Deck 5: Constitutional Principles

Question 1

Special sessions of Congress can be called by the ________.

A)executive branch
B)legislative branch
C)federal court
D)supreme court

Answer 1

A

Question 2

Which of the following statements is true about the powers of Congress?

A)Congress has unlimited legislative power.
B)Congress mainly possesses executive powers.
C)The primary powers of Congress are listed in Article VI of the Constitution.
D)All acts of Congress not specifically authorized by the Constitution are invalid.

Answer 2

D

Question 3

Which of the following best defines federal preemption?

A)It is a constitutional doctrine that empowers the Congress to regulate commerce with foreign nations, with Indian tribes, and among the states.
B)It is a constitutional doctrine declaring that any federal law or treaty that directly conflicts with a state or local law is void.
C)It is a constitutional doctrine whereby the legislative branch enacts laws, the executive branch sees that the laws are executed, and the judicial branch interprets the laws.
D)It is a constitutional doctrine stating that in an area in which federal regulation is pervasive, state legislation cannot stand.

Answer 3

D

Question 4

________ is a system of government in which power is divided between a central authority and constituent political units.

A)Federalism
B)Communism
C)Despotism
D)Totalitarianism

Question 5

The executive branch ________.

A)appoints federal judges
B)can declare laws passed by Congress as unconstitutional
C)proposes amendments to overrule judicial decisions
D)establishes lower courts

Question 6

The Supremacy Clause is the basis for the doctrine of ________.

A)federal trust
B)federal preemption
C)eclipse
D)dilution

Question 7

The outcome of conflicts between state and federal laws is dictated by the ________.

A)Commerce Clause
B)Confrontation Clause
C)Arbitration Clause
D)Supremacy Clause

Question 8

Which of the following statements is true about separation of powers?

A)It calls for the executive branch to enact legislation and appropriate funds.
B)It charges the judicial branch with ensuring that the laws are faithfully executed.
C)The powers given to each branch operate to keep the other branches from seizing power to dominate the government.
D)The members of a branch owe their tenure in their positions to members of other branches.

Question 9

Which of the following best defines separation of powers?

A)It is a constitutional doctrine that distributes power among the three branches of the government.
B)It is a constitutional doctrine that permits federal laws to stand if they do not conflict with a state law.
C)It is a constitutional doctrine mandating that a federal court in diversity jurisdiction must apply federal law.
D)It is a constitutional doctrine that gives the secretary of defense the power to execute the laws.

Question 10

The ________ can refuse to approve the appointments by the president.

A)judicial branch
B)legislative branch
C)vice-president
D)secretary of state

Question 11

The ________ establishes the number of judges.

A)legislative branch
B)judicial branch
C)president
D)chief justice

Question 12

The Supremacy Clause is found in ________.

A)Article VI of the Constitution
B)Article I of the Constitution
C)the First Amendment to the Constitution
D)the Fifth Amendment to the Constitution

Question 13

The ________ can overrule the president's vetoes.

A)secretary of state
B)secretary of defense
C)legislative branch
D)judicial branch

Question 14

The ________ is commander-in-chief of the armed forces and is also charged with ensuring that the laws are faithfully executed.

A)secretary of state
B)secretary of defense
C)vice-president
D)president

Question 15

Which of the following statements is true of concurrent authority?

A)This situation arises when authority to regulate in an area has been expressly given to the state government by the Constitution.
B)When the state law on a subject matter is more restrictive than the federal laws, the state law is usually valid.
C)A state can regulate in an area even if the regulation conflicts with the federal regulation of the same subject matter.
D)In many areas of environmental regulation, states may impose less stringent pollution-control standards than those imposed by federal law.

Question 16

The three branches of the federal government as established by the U.S. Constitution are the legislative, executive, and ________ branches.

A)judicial
B)presidential
C)secretarial
D)civil

Question 17

________ is a principle declaring that any state or local law that directly conflicts with the federal Constitution, laws, or treaties is void.

A)Federal preemption
B)Federal supremacy
C)Selective incorporation
D)Heckler's veto

Question 18

The primary powers of Congress are listed in ________.

