Deck 4: Constitutional Law

Question 1

A confederal form of government is a confederation of independent states with a central government of very limited powers. 

Answer 1

True

Question 2

The President determines the jurisdiction of the federal courts. 

Answer 2

False

Question 3

The establishment clause requires a complete separation of church and state. 

Answer 3

False

Question 4

Some constitutional protections apply to business entities. 

Question 5

In a federal form of government,the national government does not share sovereign power with the states. 

Question 6

Federal legislation can affect how businesses compete. 

Question 7

Under the Constitution,the judicial branch interprets the laws. 

Question 8

Congress may tax some states while exempting others. 

Question 9

The term police powers encompasses just the enforcement of criminal laws. 

Question 10

Under the Constitution,the judicial branch is responsible for foreign affairs. 

Question 11

The First Amendment does not protect symbolic speech. 

Question 12

Under the supremacy clause,a valid federal statute or regulation will preempt a conflicting state or local law or regulation on the same general subject. 

Question 13

If a tax measure is reasonable,it is generally held to be within the national taxing power. 

Question 14

The states can establish laws and regulations that would interfere with trade and commerce among the states. 

Question 15

The Constitution expressly delegated to the states the power to regulate interstate commerce. 

Question 16

The Constitution permits Congress to regulate interstate commerce. 

Question 17

The national government can regulate almost every commercial enterprise in the United States. 

Question 18

The checks and balances in the U.S.Constitution prevent any one branch of government from exercising too much power. 

Question 19

The Fifth Amendment prohibits unreasonable searches and seizures of persons or property. 

Question 20

All powers not specifically delegated to the federal government are reserved to the states. 

Question 21

Substantive due process limits what the government can do in its legislative and executive capacities. 

Question 22

The First Amendment protects commercial speech more extensively than noncommercial speech. 

Question 23

A law that prohibits or inhibits only some persons from exercising a fundamental right will be subject to "strict scrutiny" by the courts under the equal protection clause. 

Question 24

Procedural due process requires that any government decision to take a person's property must be made fairly. 

Question 25

The First Amendment protects defamatory speech. 

Question 26

The Fourteenth Amendment guarantees a right to due process of law. 

Question 27

Speech-oral,written,or symbolized by conduct-is not subject to restrictions. 

Question 28

A law that discriminates based on gender must substantially relate to an important government objective to be valid under the equal protection clause. 

Question 29

The First Amendment prevents limits from being placed on corporations using their funds to advocate the election or defeat of a political candidate. 

Question 30

A law that has any impact on religion is unconstitutional. 

Question 31

National Hospital Organization (NHO),a political lobbying group,wants a certain healthcare cost-reimbursement policy enacted into law.If NHO's policy conflicts with the U.S.Constitution,a law embodying it can be imposed by​ 

A) ​Congress. 
B) ​a federal court. 
C) ​the President. 
D) ​none of the choices.

Question 32

The U.S.Constitution explicitly mentions a general right to privacy. 

Question 33

The Constitution sets forth specific powers that can be exercised by the national government and provides that the national government has the implied power to undertake actions necessary to carry its expressly designated powers.All other powers are expressly reserved to​ 

A) none of the choices.​ 
B) ​the states. 
C) ​the national government. 
D) ​the people.

Question 34

Equal protection means that the government cannot enact laws that treat similarly situated individuals differently. 

Question 35

The Constitution sets out the authority and the limits of the branches of the government.The term checks and balances means that​ 

A) ​Congress writes checks and the other branches balance the budget. 
B) ​each branch has some power to limit the actions of the others. 
C) ​the courts balance their authority to the other branches' checklists. 
D) ​the president "checks" the courts, which "balance" the laws.

Question 36

The United Energy Resources Association would like a certain law enacted,administered,interpreted,and enforced in the best interest of its members,which include fossil fuel companies.Under the Constitution,Congress​ 

A) ​administers the laws. 
B) ​enforces the laws. 
C) ​interprets the laws. 
D) ​enacts the laws.

Question 37

The establishment clause requires a complete separation of church and state. 

Question 38

State laws protect individuals' privacy rights. 

Question 39

Savers Mart,Inc.,distributes its merchandise to retail outlets on an interstate basis.Under the commerce clause,Congress has the power to regulate​ 

A) ​any commercial activity in the United States. 
B) ​only activities that are in intrastate commerce. 
C) ​only activities that are in local commerce. 
D) ​only activities that are not in commerce.

Question 40

Pretexting is the process of obtaining information by false means. 

Question 41

Lake City enacts an ordinance that bans the distribution of all printed materials on city streets.Mackensie opposes the city's latest "revenue-enhancing" measure and wants to protest by distributing handbills.In her suit against Lake City,a court would likely hold the ban on printed materials to be​ 

A) ​constitutional under the First Amendment. 
B) ​not subject to the U.S. Constitution. 
C) ​unconstitutional under the commerce clause. 
D) ​unconstitutional under the First Amendment.

