Chapter 5

Front 1

By creating three independent and equal branches of the federal government, the U. S. Constitution prevented the federal government's power from being concentrated in one person or group. True or false?

Back 1

True

Front 2

The framers of our constitution, a true cross section of the population at that time, created the constitution by amend in the articles of confederation, which had been the governing document of the colonists. True or false

Back 2

False

Front 3

The fifth amendment to the constitution provides robert, an employee of mattax paper company, due process protection from being fired without a hearing buy a neutral fact finder. True or false?

Back 3

False

Front 4

Hall was arrested for burning the United States flag in a protest of governmental policy. His action is protected under the First Amendment's guarantee of free speech because the flag burning is considered symbolic speech. true or false?

Back 4

True

Front 5

The power to create laws regulating international commerce is given jointly to Congress and the states under the US Constitution. true or false

Back 5

False

Front 6

The "taking is clause" prevents the government from taking private property for any reason. True or false?

Back 6

False

Front 7

GadBerry lives in a "common interest development" (CID) and has parked his new pickup truck in his driveway. The Neighborhood Association informs him that, according to their regulations, he may not have a truck in the sight of passers by. The association has made an unconstitutional restriction on the property rights of residence of the CID. true or false

Back 7

False

Front 8

Obscene speech is protected by the First Amendment. True or false

Back 8

False

Front 9

The Pines, a small hotel in central Georgia, may be subject to federal regulation even though it only has occasional guests from other states. True or false ?

Back 9

True

Front 10

The First Amendment to the US Constitution explicitly protects citizens from abridgment of the right of free speech by any level of government. true or false

Back 10

False

Front 11

Misleading commercial speech may be outlawed altogether without violating the Constitution. True or false?

Back 11

True

Front 12

Professor Jones accuses Rachel, a senior at a large State University, of cheating on an exam. The professor claims that Rachel must prove to him that she did not cheat. If she fails to convince him, she will be expelled from college. Rachel is being denied her due process rights. True or false?

Back 12

True

Front 13

Congress passed the Federal OSHA establishing job safety standards. Illinois past its own statute, which had slightly more lenient standards. Illinois workers are only held to the state standards unless they are involved in interstate commerce. true or false?

Back 13

False

Front 14

Judicial review is the power of the federal courts to declare a statute or governmental action void. true or false ?

Back 14

True

Front 15

A governmental classification based on gender would be subject to strict scrutiny. true or false?

Back 15

False

Front 16

If there is a conflict between a state and federal law, the federal law will prevail because of the: A. Federalism doctrine. B. Supremacy clause. C. Paramount doctrine. d. Interstate commerce clause.

Back 16

B. Supermacy clause

Front 17

The primary source of federal power to regulate business is the: A. Supremacy clause. B. Commerce clause. C. Contract clause. D. Privilege and Immunities Clause.

Back 17

B. Commerce Clause

Front 18

The 14th amendment equal protection clause strict scrutiny test will be used when the legislation: A. Differentiates on the basis of economic status. B. Differentiates on the basis of gender. C. Differentiates on the basis of race. D. All of the above.

Back 18

C. Differentiates on the basis of race

Front 19

The Bill of Rights refers to: A. The Inalienable rights found at the beginning of the constitution. B. Only the first 10 amendments to the constitution. C. A specific listing of individual rights found in the original text of the constitution. D. A grouping of individual rights set forth by the united states supreme court shortly after the constitution was ratified by the states

Back 19

B. Only the first 10 amendments to the constitution.

Front 20

The United States v. Lopez K demonstrates which of the following? A. There are no limitations on the federal government's power pursuant to the interstate commerce clause. be. The extensive power of the states to regulate interstate commerce. C. Limitations on federal power. D. gun ownership cannot be regulated.

Back 20

C. limitations on federal power

Front 21

Nevada passed a law banning all commercial billboards along state highways to improve the appearance of the environment. If this law were to be challenged, which of the following would a court examine to determine if the law is constitutional? A. It would have to be established that the law furthers an interest of the state of Nevada to create a more aesthetically pleasing environment. B. It would have to be shown that the law directly and materially advances the state's goal of a more aesthetically pleasing environment. C. It would have to be shown that the law reaches no further than necessary to promote the state goals. D. All of the above.

Back 21

D. All of the above.

Front 22

The state's power to enact laws that affect interstate commerce is severely restricted. This concept is called: A. Federalism. B. The undue burden concept. C. Constitutional hierarchy. D. The dormant aspect of the commerce clause.

Back 22

D. The dormant aspect of the commerce cause.

Front 23

West Virginia passed a statute regulating working conditions in its mines. If the statute is challenged in court on substantive due process grounds: A. It would be presumed invalid and would be struck down since it involves a fundamental right to work. B. It would be presumed invalid but would be struck down only if it is not necessary to achieve a compelling government interest. C. It would be presumed valid since it regulates economic or social conditions. D. It carries no presumptions, but must be evaluated based on the procedures involved.

Back 23

C. It would be presumed valid since it regulates economic or social conditions.

Front 24

When Congress passed a criminal statute called the "Gun-free School Zone Act," the Supreme Court ruled that: A. The law was valid as a proper exercise of power to regulate interstate commerce. B. The law was void for vagueness; thus, it was not valid. C. The law was not valid since Congress exceeded its power under the commerce clause. D. Although the law was not a proper exercise of power to regulate interstate commerce, Congress had the power to create such legislation on other grounds. Therefore, the statute was valid.

Back 24

C. The law was not valid since Congress exceeded its power under the commerce clause.

Front 25

Thompson raised 80 acres of corn, most of which he used to feed his own cattle. He locally sold what he did not use. Based on the Supreme Court's ruling in Wickard V. Filburn: A. Congress has no authority over Thompson's activity based on the negative aspect of the Commerce Clause. B. Congress may regulate Thompson's farming activity because it has a substantial economic effect on interstate commerce. C. Only Thompson's local government can regulate his farming activity. D. Only Thompson's state and local governments can regulate his farming activity.

Back 25

B. Congress may regulate Thompson's farming activity because it has a substantial economic effect on interstate commerce.

Front 26

The doctrine of preemption is based on the Constitution's: A. Commerce Clause. B. Due Process Clause. C. Equal Protection Clause. D. Supremacy Clause.

Back 26

D. Supremacy Clause.

Front 27

Ikerd was entering the United States from a trip abroad when the Customs Service confiscated some goods she had purchased and brought back with her. The determination of whether the government is attempting to take property and what type of hearing the Customs Service must offer Ikerd, is an analysis of: A. Substantive due process. B. Procedural due process. C. The Takings Clause. D. Eminent Domain.

Back 27

B. Procedural Due Process.

Front 28

The idea that courts should not be heavily involved in lawmaking, but rather should only rule in cases where the Constitutionality is clear is known as: A. Judicial review. B. Judicial activism. C. Judicial reform. D. Judicial restraint.

Back 28

D. Judicial restraint.

Front 29

If Oregon passed a statute that prohibited liquor stores from engaging in any kind of advertising, that statute would be: A. Valid as an exercise of police power. B. Valid, as alcohol is illegal for minors. C. Invalid as a violation of the Commerce Clause. D. Invalid as an unreasonable restriction of free speech.

Back 29

D. Invalid as an unreasonable restriction of free speech.

Front 30

Small town, located in a border state, seemed to favor Caucasians over Latinos in their hiring practices. The courts will review the practice using: A. Minimal scrutiny. B. Intermediate scrutiny. C. Strict scrutiny. D. Supremacy Clause scrutiny.

Back 30

C. Strict scrutiny.

Front 31

Which of the following is a fundamental right, subject to scrutiny? A. Traveling freely within the United States. B. Driving a car, no matter what your past record is. C. Freedom to speak out anywhere, about any subject. D. Running any business you desire.

Back 31

A. Traveling freely within the United States.

Front 32

Judicial review can best be described as the power of federal courts to: A. Review state court decisions. B. Review state executive action. C. Review state and federal legislative and executive action. D. None of the above.

Back 32

C. Review state and federal legislative and executive action.

Front 33

The issue of the constitutional protections afforded flag burning was addressed in: A. Texas v. Johnson. B. United States v. Lopez. C. Marburg v. Madison. D. Palmore v. Sidoti.

Back 33

A. Texas v. Johnson.

Front 34

The "dormant" aspect of the Commerce clause: A. Is also known as the "negative" aspect. B. Means that there are many unused powers still available to the government to regulate trade between the states. C. Guarantees that Congress has the power to regulate trade with foreign countries that have not yet developed trade practices with the Unites States. D. Guarantees that the states have the power, even if unused, to impose regulations affecting interstate commerce.

Back 34

A. Is also known as the "negative" aspect.

Front 35

Which of the following limitations does not apply to the government in civil proceedings to take a person's liberty or property? A. Procedural Due Process. B. The Takings Clause. C. Substantive Due Process. D. The Equal Protection Clause.

Back 35

D. The Equal Protection Clause.

Front 36

The Supreme Court's approach during the period from the 1950's through the 1970's in deciding cases of constitutional grounds is described as: A. Judicial restraint. B. Judicial activism. C. Judicial review. D. The dormant aspect of its judicial power.

Back 36

B. Judicial activism.

Front 37

Generally, constitutional protections do not apply to: A. Acts of the federal government. B. Acts of state government. C. Acts of administrative agencies. D. Acts of privately owned businesses.

Back 37

D. Acts of privately owned businesses.

Front 38

Lori and her friends burn an American flag as an act of political protest. Lori is arrested for violating a state law that prohibits flag burning. The supreme court has ruled that laws making it illegal to burn an American flag: A. Are void because they deny a person due process rights. B. Are void because a state court has no power to prosecute a person for burning the federal flag. C. Are void because they violate a person's right to freedom of speech. D. Are valid.

Back 38

C. Are void because they violate a person's right to freedom of speech.

Front 39

A woman wishes to attend an all-male, publicly supported college. She claims the college is violating the Equal Protection Clause of the Constitution. What level of scrutiny will the court use when deciding this case? A. Minimal scrutiny. B. Intermediate scrutiny. C. Strict scrutiny. D. Compelling interest scrutiny.

Back 39

B. Intermediate scrutiny.

Front 40

Adam moved into an apartment complex. The rules of the complex prohibit unmarried men and women from living together in the same apartment. When Adam's friend Diane, moved into the apartment he was served with eviction papers. Adam claims the apartment complex is violating his constitutional rights since it allows married couples to live together. Is Adam right? A. Yes. His equal protection rights have been violated. B. No. His fundamental right of cohabitation has not been violated. C. Yes. He and Diane are being treated differently than married couples. D. No. Constitutional protections do not extend to privately owned apartment complexes.

Back 40

D. No. Constitutional protections do not extend to privately owned apartment complexes.