Question 1

"Actual malice" in defamation cases against the press requires a showing that a reporter intentionally lied.

Accepted Answer

"Actual malice" in defamation cases against the press refers to a showing that a reporter published a statement with knowledge of its falsity or with reckless disregard for the truth, rather than requiring proof of intentional lying.

Question 2

The Bill of Rights was approved by the first Congress to guarantee that the federal government would not abuse its powers.

Accepted Answer

The Bill of Rights is made up of the first ten amendments to the United States Constitution, and its purpose was to protect individual liberties and limit the power of the federal government. Its approval by the first Congress shows that there was a recognition of the need for clear protections against potential abuses of power.

Question 3

The Bill of Rights restricts the power and authority of the federal government.

Accepted Answer

The Bill of Rights is a set of amendments to the US Constitution that protect individual rights and limit the power of the federal government over citizens.

Question 4

If Congress has not intended to displace all state legislation on a particular topic, state legislation that conflicts with the federal legislation is permitted.

Accepted Answer

If Congress has not intended to displace state legislation on a particular topic, any state legislation that conflicts with federal legislation is preempted and therefore invalid.

Question 5

The term "eminent domain" refers to a governmental taking of private property for public use.

Accepted Answer

Eminent domain is the power of the government to take private property for public use, as long as just compensation is provided to the property owner.

Question 6

The U.S.Supreme Court has held that the Takings Clause requires just compensation not only if a governmental taking actually occurs, but also if a governmental regulation reduces the value of the property.

Accepted Answer

The answer of The U.S.Supreme Court has held that the...

Question 7

The constitutional protection extended to commercial speech is based on the informational function of advertising.

Accepted Answer

The Supreme Court has ruled that commercial speech is protected by the First Amendment because it provides information to consumers and contributes to our economic system.

Question 8

The Contract Clause of the Constitution applies only to the actions of state governments and not to the federal government.

Accepted Answer

The Contract Clause in the Constitution applies to state governments, as stated in Article I, Section 10. It does not apply to actions taken by the federal government.

Question 9

Under the federalist system, the states retain significant powers; however, the Supremacy Clause of the Constitution provides that within the areas of regulation that are federal in nature, federal law is supreme.

Accepted Answer

The Supremacy Clause of the Constitution establishes that federal law is supreme within the areas of regulation that are federal in nature, but under the federalist system, states retain significant powers.

Question 10

Under the Commerce Clause, any state statute that affects interstate commerce is unconstitutional.

Accepted Answer

The Commerce Clause does give Congress the power to regulate interstate commerce, but it does not mean that any state law that affects interstate commerce is automatically unconstitutional. The Supreme Court has established a test to determine whether a state law is constitutional under the Commerce Clause, known as the dormant Commerce Clause doctrine. This test examines whether the state law discriminates against out-of-state businesses, imposes an undue burden on interstate commerce, or regulates activity that is quintessentially national in character. If a state law fails one of these tests, it may be deemed unconstitutional under the Commerce Clause.

Question 11

In equal protection cases involving economic regulation, the courts use the rational relationship test.

Accepted Answer

In cases involving economic regulation, the courts generally use the rational relationship test, which is a lower standard of scrutiny than the strict scrutiny test used in cases involving fundamental rights or suspect classifications. The rational relationship test asks whether a law or policy is rationally related to a legitimate government interest, and is a deferential standard that gives significant deference to the government's judgment.

Question 12

Under the Due Process Clause, entitlements conferred by the government, such as social security payments, are property, which cannot be revoked without procedural due process.

Accepted Answer

The Due Process Clause of the U.S. Constitution protects individuals from being deprived of life, liberty, or property without due process of law. Entitlements conferred by the government, such as social security payments, are considered property. Therefore, these entitlements cannot be revoked without providing the individual with procedural due process, which includes notice and an opportunity to be heard.

Question 13

State action is a term that may include conduct by private parties who perform a public function.

Accepted Answer

State action refers to actions taken by the government or its representatives, but it may also include conduct by private parties who perform a public function such as private prisons or schools that receive government funding.

Question 14

The U.S.Constitution created a federal government of enumerated powers, and legislation enacted by Congress must be based on a specific power the Constitution grants to the federal government or be reasonably necessary for carrying out an enumerated power.

Accepted Answer

The Constitution explicitly states the powers of the federal government, and legislation passed by Congress must be based on these powers or reasonably necessary for carrying out an enumerated power. This is known as the principle of limited government.

Question 15

According to the U.S.Supreme Court, the "necessary and proper" clause gives Congress the authority to legislate in areas not mentioned in the list of enumerated powers if the legislation reasonably relates to an enumerated power.

Accepted Answer

This is an accurate description of the "necessary and proper" clause as interpreted by the U.S. Supreme Court. It is also known as the "elastic clause" because it allows Congress to stretch its powers beyond those specifically listed in the Constitution.

Question 16

In commercial speech cases, the U.S.Supreme Court requires that any restriction on such speech must be the least restrictive possible to achieve a substantial governmental interest.

Accepted Answer

The Supreme Court requires that restrictions on commercial speech must directly advance the governmental interest asserted and cannot be more extensive than necessary to serve that interest, but it does not require the restriction to be the least restrictive means possible.

Question 17

A state regulation that does not conflict with a federal regulation may still be preempted by federal action.

Accepted Answer

This is known as field preemptio or conflict preemption. If a federal regulation is intended to occupy the entire field, any state regulation within that field may be preempted.

Question 18

The Minnesota Housing Authority plans to begin eminent domain proceedings to acquire 100 homes to rent to low-income persons.The Housing Authority wants to pay as little as possible for the homes so that it can acquire more homes in the future, but the homeowners insist they are entitled to the fair market value of the property.In a court hearing on the matter, the homeowners are likely to prevail.

Accepted Answer

Eminent domain requires the government to provide just compensation, which is typically fair market value for the property. The homeowners are entitled to receive fair market value for their homes.

Question 19

The Fifth and Fourteenth Amendments prohibit the federal and state governments, respectively, from depriving any person of life, liberty, or property without due process of law.

Accepted Answer

Both the Fifth and Fourteenth Amendments include the Due Process Clause, which prohibits the federal and state governments from depriving individuals of their fundamental rights without following fair procedures and providing adequate notice and opportunity to be heard.

Question 20

The Congressional power to borrow money on credit of the United States and to coin money have enabled the federal government to establish a national banking system, the Federal Reserve System, and specialized federal lending programs such as the Federal Land Bank.

Accepted Answer

The power of Congress to borrow money and coin money has been used to establish a national banking system, the Federal Reserve System, and specialized federal lending programs like the Federal Land Bank.

Quiz 4: Constitutional Law