Question 42

The commerce clause's express grant of exclusive authority to regulate commerce that substantially affects trade and commerce among states is referred to as the​ 

A) ​dormant aspect. 
B) ​regulatory aspect. 
C) ​substantive aspect. 
D) ​exclusive aspect.

Question 43

Taco Hot Dogs,Inc.,regularly advertises its products.Under the First Amendment,in comparison with noncommercial speech,the protection given these ads is​ 

A) ​equally extensive. 
B) ​less extensive. 
C) ​more extensive. 
D) ​non-existent.

Question 44

California enacts a statute to ban advertising in "bad taste." This statute would likely be held by a court to be 

A) ​an unconstitutional restriction of speech. 
B) ​constitutional under the First Amendment. 
C) ​justified by the need to protect individual rights. 
D) ​necessary to protect national interests.

Question 45

A federal law regarding the labeling of pesticides directly conflicts with a state law.The state law will be rendered invalid due to the​ 

A) ​supremacy clause. 
B) ​commerce clause. 
C) ​federal spending power. 
D) ​First Amendment.

Question 46

George burns an American flag in his backyard.He films his actions and posts the video on YouTube.com.George's actions are​ 

A) ​expressly prohibited by the Constitution. 
B) ​protected by the First Amendment. 
C) ​subject to reasonable restrictions under the due process clause. 
D) ​given strict scrutiny under the equal protection clause.

Question 47

Keralyn creates a Web site to post threatening messages about celebrities.The First Amendment protects such speech​ 

A) ​all of the time. 
B) ​none of the time. 
C) ​only if it is noncommercial. 
D) ​only if it is symbolic..

Question 48

The state of Indiana regulates private activities to protect or promote the public order,health,safety,and general welfare under its​ 

A) ​police powers. 
B) ​taxing powers. 
C) ​spending powers. 
D) ​supreme powers.

Question 49

A statute enacted by the Arizona state legislature to regulate trucking affects interstate commerce.In evaluating this statute,the courts will balance the burden that it imposes on interstate commerce against​ 

A) ​the courts' authority to determine that a law is unconstitutional. 
B) ​the purpose of interstate commerce. 
C) ​the state's interest in regulating the matter. 
D) ​the statute's impact on noneconomic activity.

Question 50

The members of Citizens Aware believe that a recently enacted federal law is unconstitutional.They write and sign a petition to the government to repeal the law,refuse to obey the law,and stop others from complying with the law.Under the First Amendment,these individuals have a right to​ 

A) ​petition the government. 
B) ​refuse to obey any law with which they disagree. 
C) ​stop others from complying with the law. 
D) ​all of the choices.

Question 51

A decision by the federal Environmental Protection Agency (EPA)on the amount of carbon that can be emitted from a car's exhaust system conflicts with a California state law.In this situation,under the supremacy clause,​ 

A) ​both the decision and the law are invalid. 
B) ​both the decision and the law apply concurrently. 
C) ​California's law takes precedence. 
D) ​the EPA's decision takes precedence.

Question 52

Sustainable Crops Corporation regularly expresses opinions on political issues.Under the First Amendment,corporate political speech is​ 

A) ​discouraged. 
B) ​forbidden. 
C) ​protected. 
D) ​required.

Question 53

Mary creates a t-shirt design that expresses her support for a presidential candidate and distributes t-shirts to all her friends.The t-shirts are an example of​ 

A) ​unprotected speech. 
B) ​controlled speech. 
C) ​symbolic speech. 
D) ​illegal speech.

Question 54

Bree,a citizen of California,obtains a federal license to operate a commercial fishing boat in a certain area off the Northern California coast.The California state legislature enacts a law that bans all commercial fishing in that area.The state law most likely violates​ 

A) ​no provision in the U.S. Constitution. 
B) ​the commerce clause. 
C) ​the due process clause. 
D) ​the supremacy clause.

Question 55

Serenity City enacts an ordinance that bans the use of "sound amplifying systems" on public streets.Tyler wants to campaign for a seat on the city council by broadcasting his message through speakers mounted on a truck.In Tyler's suit against the city,a court would likely hold the ordinance to be​ 

A) ​an unconstitutional restriction of speech. 
B) ​constitutional under the First Amendment. 
C) ​justified by the need to protect individual rights. 
D) ​necessary to protect national interests.

Question 56

VidGames,Inc.markets a variety of shooting,fighting,and hunting video games.A state statue is enacted that requires all video game manufacturers to label any games with an option to kill something as "excessively violent".A court would likely hold this regulation to be​ 

A) ​an unconstitutional restriction of speech. 
B) ​constitutional under the First Amendment. 
C) ​justified by the need to protect individual rights. 
D) ​necessary to protect national interests.

Question 57

Congress enacts the Supplemental Income Tax Act (SITA)to exempt the citizens of New Jersey from federal taxes until their coastal towns are rebuilt from the ravages of a recent hurricane.SITA will most likely be​ 

A) ​rendered invalid under the supremacy clause. 
B) ​held to be valid under the equal protection clause. 
C) ​struck down under the taxing and spending clause. 
D) ​upheld under the commerce clause.

