Question 1

A law based on a suspect trait will stand under the equal protection clause only if it is necessary to promote a compelling government interest .

Accepted Answer

Under the Equal Protection Clause, laws that classify based on suspect traits such as race or national origin are subject to "strict scrutiny," meaning they must be necessary to achieve a compelling government interest to be deemed constitutional.

Question 2

Political speech by corporations falls within the protection of the First Amendment.

Accepted Answer

The Supreme Court's decision in Citizens United v. Federal Election Commission established that corporations have the same First Amendment rights as individuals, including the right to free speech. This includes the ability to engage in political speech and contribute to political campaigns.

Question 3

The U.S. Constitution does not explicitly mention a right to privacy.

Accepted Answer

The U.S. Constitution does not explicitly mention a right to privacy, but the Supreme Court has interpreted certain amendments to imply this right.

Question 4

A law that that limits a fundamental right will not be held to violate substantive due process.

Accepted Answer

A law that limits a fundamental right is subject to strict scrutiny under substantive due process, and it must serve a compelling state interest and be narrowly tailored to achieve that interest. If it fails this test, it violates substantive due process.

Question 5

In situations not involving fundamental rights, the government must draft regulations that are closely related to an important government interest.

Accepted Answer

The answer of In situations not involving fundamental rights, the...

Question 6

The government must not place a substantial burden on religious practices .

Accepted Answer

The government is generally prohibited from placing a substantial burden on religious practices under laws like the Religious Freedom Restoration Act (RFRA) in the United States, unless there is a compelling governmental interest and the action is the least restrictive means of achieving that interest.

Question 7

Substantive due process requires that a person have an opportunity to object to a proposed action before a fair, neutral decision maker .

Accepted Answer

Substantive due process refers to the doctrine that certain rights are so fundamental that the government may not interfere with them unless it is necessary to achieve a compelling government interest. The description given pertains to procedural due process, which requires a fair process (such as notice and an opportunity to be heard) before the government can deprive someone of life, liberty, or property.

Question 8

A federal form of government is one in which the national government shares sovereign power with

Accepted Answer

In a federal system, sovereignty is constitutionally divided between a central governing authority and constituent political units, like states.

Question 9

The government may regulate religious practices for good reasons such as public welfare or public policy .

Accepted Answer

Governments can regulate religious practices if they conflict with public welfare, safety, or policy, as long as it doesn't infringe on fundamental rights.

Question 10

Privacy rights are protected exclusively under federal laws and not under state statutes.

Accepted Answer

Privacy rights are protected under both federal laws and state statutes, with states often having their own specific privacy regulations.

Question 11

Procedural due process focuses on the content of legislation .

Accepted Answer

Procedural due process focuses on the procedures and methods used by the government in enforcing the law, rather than the content of the legislation itself.

Question 12

American Hospital Organization (AHO), a political lobbying group, wants a certain healthcare payment policy enacted into law. If AHO's policy conflicts with the U.S. Constitution, a law containing that policy can be passed by

Accepted Answer

A law that conflicts with the U.S. Constitution cannot be enacted by any entity, as the Constitution is the supreme law of the land. Any law passed that is unconstitutional can be challenged and struck down by the judiciary.

Question 13

Generally, given the broad language of the Constitution, the line between state and national powers lies is determined by

Accepted Answer

The courts, particularly the Supreme Court, interpret the Constitution and determine the balance of power between state and national governments.

Question 14

Equal protection means that the government must treat individuals based on the differences in their situations and not the similarities.

Accepted Answer

Equal protection means that the government must treat individuals in similar situations equally, not based on differences.

Question 15

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

Accepted Answer

Checks and balances means that each branch of the government has some power to limit the actions of the others. This system is designed to prevent any one branch from gaining too much power and becoming tyrannical. Therefore, option B is the correct answer. Options A, C, and D are incorrect as they do not accurately describe the concept of checks and balances.

Question 16

If a restriction imposed by the government is content neutral, then it is not constitutionally protected.

Accepted Answer

Content-neutral restrictions can be constitutionally protected if they serve a significant governmental interest and leave open ample alternative channels for communication.

Question 17

The Fifth Amendment allows persons to be deprived of property without due process of law.

Accepted Answer

The Fifth Amendment actually provides that no person shall be deprived of life, liberty, or property without due process of law.

Question 18

A state may not restrict certain kinds of advertising in the interest of preventing consumers from being misled.

Accepted Answer

The government can regulate advertising to prevent consumer deception, as long as the restrictions are not overly broad and serve a substantial government interest.

Question 19

Steel Fabricators, Inc., markets its products to businesses and individual consumers on an interstate basis. Under the commerce clause, Congress has the power to regulate

Accepted Answer

The commerce clause grants Congress the power to regulate commerce among the states, which includes interstate commercial enterprises.

Question 20

Symbolic speech is action that a reasonable person would think conveys a message.

Accepted Answer

Symbolic speech involves actions that are intended to convey a particular message or statement to those observing it, and a reasonable person would understand the intended message.

Quiz 4: Constitutional Law