Question 1

The sex discrimination test is an example of the:

Accepted Answer

Sex discrimination receives an intermediate scrutiny means-ends test.

Question 2

The Supreme Court judicially created a means-ends test because:

Accepted Answer

Such tests have been developed by the Supreme Court because no constitutional right is absolute and courts have to strike a balance between individual rights and the social needs that may justify their suppression.

Question 3

Which of the following prevents the federal government from depriving "any person of life,liberty,or property,without due process of law"?

Accepted Answer

The Fifth Amendment prevents the federal government from depriving "any person of life,liberty,or property,without due process of law."

Question 4

Which of the following doctrines empowers courts to declare the actions of other government bodies unconstitutional?

Accepted Answer

Under the power of judicial review,courts can declare the actions of other government bodies unconstitutional;and how courts exercise this power depends on how they choose to read the Constitution.

Question 5

The ________ requirement ensures that most of the Constitution's individual rights provisions block only the actions of government bodies,and not private bodies,in cases of violation of rights.

Accepted Answer

Most of the Constitution's individual rights provisions block only the actions of government bodies,federal,state,and local.Private behavior that denies individual rights,while perhaps forbidden by statute,is very seldom a constitutional matter.This government action or state action requirement forces courts to distinguish between governmental behavior and private behavior.

Question 6

Which of the following augments the powers of Congress by permitting it to enact laws that are useful or conducive to the exercise of those enumerated powers?

Accepted Answer

Article I,Section 8 concludes with a provision granting Congress the further power to "make all laws which shall be necessary and proper for carrying into execution the foregoing powers ...." This actually augments the powers of Congress by permitting Congress to enact laws that are useful or conducive to the exercise of those enumerated powers.

Question 7

The ________ is a very relaxed means-ends test of constitutionality that challenged laws usually pass with ease.

Accepted Answer

The rational basis test is a very relaxed test of constitutionality that challenged laws usually pass with ease.A typical formulation of the rational basis test might say that government action need only have a reasonable relation to the achievement of a legitimate government purpose to be constitutional.

Question 8

"The challenged law must be necessary to the fulfillment of a compelling government purpose." This describes:

Accepted Answer

Governments may offer this justification for certain activities,which then makes those activities subject to a full strict scrutiny test.Government action that is subjected to this rigorous test of constitutionality is usually struck down.

Question 9

The U.S.Constitution provides distinct powers to Congress,the President,and the federal courts.This is the principle of:

Accepted Answer

According to the principle of separation of powers,the U.S.Constitution provides distinct powers to Congress,the President,and the federal courts.

Question 10

What was the original reason for granting Congress the power to regulate interstate commerce after the Revolution?

Accepted Answer

The original reason for giving Congress the power to regulate interstate commerce was to nationalize economic matters by blocking the protectionist state restrictions on interstate trade that were common after the Revolution.

Question 11

What is the main purpose of the taxing power?

Accepted Answer

The main purpose of the taxing power,explained in Article I,Section 8 of the Constitution,is to provide a means of raising revenue for the federal government.

Question 12

Which of the following is an important state legislative power that works concurrently with many congressional powers?

Accepted Answer

Police power is an important state legislative power that works concurrently with congressional powers to regulate for the public health,safety,morals,and welfare.

Question 13

Which of the following is true of the Commerce Clause in present times?

Accepted Answer

The Commerce Clause gives Congress the power to regulate activities that substantially affect interstate commerce.Due to several judicial decisions in this area,the Commerce Clause has become a federal power with an extensive regulatory reach.

Question 14

Enumerated powers are those powers that ________ can exercise.

Accepted Answer

The U.S.Constitution lists the powers that Congress can exercise;these are called enumerated powers.

Question 15

Both Congress and state legislatures can make laws within areas covered under their concurrent powers,unless Congress preempts state regulation under the:

Accepted Answer

In many other areas,Congress and state legislatures have concurrent powers,i.e. ,both can make law within those areas.However,Congress preempts state regulation under the Supremacy Clause.

Question 16

The ________ Amendment says that no state shall "deny to any person ...the equal protection of the laws."

Accepted Answer

The Fourteenth Amendment says that no state shall "deny to any person ...the equal protection of the laws." It guarantees the right of equal protection to all citizens.

Question 17

________ enumerates the principle of federal supremacy.

Accepted Answer

Article VI makes the Constitution,laws,and treaties of the United States supreme over state law.In other words,it enumerates the principle of federal supremacy.

Question 18

Congress has the power to regulate commerce among the states.Pursuant to this power,Congress passed legislation forbidding women from crossing state lines to buy or sell goods.Will the statute be held constitutional?

Accepted Answer

The equal protection guarantee serves as a check on the enumerated power given to Congress to regulate commerce among the states.

Question 19

Which of the following gives the President executive power?

Accepted Answer

Article II of the U.S.Constitution gives the President the executive power-the power to execute or enforce the laws passed by Congress.

Question 20

The Commerce Clause has become a federal power with an extensive regulatory reach.This is largely due to judicial decisions regulating:

Accepted Answer

The literal language of the Commerce Clause simply empowers Congress to regulate commerce that occurs among the states.However,due to judicial decisions regarding congressional action regulating activities that substantially affect interstate commerce,the Commerce Clause has become a federal power with an extensive regulatory reach.

Quiz 3: Business and the Constitution