A)Article I of the Constitution
B)Article VII of the Constitution
C)the First Amendment to the Constitution
D)the Fourth Amendment to the Constitution

Question 19

The ________ has the power to impeach and remove the president.

A)cabinet
B)vice-president
C)judicial branch
D)legislative branch

Question 20

The ________ branch is charged with interpreting the laws in the course of applying them to particular disputes.

A)judicial
B)legislative
C)executive
D)autocratic

Question 21

The right of individuals to be secure in their homes is protected by the ________.

A)Sixth Amendment
B)Fifth Amendment
C)Fourth Amendment
D)First Amendment

Question 22

Gary, a film producer, is facing a lawsuit. One of his films portrays a lead character as having questionable moral views. Which of the following amendments protects Gary's right to freedom of speech?

A)the Twelfth Amendment
B)the Ninth Amendment
C)the Fourth Amendment
D)the First Amendment

Question 23

William is a candidate running for the position of mayor. Royyal Blue, a corporation, provides funds to support William. William's rival files a lawsuit claiming that the corporation's spending was leaving no room for the opinion of others. Which of the following statements is true of the scenario?

A)The First Amendment protects Royyal Blue's right to corporate political speech if it can be shown that their business or corporate assets were not materially affected.
B)The Fourth Amendment protects Royyal Blue's right to corporate political speech if it can be shown that their business or corporate assets were not materially affected.
C)Judgment will be against Royyal Blue, since an independent entity cannot contribute toward a candidate's election campaign.
D)Judgment will be against Royyal Blue if they have spent more than a certain percentage of William's total campaign expenses.

Question 24

The right to petition the government for redress of grievances is protected by the ________.

A)Thirteenth Amendment
B)Ninth Amendment
C)Fourth Amendment
D)First Amendment

Question 25

Abridgment of the right to assemble peacefully is prohibited by the ________.

A)First Amendment
B)Fourth Amendment
C)Sixth Amendment
D)Thirteenth Amendment

Question 26

The ________ guarantees freedom of speech and of the press.

A)First Amendment
B)Fourth Amendment
C)Fifth Amendment
D)Eleventh Amendment

Question 27

Which of the following statements is true about the Fourth Amendment?

A)It protects an individual's right to freedom of speech.
B)It protects the right to petition for redress of grievances.
C)It prohibits the use of evidence obtained from an unreasonable search and seizure in a trial.
D)It prohibits the government from aiding the establishment of a religion.

Question 28

The Fifth Amendment ________.

A)guarantees freedom of speech and of the press
B)protects individuals against self-incrimination
C)safeguards the right of individuals to be secure in their homes
D)prohibits the government from aiding the establishment of a religion

Question 29

The police suspect that Jack is growing marijuana in his home. They use a thermal imager to provide the evidence necessary to obtain a warrant. Which of the following amendments renders the evidence invalid?

A)the First Amendment
B)the Fourth Amendment
C)the Sixth Amendment
D)the Ninth Amendment

Question 30

Which of the following is true of police power?

A)It emphasizes maintaining order and is usually found in communities with a declining industrial base.
B)It is typically used only in cases where the law has been violated and in which a suspect must be identified and apprehended.
C)It refers to the residual powers retained by the state to enact legislation to safeguard the health and welfare of its citizenry.
D)It refers to the warning given by police to criminal suspects in custody to preserve the admissibility of their statements in criminal proceedings.

Question 31

The Commerce Clause ________.

A)provides the basis for most of the federal regulation of business
B)provides states the authority to regulate interstate commerce
C)does not regulate commerce with foreign nations
D)does not apply to the transportation of goods

Question 32

The ________ prohibits the government from conducting unreasonable searches of individuals.

A)First Amendment
B)Fourth Amendment
C)Fifth Amendment
D)Sixth Amendment

Question 33

With reference to the Fourth Amendment, which of the following statements is true about search warrants?

A)Evidence that is seized by a police officer without having a search warrant is permitted in court.
B)To obtain a warrant to search, the property owner must have been previously convicted.
C)The items sought must be described in the search warrant.
D)A search warrant is issued by a senior police officer.

