Question 1

The protections of the Fourteenth Amendment, such as the Due Process Clause, apply to individuals, not businesses.

Accepted Answer

The protections of the Fourteenth Amendment, including the Due Process Clause, have been interpreted by the U.S. Supreme Court to apply to corporations and businesses as well as individuals, recognizing corporations as legal "persons."

Question 2

The equal protection clause of the 14th Amendment is used by the courts to ensure that all persons are treated equally under the law.

Accepted Answer

The equal protection clause of the 14th Amendment prohibits states from denying any person within their jurisdiction the equal protection of the laws. This means that all individuals must be treated similarly by the government, without discrimination based on characteristics such as race, gender, religion, or national origin. Courts have used this clause to strike down laws or policies that unfairly discriminate against certain groups or individuals.

Question 3

Due process rights are concerned with the fairness of law enforcement procedures as well as with the content of legislation.

Accepted Answer

Due process rights guarantee that individuals are afforded fair treatment in legal proceedings and protection against arbitrary government actions, both in terms of the procedures followed by law enforcement and the content of laws and regulations.

Question 4

The U.S. Constitution was ratified and became effective in:

Accepted Answer

The U.S. Constitution was ratified in 1788 and became effective in 1789.

Question 5

The Fourteenth Amendment has been a powerful device for extending federal constitutional guarantees to the states and preventing states from passing laws diminishing federal constitutional protection.

Accepted Answer

The Fourteenth Amendment was passed after the Civil War and has been used by the Supreme Court to apply fundamental Constitutional rights to the states through the "incorporation doctrine." This means that the Bill of Rights has been applied to the states, preventing them from passing laws that infringe on individual liberties. The amendment also includes the Equal Protection Clause, which has been used to strike down discriminatory laws at the state and local level.

Question 6

If a government rule applies differently to different persons, such as on the basis of age or sex, the equal protection clause of the 14th Amendment may be violated.

Accepted Answer

The Equal Protection Clause of the 14th Amendment requires that similarly situated individuals be treated similarly, and prohibits the government from applying laws differently on the basis of arbitrary classifications such as age or sex. Therefore, if a government rule applies differently to different persons on such a basis, it may be in violation of this clause.

Question 7

In Frensenius Medical Care Holdings v. Tucker, the appeals court held it did not violate equal protection to restrict physician ownership of certain medical facilities.

Accepted Answer

The sentence accurately reflects the ruling in Frensenius Medical Care Holdings v. Tucker. The appeals court found that the restriction on physician ownership was rationally related to the legitimate government interest of addressing potential conflicts of interest and improving patient health outcomes, and therefore did not violate equal protection.

Question 8

It was a violation of the equal protection clause of the Constitution for the state of Virginia to offer certain higher education benefits to men but not to women.

Accepted Answer

The equal protection clause of the Constitution prohibits discrimination on the basis of gender, among other things. Therefore, offering certain benefits to men but not to women would be a violation of this clause.

Question 9

Due process under the 14th Amendment may be violated when the state infringes on fundamental liberty interests that fail a test of compelling state interest.

Accepted Answer

This statement accurately reflects the principles of due process under the 14th Amendment, which requires that the government have a compelling interest when infringing on fundamental rights.

Question 10

It was a violation of the equal protection clause of the Constitution for states to have "Jim Crow" laws that served to discriminate against minorities.

Accepted Answer

The Supreme Court has ruled that segregation and discrimination based on race violates the equal protection clause of the 14th Amendment of the Constitution. Therefore, "Jim Crow" laws, which were state and local laws in the United States enacted between 1876 and 1965 that mandated racial segregation in public spaces, were unconstitutional.

Question 11

A person caught taking over $350,000, in cash, out of the country without reporting the fact to the government was required by the Supreme Court to forfeit the cash to the government; it was not an excessive fine in violation of the Eighth Amendment.

Accepted Answer

The answer of A person caught taking over $350,000, in...

Question 12

George Washington presided over a convention at which the U.S. Constitution was drafted in which city?

Accepted Answer

The U.S. Constitution was drafted during the Constitutional Convention held in Philadelphia in 1787, and George Washington presided over the convention.

Question 13

Due process under the 14th Amendment may be violated when state action either shocks the conscience or offends judicial notions of fairness and human dignity.

Accepted Answer

This is a correct statement regarding due process under the 14th Amendment. The Supreme Court has held that state action may violate due process if it shocks the conscience or offends principles of fundamental fairness and human dignity. This standard is used to evaluate a wide range of government actions, from criminal prosecutions to regulatory decisions.

Question 14

The Eighth Amendment concerns cruel and unusual punishment and excessive fines.

Accepted Answer

The Eighth Amendment of the United States Constitution prohibits the government from imposing excessive bail, excessive fines, or cruel and unusual punishments.

Question 15

In Frensenius Medical Care Holdings v. Tucker, the appeals court held it violated equal protection to restrict physician ownership of certain medical facilities because no rational bsis was shown for the rule.

Accepted Answer

In Fresenius Medical Care Holdings, Inc. v. Tucker, the case primarily focused on issues related to Medicare reimbursement and did not address the constitutionality of restrictions on physician ownership of medical facilities in terms of equal protection.

Question 16

If you are convicted of criminal drug-related activities in your home, your personal property may be confiscated by the government (with no just compensation payment) without violating the Constitution.

Accepted Answer

It is true that under the civil asset forfeiture laws, the government can seize property used in or obtained through criminal drug activity without providing just compensation. However, there are provisions for owners to challenge the seizure and prove their innocence.

Question 17

The equal protection clause is part of the Bill of Rights.

Accepted Answer

The Equal Protection Clause is actually a part of the 14th Amendment to the Constitution, not the Bill of Rights.

Question 18

If a government regulation applies differently to different persons, so long as it is applied "evenly" there is usually no violation of the due process clause of the 14th Amendment.

Accepted Answer

The due process clause of the 14th Amendment requires that laws be applied fairly and equally, and if a regulation applies differently to different persons without a legitimate reason, it may violate the equal protection component of the clause.

Question 19

The Sixth and Seventh Amendments provide for the right to jury trial in every kind of court case.

Accepted Answer

The Sixth Amendment provides the right to a jury trial in criminal prosecutions, while the Seventh Amendment provides for the right to a jury trial in certain civil cases, not in every kind of court case.

Question 20

The state of Virginia did not violate the equal protection clause of the Constitution by having an all male military academy because it offered alternative choices for women students.

Accepted Answer

This statement is incorrect. In the case of United States v. Virginia (1996), the Supreme Court ruled that Virginia's all-male military academy, the Virginia Military Institute, did indeed violate the equal protection clause of the Constitution. This was because the state did not offer any parallel program for women at the time, and simply suggesting that women could attend other schools without similar programs did not qualify as a sufficient alternative. The court required that Virginia either open VMI to women or create a comparable program for them.

Quiz 4: The Constitution: Focus on Application to Business