Question 58

Ryan,a follower of a certain religion,sells an article to Sunday! magazine in which he insists that Congress base all federal law on his religious principles.The First Amendment guarantees Ryan's​ 

A) ​freedom of religion. 
B) ​right to engage in interstate commerce. 
C) ​right to due process. 
D) ​right to privacy.

Question 59

Don,a U.S.citizen,is the owner of Egrets Unlimited,Inc.Egret's competitors include Feathered Friends Company (FFC),which is owned by Greg and Huey.The Bill of Rights embodies a series of protections for Don against types of interference by​ 

A) ​FFC and its other competitors only. 
B) ​FFC, Greg, Huey, others, and the government. 
C) ​Greg, Huey, and other private individuals only. 
D) ​the government only.

Question 60

The Rapid Transit Institute wants the federal government to spend money on inner city and inter-city light rail systems.Congress can spend revenue​ 

A) ​only to carry out Congress's enumerated powers. 
B) ​to promote any objective that Congress deems worthwhile. 
C) ​without regard to whether the expenditure violates the Bill of Rights. 
D) ​without regard to whether the expenditure violates the Constitution.

Question 61

Congress enacts the Ad Restriction Act (ARA)to limit advertising in certain circumstances.The ARA will be considered valid if it directly advances a substantial government interest​ 

A) ​and goes no further than necessary to achieve its purpose. 
B) ​without regard to how "far" it goes. 
C) ​and the parties affected by it can elect how "far" to go in applying it. 
D) ​and goes further than necessary to ensure full coverage.

Question 62

Adult Shoppe in Bay City sells a variety of publications,including child pornography.Bay City enacts an ordinance prohibiting the sale of such materials.This ordinance is most likely​ 

A) ​an invalid restriction of individuals' privacy. 
B) ​an unconstitutional restriction of speech. 
C) ​a violation of adults' rights to enjoy certain privileges. 
D) ​constitutional under the First Amendment.

Question 63

Brad stands in front of Rooster's Round-Up Café,shouting "fighting words" that are likely to incite Rooster's patrons to respond violently.The First Amendment protects such speech​ 

A) ​all of the time. 
B) ​none of the time. 
C) ​only if it is noncommercial. 
D) ​only if it is symbolic.

Question 64

Jon,a law enforcement official,monitors Kelsey's Internet activities-e-mail and Web site visits-to gain access to her personal financial data and student information.This may violate Kelsey's right to​ 

A) ​equal protection. 
B) ​privacy. 
C) ​due process. 
D) ​engage in interstate commerce.

Question 65

A Metro City ordinance imposes a jail term,without a trial,on all vendors who operate in certain areas.A court would likely review this ordinance under the principles of 

A) ​equal protection. 
B) ​free exercise. 
C) ​due process. 
D) ​free speech

Question 66

Orin claims that a Pennsylvania state statute infringes on his "substantive due process" rights.This claim focuses on​ 

A) ​procedures used to make decisions to take life, liberty, or property. 
B) ​the content of the statute. 
C) ​the similarity of the treatment of similarly situated individuals. 
D) ​the steps to be taken to protect Orin's privacy.

Question 67

Bay Town enacts an ordinance to allow only a few recreational boating outfits to operate in certain areas of its harbor,for the purpose of reducing traffic.A court would likely review this ordinance under the principles of​ 

A) ​equal protection. 
B) ​free exercise. 
C) ​due process. 
D) free speech​

Question 68

The Arkansas state legislature enacts a statute that prohibits the advertising of video games "because the games might be harmful to minors." Despite this new statute,the president of Games Marketing,Inc.(GMI),orders GMI marketers to place ads in any media.When a GMI ad appears on HDTV,a local television station,GMI and HDTV are charged with violating the statute.What is the defendants' best defense against a conviction?​

Question 69

Jim operates Jim's Fruits & Vegetables,a small market stocked entirely with produce grown on his adjacent farm.Under what clause of the Constitution can the federal government regulate Jim's activities? What is Jim's best argument against federal regulation of his farm and business?​

Question 70

Oklahoma enacts a law requiring all businesses in the state to donate 10 percent of their profits to Protestant churches that provide certain services to persons whose income is below the poverty level.PriceLess Stores files a suit to block the law's enforcement.The court would likely hold that this law violates​ 

A) ​no clause in the U.S. Constitution. 
B) ​the establishment clause. 
C) ​the free exercise clause. 
D) ​the supremacy clause.

Question 71

Marie claims that a Nebraska state statute infringes on her "procedural due process" rights.This claim focuses on​ 

A) ​procedures used in making decisions to take life, liberty, or property. 
B) ​the content of the statute. 
C) ​the similarity of the treatment of similarly situated individuals. 
D) ​the steps to be taken to protect Marie's privacy.

Question 72

Under the First Amendment,in comparison with commercial speech,the protection given obscene speech is​ 

A) ​equally extensive. 
B) less extensive.​ 
C) ​more extensive. 
D) ​non-existent.