Question 1

In CASE 4.3,Fisher v.University of Texas at Austin (2013),the U.S.Supreme Court held that:

Accepted Answer

The U.S. Supreme Court held in Fisher v. University of Texas at Austin (2013) that when race is involved, a university admission test must be analyzed under the Fourteenth Amendment's Equal Protection clauses using a strict scrutiny test. This means that the university must show that the use of race as a factor in admissions is necessary to achieve a compelling government interest, and that there are no other less discriminatory means to achieve that interest.

Question 2

Laws that punish actions that were not illegal when performed are known as:

Accepted Answer

Ex post facto laws punish individuals for actions that were not considered illegal when they were performed. This type of law is prohibited by the U.S. Constitution in order to prevent the government from retroactively criminalizing behavior and punishing individuals for conduct that was lawful at the time it occurred. Bills of attainder are laws that single out individuals or groups for punishment without a trial, while proscriptive laws prohibit certain actions in advance. Criminal laws are laws that define and punish crimes.

Question 3

The Fifth Amendment does NOT contain which of the following?

Accepted Answer

The Fifth Amendment does not explicitly require a jury trial. However, the Sixth Amendment guarantees a right to a jury trial in criminal cases.

Question 4

Which of the following is NOT one of the three branches of government?

Accepted Answer

The three branches of government are the legislative branch, the judicial branch, and the executive branch. The administrative branch is not a recognized branch of government; it is likely a misnomer for the executive branch, which manages and oversees the everyday operations of the government.

Question 5

In the caseUnited States v.Morrisonreferencedin the text,the U.S.Supreme Court held that the Violent Crimes Against Women Act was:

Accepted Answer

In United States v. Morrison, the U.S. Supreme Court held that the Violence Against Women Act (VAWA) was invalid because Congress exceeded its authority under the Commerce Clause of the U.S. Constitution. The majority opinion noted that while gender-based violence was a serious problem, it did not have a sufficient connection to interstate commerce to justify congressional action under the Commerce Clause. Therefore, the Court invalidated the VAWA as unconstitutional.

Question 6

Over time the U.S.Supreme Court has changed its view of the scope of the Commerce Clause.

Accepted Answer

The U.S. Supreme Court has interpreted the scope of the Commerce Clause differently over time, with earlier interpretations being more limited and recent interpretations being more expansive.

Question 7

__________ gives the President a type of legal immunity which protects against the forced disclosure of Presidential communications made in the exercise of executive power.

Accepted Answer

Executive privilege is the type of legal immunity that protects the President from disclosing Presidential communications made in the exercise of executive power, in order to maintain confidentiality and allow for frank conversations with advisors. It is not an absolute privilege, and can be challenged if a court finds that the need for the information outweighs the need for confidentiality.

Question 8

The __________ test is applied to determine whether or not speech is protected by the First Amendment to the U.S.Constitution.

Accepted Answer

The clear and present danger test is the standard for determining when the government may restrict free speech. It holds that speech can be restricted if it poses a clear and present danger of bringing about certain substantive evils that the government has the power to prevent.

Question 9

In what year did the U.S.Constitution become effective?

Accepted Answer

The U.S. Constitution became effective on March 4, 1789.

Question 10

A law enacted to punish a specific individual would be an example of a(n):

Accepted Answer

A bill of attainder is a law that punishes a specific person or group without a trial. This is forbidden by the U.S. Constitution, which requires that all people have the right to due process under the law.

Question 11

Which of the following was the result at the U.S.Supreme Court level in the case of Board of Education of Independent School District No.92 of Pottawatomie County v.Earls,the case in the text involving whether a school system requiring student-athletes to take a drug test without any suspicion of drug use violates the Fourth Amendment?

Accepted Answer

The U.S. Supreme Court held in Board of Education of Independent School District No.92 of Pottawatomie County v. Earls that individualized suspicion is not always required for searches and that the drug tests were constitutional in this case. Therefore, choice D is the correct answer.

