Question 1

The lawfulness of all government classifications that do not involve suspect or protected classes is examined using a(n)________ test.

Accepted Answer

The best choice is D because the rational basis test is used to examine the lawfulness of government classifications that do not involve suspect or protected classes. The other options, strict scrutiny and intermediate basis, are used for classifications involving suspect or protected classes. Due process is a general concept related to fairness and procedure in legal matters, but it is not a specific test used for examining government classifications.

Question 2

The lawfulness of government classifications based on a protected class other than a suspect class or a fundamental right,such as a classification based on gender,is examined using a(n)________ test.

Accepted Answer

When a government classification is based on a protected class other than a suspect class or a fundamental right, an intermediate scrutiny test is used to examine its lawfulness. This test requires that the classification is substantially related to an important government objective, which is a less stringent standard than strict scrutiny but more rigorous than rational basis.

Question 3

Which of the following is an instance of a decision involving the Equal Protection Clause being made on the basis of the rational basis test?

Accepted Answer

The rational basis test is used for cases of economic regulation or classifications that do not involve suspect classes, and it requires that the law or policy be rationally related to a legitimate government interest. In this case, providing subsidies to farmers could be seen as a legitimate government interest, and the classification based on occupation (farmers versus carpenters or lumberjacks) is not a suspect class, so the rational basis test would apply.

Question 4

The ________ Clause prevents the government from enacting laws that either prohibit or inhibit individuals from participating in or practicing their chosen religions.

Accepted Answer

The answer of The ________ Clause prevents the government from...

Question 5

The ________ is a test that is applied to classifications based on a suspect class or involves fundamental rights.

Accepted Answer

The answer of The ________ is a test that is...

Question 6

The Privileges and Immunities Clause prohibits states from enacting laws that unduly discriminate in favor of their residents.

Accepted Answer

The Privileges and Immunities Clause of the US Constitution's Article IV, Section 2 prohibits states from enacting laws that unduly discriminate in favor of their residents.

Question 7

Under the intermediate scrutiny test,a court must determine whether the government classification is reasonably related to a legitimate government purpose.

Accepted Answer

Under intermediate scrutiny, the court must determine whether the government classification is reasonably related to a legitimate government purpose, which is a less demanding standard than strict scrutiny but more demanding than rational basis review.

Question 8

The federal government's Social Security program,which pays benefits to older members of society but not to younger members of society,is lawful as examined by a(n)________ test.

Accepted Answer

The Social Security program is examined by the rational basis test. This test evaluates whether a law is rationally related to a legitimate government interest. In this case, the government has a legitimate interest in providing financial support to older members of society who may not have the ability to work and support themselves.

Question 9

Which of the following requires that government statutes,ordinances,regulations,and other laws be clear on their face and not overly broad in scope?

Accepted Answer

Substantive due process requires that government statutes, ordinances, regulations, and other laws be clear on their face and not overly broad in scope. This means that laws cannot be vague or undefined, and they cannot be so broad that they infringe upon constitutional rights. Simply put, substantive due process ensures that laws are fair and reasonable.

Question 10

Which of the following amendments to the U.S.Constitution contains the Due Process,Equal Protection,and Privileges and Immunities Clauses?

Accepted Answer

The Fourteenth Amendment contains the Due Process Clause, Equal Protection Clause, and Privileges and Immunities Clause.

Question 11

An organization provides six months of maternity leave to its female employees,whereas its male employees can avail paternity leave for a maximum of two weeks.Which of the following tests is used to examine the lawfulness of this classification?

Accepted Answer

This classification is based on gender, so it would fall under intermediate scrutiny. Under intermediate scrutiny, the classification must serve an important government interest and be substantially related to that interest. The organization would need to provide a justification for the disparate treatment of male and female employees in this case.

Question 12

A certain state in the United States declares that its citizens should only wear "modest" clothing.Which of the following conclusions is made when this law is tested for substantive due process?

Accepted Answer

The answer of A certain state in the United States...

Question 13

Distinguish between limited protected speech and unprotected speech,as defined by the U.S.Supreme Court.

Accepted Answer

The answer of Distinguish between limited protected speech and unprotected...

Question 14

Vanessa was born to American parents from a minority group in Miami.She applies to a public university which offers scholarships only to students from minority groups.Which of the following standards of review is used to decide if the university violates the Equal Protection Clause by offering Vanessa the scholarship?

Accepted Answer

The standard of review used in cases involving discrimination based on race or ethnicity is strict scrutiny. This requires the government to show a compelling interest in the classification used and that the classification is narrowly tailored to achieve that interest. In this case, the public university is offering scholarships based on race or ethnicity, which would trigger strict scrutiny review. The other options are not applicable in this scenario.

Question 15

The Equal Protection Clause of the Fourteenth Amendment provides that a state cannot promote one religion over others.

Accepted Answer

The Equal Protection Clause of the Fourteenth Amendment requires states to treat all people equally under the law and does not specifically address the issue of religion. The Establishment Clause of the First Amendment prohibits the government from promoting one religion over others.

Question 16

Substantive due process requires that the government give a person proper notice and hearing of legal action before that person is deprived of his or her life,liberty,or property.

Accepted Answer

Substantive due process refers to the doctrine that the government must not infringe on fundamental constitutional liberties (such as rights to privacy or marriage), whereas the requirement for the government to give a person proper notice and a hearing before depriving that person of life, liberty, or property is a principle of procedural due process.

Question 17

A(n)________ test is applied to classifications of people based on a suspect class.

Accepted Answer

Strict scrutiny is the test applied to classifications of people based on a suspect class, such as race, religion, or national origin. This test requires the government to prove that the classification is necessary to achieve a compelling state interest and that it is narrowly tailored to achieve that interest.

Question 18

Which of the following provisions is made by the Due Process Clauses?

Accepted Answer

The Due Process Clauses protect an individual's right to life, liberty, and property and require that they cannot be deprived of these without due process of the law. This clause is found in both the Fifth and Fourteenth Amendments to the US Constitution. Choices B, C, and D do not relate to the Due Process Clauses.

Question 19

The Equal Protection Clause makes the classification of individuals based on their race unlawful.

Accepted Answer

The Equal Protection Clause prohibits states from denying any person within its jurisdiction the equal protection of the laws, but it does not make all racial classifications unlawful per se. Instead, it subjects such classifications to strict scrutiny, meaning they must serve a compelling governmental interest and be narrowly tailored to achieve that interest.

Question 20

The ________ Clause of the U.S.Constitution collectively prohibits states from enacting laws that unduly discriminate in favor of their residents.

Accepted Answer

The Privileges and Immunities Clause prevents states from discriminating against citizens of other states in favor of their own residents.

Quiz 5: Constitutional Law for Business and E-Commerce

The lawfulness of all government classifications that do not involve suspect or protected classes is examined using a(n) ________ test.

The lawfulness of government classifications based on a protected class other than a suspect class or a fundamental right,such as a classification based on gender,is examined using a(n) ________ test.