Question 34

Which of the following statements is true of the Bill of Rights?

A)It consists of the first 14 amendments to the Constitution.
B)It protects activities that take place in a commercial setting.
C)It does not include the right to petition the government for redress of grievances.
D)It has not been extended to the state governments.

Question 35

Individuals are protected against double jeopardy by the ________.

A)First Amendment
B)Fourth Amendment
C)Fifth Amendment
D)Ninth Amendment

Question 36

The First Amendment prohibits the government from ________.

A)denying equal protection of the laws to any citizen
B)denying a defendant the right to a trial by jury
C)interfering with the free exercise of religion
D)performing unreasonable search and seizure

Question 37

The ________ protects individuals' right to trial by jury.

A)First Amendment
B)Fourth Amendment
C)Fifth Amendment
D)Fourteenth Amendment

Question 38

Heather, a student, unfurled a banner having a religious slogan at school. She claims that her right to do so is protected by the Constitution. Which of the following statements is true about this scenario?

A)The Fourth Amendment protects Heather's right to be secure in her person.
B)The Sixth Amendment protects Heather's right to free speech.
C)The First Amendment protects Heather's right to free speech.
D)The Ninth Amendment protects Heather's right to be secure in her person.

Question 39

Brooke is a suspect in a case of larceny. Police officers search her house without a warrant and find the missing article. Brooke's attorney argues that this cannot be used as evidence as it was obtained without a warrant to search her residence. Which of the following statements is true with regard to the scenario?

A)The evidence is not permissible since it violates Brooke's right to be secure in her home as per the Fourth Amendment.
B)The evidence is not permissible since it violates Brooke's right to assemble peacefully as per the First Amendment.
C)The evidence is valid in court as police officers are permitted to search residences.
D)The evidence is permissible since the police officers need to describe the items searched for in a formal report.

Question 40

Which of the following statements is true about the taxing powers of the federal government?

A)Congress can levy different taxes on different states.
B)The Internet Tax Freedom Act permanently banned taxes on the Internet.
C)States are only allowed to require a business to submit sales tax payments if the business has a store or distribution center in the state.
D)The government charges lower taxes to discourage the development of certain industries.

Question 41

The Constitution provides the legal framework for the U.S.

Question 42

The executive branch has the power to pardon federal offenders.

Question 43

The ________ was used to strike down the definition of marriage as per the Defense of Marriage Act (DOMA).

A)First Amendment
B)Fourth Amendment
C)Supremacy Clause
D)Due Process Clause

Question 44

The principle of federalism divides the authority to govern between two sovereigns or supreme lawmakers.

Question 45

Rules declared by federal administrative agencies cannot be considered as federal laws.

Question 46

Laws attempting to regulate the use of child labor in manufacturing plants were struck down due to the Supreme Court's initial narrow interpretation of the Commerce Clause.

Question 47

Under the Constitution, all powers that are neither given exclusively to the federal government nor taken from the states are reserved to the states.

Question 48

The legislative branch is charged with interpreting the laws in the course of applying them to particular disputes.

Question 49

Which of the following statements is true about the Takings Clause?

A)Corporations are not covered by this clause.
B)It is present in the Fourth Amendment to the Constitution.
C)It requires the government to compensate the property owner only when the property is physically acquired.
D)Regulatory takings involve a government regulation that becomes so onerous as to require just compensation.

Question 50

The Due Process Clause ________.

A)is present in the Fourth Amendment to the Constitution
B)is primarily concerned with the procedures used to rehabilitate ex-convicts
C)provides that one cannot be deprived of life, liberty, or property without due process of law
D)mandates that laws which adversely affect economic interests should be passed by both the legislature and the judiciary

Question 51

Donald owns farming land near a forest area. Due to shortage of water in the surrounding areas, the government passes a new regulation that does not permit him to perform any agricultural activities on his land. Which of the following is likely to help Donald obtain compensation from the government?

A)the Takings Clause
B)the First Amendment
C)the Third Amendment
D)the Supremacy Clause

Question 52

The Fourteenth Amendment ________.