Question 12

In order to hold a media defendant liable for statements made about a public figure,the plaintiff must show the media defendant acted with:

Accepted Answer

In order to hold a media defendant liable for statements made about a public figure, the plaintiff must show that the media defendant acted with actual malice. Actual malice is defined as knowledge that the statement was false or with reckless disregard for whether or not it was true. Negligence or inaccuracy alone is not enough to find a media defendant liable in such a case. Intent to inflict monetary harm is also not the standard for holding a media defendant liable.

Question 13

In the __________ case,the U.S.Supreme Court upheld Title II of the Civil Rights Act of 1964 prohibiting discrimination or segregation on the grounds of race,color,religion or national origin in any inn,hotel,motel,or other establishment of more than five rooms that provides lodging to transient guests.

Accepted Answer

The case referred to in the question is the Heart of Atlanta Motel, Inc. v. United States case. In this case, the Supreme Court upheld Title II of the Civil Rights Act of 1964 which prohibited discrimination on the grounds of race, color, religion or national origin in any establishment that provides lodging to transient guests. The Heart of Atlanta Motel had challenged the law, arguing that the federal government did not have the constitutional authority to regulate private businesses in this way. However, the Supreme Court rejected this argument and upheld the law as a valid exercise of Congress's power to regulate interstate commerce.

Question 14

The __________ Clause of the U.S.Constitution states that the Constitution,laws,and treaties of the United States take precedence over state laws and that the judges of the state courts must follow federal law.

Accepted Answer

The Supremacy Clause is found in Article VI, Clause 2 of the U.S. Constitution and provides that federal law is supreme over state law. This means that when there is a conflict between federal and state law, federal law must be followed. State judges are also required to uphold and follow federal law, even if it conflicts with state law.

Question 15

In contrast to the federal government,state governments have general powers not specified in the Constitution.These general powers are often referred to as __________ that protect the __________.

Accepted Answer

State governments have police powers that allow them to protect the health, safety, and welfare of their citizens. These powers are not specifically listed in the Constitution, but are recognized as belonging to the states. Examples of police powers include regulating public health and safety, controlling crime, and promoting the general welfare.

Question 16

The Bill of Rights consists of which of the following?

Accepted Answer

The Bill of Rights refers specifically to the first ten amendments to the U.S. Constitution, which were passed in 1791. These amendments protect individual liberties such as freedom of speech, religion, and the press, and limit the power of the government to infringe upon these rights.

Question 17

In CASE 4.2Brown v.Entertainment Merchants Association (2011),involving the issue of whether a California statute could prohibit the sale or rental of graphically violent video games to minors,what was the holding of of U.S.Supreme Court?

Accepted Answer

The U.S. Supreme Court held that the California statute was invalid because it could not satisfy the strict scrutiny test applied, which requires that a restriction on First Amendment rights must be narrowly tailored to serve a compelling government interest. The Court found that the state's asserted interest in protecting minors from violent video games was not compelling and that the statute did not provide the least restrictive means of achieving the state's interest. Therefore, the Court concluded that the restriction violated the First Amendment rights of video game producers and retailers.

Question 18

The Free Exercise Clause prohibits all restrictions on the practice of religion.

Accepted Answer

The Free Exercise Clause does not prohibit all restrictions on the practice of religion. It allows for reasonable and neutral restrictions, such as laws prohibiting human sacrifice or religious practices that harm others.

Question 19

In theCitizens United v.Federal Election Commission case referenced in the text,regarding the constitutionality of corporate political expenditures,the U.S.Supreme Court:

Accepted Answer

The Supreme Court in Citizens United v. FEC ruled that corporate funding of independent political broadcasts in candidate elections cannot be limited under the First Amendment, striking down restrictions on corporate independent expenditures and electioneering communications.

Question 20

Based on various Supreme Court rulings,provisions in the Bill of Rights fundamental to the "American scheme of justice" are applicable to the States via the __________ Amendment.

Accepted Answer

The Fourteenth Amendment provides for due process and equal protection under the law, and has been interpreted by the Supreme Court to incorporate certain provisions of the Bill of Rights and apply them to the states. This doctrine is known as "selective incorporation."

Quiz 4: Constitutional Bases for Business Regulation.

In CASE 4.3,Fisher v.University of Texas at Austin (2013) ,the U.S.Supreme Court held that: