Deck 4: The Constitution As the Foundation of the Legal Environment

Question 1

Federal law will bar state action only when there is a federal law regulating the particular subject.

Answer 1

False

Question 2

The United States utilizes a tripartite division of government.

Answer 2

True

Question 3

When we speak of government regulation of business we ordinarily mean state government regulation, not federal government intervention.

Answer 3

False

Question 4

For the past century, the United States Supreme Court has generally followed the "living document" view in interpreting the Constitution.

Question 5

"Preemption" means that the federal regulatory scheme is controlling.

Question 6

A constitution is the written document that establishes the structure of the government and its relationship to the people.

Question 7

The greatest change to the Constitution has been made by the United States Supreme Court through interpretation.

Question 8

The power of the states to adopt laws to protect the general welfare of the people is called police power.

Question 9

One of the characteristics of the "living" Constitution is limited government.

Question 10

The living Constitution has as a characteristic a strong president.

Question 11

Many changes have been made to the Constitution by the constitutional method of amending.

Question 12

The Constitution may be amended, but it always has been interpreted in the same way.

Question 13

Some of the powers delegated to the national government still may be exercised by the states.

Question 14

Ex post facto laws can be adopted by either states or the national government.

Question 15

The powers given by the states to the federal government are described as delegated powers.

Question 16

When there is a direct conflict between a federal and a state law, federal law prevails under the supremacy clause.

Question 17

Under the "bedrock view," the purpose of a constitution is to state certain fundamental principles for all time.

Question 18

The Constitution took certain powers away from the national government and gave them to the state governments.

Question 19

Changes to the Constitution have been brought about by interpretation, amendment, and practice.

Question 20

In a federal system, a central government is given power to act nationally, while states administer to local concerns.

Question 21

Pursuant to the commerce clause, the United States Supreme Court has the power "to regulate commerce with foreign nations, and among the several states, and with the Indian tribes."

Question 22

The due process clause limits both governmental and private action.

Question 23

The U.S. Constitution has been amended:

A)only expressly.
B)only by interpretation.
C)only by practice.
D)by all of the ways listed above.

Question 24

The legislative branch of government has the function of:

A)making laws.
B)executing the laws.
C)interpreting the laws.
D)none of the above.

Question 25

The U.S. Constitution:

A)is unwritten.
B)was brought over from England in its entirety.
C)is a written document that specifies the structures and powers of the federal government.
D)prohibits the states from having their own constitutions.

Question 26

Federal law __________ conflicting state regulation when a federal law regulates that particular subject.

A)coincides with
B)is subordinate to
C)parallels
D)preempts

Question 27

The Constitution prohibits state governments from denying any person the equal protection of the law.

Question 28

The states may coin money as long as it is backed by gold.

Question 29

Because the power to regulate interstate commerce has been interpreted broadly, Congress has great power to adopt regulatory laws affecting the economy.

Question 30

The purpose of the first ten amendments to the Constitution was to enlarge the power of the federal government.

Question 31

The U.S. Constitution is a document that:

A)is clear in allocating the rights and responsibilities of people and our government.
B)can be interpreted only according to the bedrock principles of 1776.
C)can be interpreted only in accordance with current values.
D)must be interpreted to accommodate both stability and flexibility.

Question 32

The Constitution prohibits discrimination based on reasonable classification.

Question 33

All current rights against governmental intrusion are expressly stated in the Constitution.

Question 34

The Fifth and Fourteenth Amendments prohibit the national and state governments from depriving any person of property without due process of law.

Question 35

Judges of the United States Supreme Court:

A)are appointed by the president, with the approval of the Senate.
B)are appointed by the Senate, with the approval of the president.
C)cannot be impeached.
D)are elected by the public.

Question 36

A system in which a central government is given power to administer to national concerns and individual states administer to local concerns is called:

A)bicameral.
B)constitutional.
C)federal.
D)tripartite.

Question 37

A law to declare war:

A)can be enacted by both state and federal governments.
B)can be enacted only by the U.S.government.
C)can be enacted only by state governments.
D)is prohibited by the U.S.Constitution.

Question 38

The power to tax income:

A)is possessed only by the federal government.
B)is possessed only by state governments.
C)may be exercised concurrently by both state and federal governments.
D)is controlled exactly like the power to wage war.

Question 39

Federal supremacy refers to:

A)the power of the President.
B)the power of the Supreme Court to make decisions.
C)the power of the federal government to legislate in certain areas.
D)all of the above.

Question 40

Administrative agencies are, in effect, a fourth branch of the government.

Question 41

The concept of equal protection of the law:

A)applies to both state and federal governments.
B)prohibits any classification whatsoever.
C)applies only to conduct by private parties.
D)does not permit reasonable classifications.

Question 42

The commerce clause of the Constitution:

A)prohibits the U.S.government from engaging in interstate commerce.
B)prohibits the U.S.government from regulating interstate commerce.
C)has been expanded by Supreme Court interpretations to give the U.S.government the power to regulate the general welfare of the nation.
D)was declared unconstitutional in 1937.

Question 43

The due process clause:

A)allows the U.S.government to take private property without due process.
B)allows a state to take private property without due process.
C)is, by liberal interpretation, held to be a guarantee of protection from unreasonable legal procedures.
D)does not apply to state governments.

Question 44

Which of the following is not protected under the privileges and immunities clause?

A)right to go to another state and make a contract
B)right to go to another state and vote in local elections
C)right to go to another state and purchase property
D)right to go to another state and open a business

Question 45

When the president negotiates a treaty with a foreign country and submits it to the Senate for approval, the president's action is based on:

A)an express Constitutional amendment.
B)an amendment by judicial interpretation.
C)an amendment by practice.
D)the power of manifest destiny.

Question 46

The head of the Department of Transportation reviewed a film that demonstrated the effectiveness of air bags in automobiles. He then passed a rule that Ford Motor Company must retrofit, without charge to the automobile owner, all of its 1985 models as an experiment on the safety of the air bag. Ford refused to do so. The DOT held a hearing and decided to fine Ford $1 million for violating its regulation. A notification of this decision was mailed to Ford. What constitutional issues does this case raise?

Question 47

Which of the following is not a true statement regarding the commerce clause?

A)If the federal government establishes safety device regulations for interstate carriers, a state cannot require different devices.
B)States may not use their tax power for the purpose of discriminating against interstate commerce.
C)The commerce clause empowers Congress to regulate interstate commerce, but not commerce with foreign nations.
D)A state cannot refuse to allow an interstate waste collector to conduct business within the state on the grounds that the state already has enough waste collectors.

Question 48

The "living" Constitution has which of the following characteristics?

A)strong federal government
B)a strong president
C)diminution of state powers relative to those of the federal government
D)all of the above

Question 49

A school district supplied school bus service for all children 12 years of age or under who lived at least one mile from school. This service was provided for transportation to and from school. Joanna was a 13-year-old student who lived in that school district. Joanna's home was 1.2 miles from school. Her parents brought suit against the school district alleging that Joanna was entitled to school bus service and the failure to provide such service denied her the equal protection of the law. Discuss the probable outcome of the lawsuit.

Question 50

Which of the following is not characteristic of the "living" Constitution?

A)strong government
B)strong President
C)administrative agencies
D)states' powers equal to federal powers

Question 51

Which of the following is true about administrative agencies?

A)Administrative agencies exercise powers guaranteed to them in the U.S.Constitution.
B)Administrative agencies exercise powers allocated to them by the president.
C)Administrative agencies make decisions that are rarely reviewed by the courts.
D)Administrative agencies make decisions that are effectively reviewed by voters.

Question 52

Which of the following powers is not reserved solely to the national government?

A)power to regulate interstate commerce
B)power to tax
C)power to coin money
D)power to borrow money on the credit of the United States

Question 53

California passed a law prohibiting any transporting of nuclear waste in the state unless the company doing so is a resident or is owned by residents of California. What constitutional issues does this law raise?

Question 54

The greatest changes to the written Constitution have been brought about by:

A)departure by treaty.
B)judicial interpretation.
C)the amending process.
D)political party action.

Question 55

The equal protection clause:

A)requires all persons to be treated equally.
B)allows laws that discriminate on the basis of moral standards.
C)requires that a statute be sustained unless it is clearly arbitrary or capricious.
D)allows laws that discriminate on the basis of cultural patterns.