A)applies the Due Process Clause to the state governments
B)applies the right to indictment by a grand jury
C)was the first amendment to add the Bill of Rights to the Constitution
D)deals with only federal jurisdiction and its laws

Question 53

Which of the following statements is true of substantive due process?

A)Its present usage focuses on protecting economic interests over personal interests.
B)The government must have a proper purpose to pass a law that restricts an individual's liberty.
C)Business managers are allowed to negotiate employment contracts without any restrictions.
D)It requires that a criminal whose life, liberty, or property would be taken by a conviction be given a fair trial.

Question 54

The Supremacy Clause provides that the U.S. Constitution and all laws and treaties of the United States constitute the supreme law of the land.

Question 55

Which of the following statements is true of the Equal Protection Clause?

A)It is included in the Fourth Amendment to the Constitution.
B)It prohibits discrimination based on sufficient justification.
C)Intermediate scrutiny is applied when the classification is based on race, color, or national origin.
D)The rational basis test is applied when there is no class-based suspect classification.

Question 56

Jennifer runs her own business. An auditor observes some discrepancies in the company's finances, and the case is taken to court. In a trial, a subpoena requires her to produce the books and records related to her business. Which of the following statements is true about this scenario?

A)If the business is run as a corporation, the Fifth Amendment privilege against self-incrimination allows Jennifer to refuse to produce the records.
B)If the business is run as a sole proprietorship, the Fifth Amendment privilege against self-incrimination allows Jennifer to refuse to produce the records.
C)The Fifth Amendment privilege against self-incrimination extends to custodians of corporate records, which allows Jennifer to refuse to produce the records.
D)The Fifth Amendment privilege against self-incrimination extends to all forms of business, which allows Jennifer to refuse to produce the records.

Question 57

The ________ in the Fifth Amendment provides that if the government takes private property for public use, it must pay the owner just compensation.

A)Commerce Clause
B)Supremacy Clause
C)Takings Clause
D)Holdings Clause

Question 58

Which of the following statements is true about Ballot Measure 37?

A)It was passed in the state of Florida.
B)It applies to property owners of all the states in the country.
C)It requires the government to either exempt the property from the rules or compensate for losses.
D)It provides compensation to property owners only after a 50 percent reduction in the property's value is seen due to new regulations.

Question 59

It is easy to determine where the authority of one branch of the government ends and another's begins.

Question 60

The system of checks and balances allows each branch to encroach on the power of another.

Question 61

The provisions of the Communications Decency Act were deemed unconstitutional as they repressed the speech that adults have the right to make.

Question 62

Explain why the Supreme Court held that the Communications Decency Act (CDA) and the Child Online Protection Act (COPA) were unconstitutional.

Question 63

The U.S. Supreme Court ruled that the corporate funding of independent political broadcasts in candidate elections was illegal.

Question 64

Explain with an example how the First Amendment may prevent the government from compelling individuals to express certain views.

Question 65

The U.S. Supreme Court ruled that the Child Online Protection Act was unconstitutional.

Question 66

An individual's freedom of speech extends to making false statements about another that would be injurious to that person's reputation.

Question 67

The First Amendment protects corporate political speech, but not corporate commercial speech.

Question 68

Explain with examples the extent to which student speech is protected by the right to free speech.

Question 69

Explain the additional functions served by the collection of taxes other than the generation of revenue.

Question 70

Explain how the interpretation of the Commerce Clause has changed, empowering Congress to regulate commerce.

Question 71

Intermediate scrutiny is applied when the classification is based on a protected class other than race, color, or national origin.

Question 72

Strict scrutiny is used when a government activity classifies people based on their belonging to a suspect class.

Question 73

What were the cases that led to corporate political speech being considered protected speech? How did this impact the 2010 midterm election?

Question 74

The rights protected by the First Amendment are absolute.

Question 75

The First Amendment prohibits the government from aiding the establishment of a religion.

Question 76

Explain the circumstances under which a warrantless search is considered reasonable in an industry.

Question 77

Government officials are granted a search warrant only when they can show probable cause to believe that the search will turn up the specified evidence of criminal activity.