Deck 4: Constitutional Law and Uscommerce

Question 1

Article I of the Constitution deals with _____.

A)the executive branch
B)judicial powers
C)administrative agencies
D)legislative powers
E)federalism

Answer 1

D

Question 2

The power of small states is magnified by the Senate's _____,which currently requires 60 out of 100 senators to vote to bring a bill to the floor for an up-or-down vote.

A)Rule 100
B)quorum call
C)cloture rule
D)main motion
E)Rule 40

Answer 2

C

Question 3

The Supreme Court has reserved for itself the power to determine when state action is excessive,even when Congress has not used the commerce clause to regulate.

Answer 3

True

Question 4

In Austin v.Michigan Chamber of Commerce,the court prohibited corporations from using treasury money for independent expenditures to support or oppose candidates in elections for state offices.

Question 5

Which of the following is stated by Article I,Section 8,which sets forth the powers of the federal legislature?

A)The United States would have different duties,imposts and excises for each state.
B)The Congress cannot borrow money on the credit of the United States.
C)The president should be the commander in chief of the armed forces.
D)Individual rights must be preserved against activities of the federal government.
E)The Congress shall have power to regulate commerce with foreign nations.

Question 6

In a defamation case,public figures must prove that the defendant not only had his facts wrong,but also lied to the public in a malicious way with reckless disregard of the truth.

Question 7

Which of the following is true about the U.S.Constitution?

A)Article I makes it clear that the president should be the commander in chief of the armed forces.
B)Article II gives states rather than individuals a clear role in the election process.
C)Article I creates the federal judiciary.
D)Article II makes clear that individual rights must be preserved against activities of the federal government.
E)Article III balances influence in the federal legislature between large states and small states by creating a Senate in which the smaller states as well as the larger states have two votes.

Question 8

When Congress does use its power under exclusive regulatory authority,it can expressly state that it wishes to execute the commerce clause.

Question 9

According to the 1973 Roe v.Wade case,the Supreme Court did not act on the basis of clear and unequivocal language in the Constitution.

Question 10

A state's long-arm statute cannot confer personal jurisdiction that the state cannot constitutionally claim.

Question 11

The commerce clause gives the Supreme Court the exclusive power to make laws relating to foreign trade and commerce and to commerce between the various states.

Question 12

The U.S.Supreme Court can void the president's executive orders if they are contrary to the Constitution's language.

Question 13

In the 1990s,the Supreme Court stopped short of recognizing a general right to die under the doctrine of substantive due process.

Question 14

The Kimel v.Florida Board of Regents case held that corporations are "persons" with "free speech rights" and can spend unlimited amounts of money in political advocacy.

Question 15

The power of the small states is magnified by the Senate's Takings clause which requires 60 out of 100 senators to vote to bring a bill to the floor for an up-or-down vote.

Question 16

The U.S.Supreme Court has articulated the view that it sets the framework for all other U.S.laws whether statutory or judicially created.

Question 17

Based on the supremacy clause,the _____ holds that state and federal laws that conflict must yield to the superior law,which is federal law.

A)separation of powers
B)takings clause
C)doctrine of preemption
D)substantive due process
E)dormant commerce clause

Question 18

The United States is similar to industrialized democracies in having a Supreme Court that reserves for itself the exclusive power to interpret what the Constitution means.

Question 19

States cannot constitutionally pass laws that interfere with the accomplishment of the purposes of the federal laws,but Congress can pass standards that are more stringent than the federal laws.

Question 20

Article III of the Constitution deals with administrative agencies.

Question 21

What does the Fourteenth Amendment state? What are the classifications under the Fourteenth Amendment?

Question 22

Which of the following is a part of the Fifth Amendment?

A)A law can be overturned only if it serves no rational government purpose.
B)In terms of substantive due process,the Amendment prevents the government from arbitrarily taking the life of a criminal defendant.
C)The guarantees of the Amendment are available to property owners where state,county,or municipal government uses the power of eminent domain to take public property for private purposes.
D)If a government agency conducts a drug test on its employees,the employees cannot make constitutional arguments as it is a closely regulated sector.
E)The court has read the Fifth Amendment to prohibit only those government searches or seizures that are "unreasonable."

Question 23

The court's ruling in Bush v.Gore was purportedly based on the _____.

A)equal protection of the laws
B)separation of the powers
C)substantive due process
D)preemption clause
E)procedural due process

Question 24

In the NLRB v.Jones & Laughlin Steel Corporation,Wickard v.Filburn,U.S.v.Lopez,and Katzenbach v.McClung cases,what was the common position held by the defendant?

A)The legislation was beyond Congress's powers
B)The prohibition of racial discrimination in public
C)Interstate commerce was illegal
D)Interference by the employer
E)The Civil Rights Act of 1964

Question 25

The court has created three classifications under the Fourteenth Amendment,and the outcome of any equal protection case can usually be predicted by knowing how the court is likely to classify the case.Which of the following is true?

A)A government action interfering with a fundamental right will receive strict scrutiny.
B)Under intermediate scrutiny,government actions are always upheld if there is a rational basis for them.
C)Under strict scrutiny,government classifications are sometimes upheld.
D)The minimal scrutiny test will be applied to classifications involving racial and ethnic criteria.
E)Under minimal scrutiny,classifications based on race are almost never upheld.

Question 26

The _____ clause of the Fifth Amendment ensures that the government does not take private property without just compensation.

A)due process
B)equal protection
C)Self-Incrimination
D)supremacy
E)takings

Question 27

When Congress uses its power under the commerce clause,it can expressly state that it wishes to have _____.

A)judicial review
B)a dormant commerce clause
C)exclusive regulatory authority
D)interstate commerce
E)absolute police power

Question 28

What is meant by the commerce clause? List the first five parts of Article I,Section 8.

Question 29

In Gonzalez v.Raich,which of the following was an argument made by the majority in the Supreme Court?

A)The commerce clause was contrary to state law.
B)The ban was a part of the act to regulate the national marijuana market.
C)Federal power had been exceeded.
D)Medical marijuana did not substantially affect interstate commerce.
E)California's law conflicted with the federal Controlled Substances Act.

Question 30

Which of the following is a violation of the dormant commerce clause?

A)Congress does not exercise its powers.
B)Anything that moves in channels of interstate commerce is "commerce."
C)Differentiate on the basis of origin.
D)If a state law is an "undue burden" on interstate commerce,it will be struck down.
E)If one state discriminates in its treatment of any article of commerce based on its state of destination,the court will strike down the law.

Question 31

Which of the following is true about fundamental liberties?

A)Only the right against involuntary quartering of soldiers and the right to be indicted by a grand jury have been applicable to the states.
B)The liberty interests are grouped from general right to privacy.
C)The word "liberty" cannot be viewed as a rational continuum protecting arbitrary impositions on humans.
D)The Supreme Court is said to have selectively incorporated the Bill of Rights into the takings clause of the Fourteenth Amendment.
E)The word "liberty" can be defined by a definitive list of rights.

Question 32

Which of the following is true according to the substantive due process claims?

A)The government cannot arbitrarily take the life of a criminal defendant.
B)The government cannot take private property without just compensation.
C)Legislation on business affairs is not subject to judicial scrutiny.
D)A law will be voided unless it is narrowly tailored to serve a significant purpose.
E)The law ensures that the government does not take private property without just compensation.