,but divorced ten years later in New York.Celine moved to Hawaii.Must Hawaii recognize her divorce decree?

A)No,because of the equal protection clause.
B)Yes,because of the Ninth Amendment.
C)No,because each state has the right to promulgate its own laws.
D)No,because the commerce clause restricts the power of state government.
E)Yes,because of the full faith and credit clause.

Question 68

[Lizard Ban] The Federal Aviation Administration has banned the presence of giant lizards on airplanes.Corina has a business training lizards for use in television and movies.Her star lizard,a massive iguana named Izzy,likes to have her own seat on the airplane.In order to promote her business,Corina has asked her home state of Montana to pass a law permitting giant lizards on airplanes.
Would a Montana state law permitting giant lizards on airplanes be constitutional?

A)No,because it would be an unreasonable "seizure" under the Fourth Amendment.
B)No,because of the supremacy clause.
C)Yes,because otherwise it would substantially interfere with business and the commerce clause protects travel between states.
D)Yes,because of the equal protection clause.
E)Yes,but only if there was a rational basis for the law.

Question 69

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

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

Question 70

Under what circumstances may Montana regulate the same subject matter as the federal government?

A)When a person's compliance with Montana state regulation would not cause him or her to be in violation of a federal regulation.
B)Never.A state cannot regulate the same subject matter as the federal government.
C)Only if the Montana law serves a compelling government interest.
D)Only if there is no federal law regarding the subject matter in the Montana state law.
E)Only when federal law expressly provides Montana with permission.

Question 71

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

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

Question 72

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

A)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.
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 taxing clause and also 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 commerce clause.
D)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.
E)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.

Question 73

Before his termination,Leaf tells Milo that he is drafting a California law that would provide funding to his church because the church serves to protect trees and the environment in general.Milo tells Leaf that such a law would violate the establishment clause of the U.S.Constitution.Under what circumstances would a state law be permissible under the establishment clause?

A)If it has a secular purpose.
B)If the government can prove either 1)it has a secular legal purpose,2)has a primary effect of neither advancing nor inhibiting religion,or 3)does not foster an excessive government entanglement with religion.
C)If it has a secular legal purpose,has a primary effect of neither advancing nor inhibiting religion,and does not foster an excessive government entanglement with religion.
D)If the government can prove it does not foster an excessive government entanglement with religion.
E)If it has a secular purpose and does not foster an excessive government entanglement with religion.

Question 74

[Leaf] Leaf,an employee of the California Department of Forestry,insisted on signing inter-office memoranda with his name and the initials "FOJT",as abbreviation for his church "Followers of Jesus' Trees".Leaf's supervisor,Milo,told Leaf there was a rule prohibiting displays of religion at work and insisted that Leaf cease placing the initials of his church on government paperwork.When Leaf refused to follow the work rule,he was terminated.
Leaf wants to file a lawsuit against the Department challenging his termination.What would a court most likely rule?

A)For Leaf,because the work rule violated his free exercise of religion.
B)For the Department because the work rule did not substantially burden Leaf.
C)For the Department because it did not violate the First Amendment.
D)For the Department because it was only a work rule,and not a law.
E)For Leaf,because the work rule violated the establishment clause.

Question 75

According to our system of checks and balances,what can the other branches of government do if the President vetoes a bill that Congress believes is necessary to protect the welfare of the people?

A)The Senate can overturn the veto with a two-thirds vote.
B)The Supreme Court can declare the bill unconstitutional.
C)The Senate can overturn the veto with a three-fifths vote.
D)The Supreme Court can overturn the veto.
E)Congress can overturn the veto with a two-thirds vote.

Question 76

Corina believes the lizard ban by the Federal Aviation Administration FAA)is not a law because it is an administrative agency rule.Is she correct?

A)Yes,because the FAA is only an administrative agency.
B)Yes,because the FAA rules do not have the same status as laws.
C)No,because of the supremacy clause.
D)No,because federal laws include rules passed by federal administrative agencies.
E)Yes,because there are no checks and balances on federal administrative agencies.

Question 77

If a state passed a law prohibiting the use of contraceptives,would a court likely find this law to be unconstitutional?

A)Yes,because it is an unreasonable seizure of property.
B)Yes,because it violates individuals' right to privacy.
C)No,as long as the law treats citizens from other states the same as citizens in that state.
D)Yes,unless the law can pass the rational-basis test.
E)No,as long as the law does not discriminate against women.

Question 78

Which of the following is an example of the system of checks and balances?

A)The President refuses to approve Congress' appointment of a federal judge.
B)Congress passes an amendment to overrule judicial rulings.
C)Congress declares a law unconstitutional.
D)The Supreme Court refuses to approve the president's appointment of a Cabinet member.
E)Congress can appoint a federal judge.

Question 79

What was the Supreme Court ruling in Christy Brzonkala v.Antonio J.Morrison et.al. ,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 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.
E)That because violent crime was involved,Congress had authority under the Commerce Clause to pass the section at issue.

Question 80

After his termination,Leaf returned to his office to pack his belongings.He uploaded a message on the Department's website,which stated that Milo was a thief and has stolen thousands of dollars from the State of California.Milo,who had not stolen money from the State,later sued Leaf for defamation.How would a court likely rule?

A)For Leaf because he has an absolute right to free speech under the First Amendment.
B)For Milo,but only if Leaf also used fighting words.
C)For Leaf because the rational-basis test applies.
D)For Leaf because he did not use any lewd,profane,or obscene words.
E)For Milo because the First Amendment does not protect defamatory speech.