Question 1

The __________ Amendment restricts both the severity and the types of punishments that may be imposed by federal and state governments.

Accepted Answer

The Eighth Amendment to the United States Constitution prohibits excessive bail and fines, as well as cruel and unusual punishment. This amendment is interpreted to restrict both the severity and the types of punishment that may be imposed by federal and state governments.

Question 2

Identify and describe the process of deciding if a law is contrary to the Constitution.

Accepted Answer

The answer of Identify and describe the process of deciding...

Question 3

The following are clauses of the Constitution that have a specific impact on businesses EXCEPT:

Accepted Answer

The Competitive Clause does not exist in the Constitution. The other three clauses listed do have a specific impact on businesses:

A) Commerce Clause: gives Congress the power to regulate commerce between states and with foreign nations, which can affect how businesses operate and compete in the marketplace.
B) Full Faith and Credit Clause: requires states to recognize and enforce legal judgments and contracts from other states, which can impact the way businesses conduct transactions across state lines.
C) Supremacy Clause: establishes that federal law is the supreme law of the land, which can impact how businesses comply with federal regulations and laws.

Question 4

Freedom of speech is covered under which Amendment?

Accepted Answer

The First Amendment to the United States Constitution protects the freedom of speech, among other fundamental rights. It states, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." This freedom is essential to a democratic society and has been upheld by courts in various cases.

Question 5

The supremacy clause is a provision of the United States Constitution that_____.

Accepted Answer

The supremacy clause establishes that the Constitution and federal laws take precedence over state laws in the event of a conflict, and requires state judges to follow federal law. Option A refers to the Commerce Clause, Option B refers to the Full Faith and Credit Clause, and Option D refers to the Equal Protection Clause.

Question 6

Describe the doctrine of preemption.

Accepted Answer

The answer of Describe the doctrine of preemption....

Question 7

Each constitutional amendment must be proposed by a:

Accepted Answer

According to Article V of the US Constitution, an amendment must be proposed either by the Congress with a two-thirds majority vote in both the House of Representatives and the Senate or by a convention called for by two-thirds of the state legislatures. Once proposed, the amendment must then be ratified by three-fourths of the states (either through their legislatures or through conventions).

Question 8

The ______________ Amendment granted the federal government the power to impose and collect a tax on individuals' incomes.

Accepted Answer

The Sixteenth Amendment was ratified in 1913 and granted the federal government the power to impose and collect a tax on individuals' incomes. The Fourth Amendment protects against unreasonable searches and seizures, the Eighth Amendment prohibits cruel and unusual punishment, and the Fourteenth Amendment addresses citizenship and equal protection under the law.

Question 9

If a law places restrictions on economic or property interests, or if the law discriminates on a basis other than race, sex, national origin, and related categories, the state must show that the law passes the ____________test.

Accepted Answer

The rational basis test is the correct answer because it is the standard of review that courts use to evaluate laws that affect economic or property interests or that discriminate on bases other than race, sex, national origin, and similar categories. Under this test, the law is presumed to be valid as long as it is rationally related to a legitimate government interest.

Question 10

Under the Fourteenth Amendment, if a law discriminates on the basis of sex, or if the law restricts commercial speech, the state must demonstrate that the law passes the ____________ test.

Accepted Answer

The intermediate scrutiny test is applied in cases of discrimination based on sex or gender, as well as for restrictions on commercial speech. This standard requires the law to further an important government interest in a way that is substantially related to that interest.

Question 11

The Fourth Amendment ___________________.

Accepted Answer

The Fourth Amendment of the United States Constitution states that "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." Therefore, it requires police officers and other government officials to have probable cause to be able to conduct a personal or property search.

Question 12

The Constitution is divided and subdivided in all of the following EXCEPT:

Accepted Answer

The Constitution is divided into articles, sections, and clauses, but not papers.

Question 13

Provide examples of searches and seizures considered to be unreasonable under the Fourth Amendment.

Accepted Answer

The answer of Provide examples of searches and seizures considered...

Question 14

The Fifth Amendment requires that all persons be granted procedural and _____________ due process:

Accepted Answer

The term "substantive" means that the due process must ensure that the outcome of a legal proceeding is fair and just. This contrasts with "procedural" due process, which refers to the fairness of the procedures used in a legal proceeding. Therefore, the best choice is B, substantive due process.

Question 15

What power does the Sixteenth Amendment grant the federal government and what agency was created by Congress to aid the federal government in administering these powers?

Accepted Answer

The answer of What power does the Sixteenth Amendment grant...

Question 16

Discuss the Free Speech part of the First Amendment and what types of speeches may be limited or silenced.

Accepted Answer

The answer of Discuss the Free Speech part of the...

Question 17

The right to bear arms is protected under the ________________Amendment:

Accepted Answer

The Second Amendment of the United States Constitution protects the right of the people to keep and bear arms.

Question 18

The Eighth Amendment provides for all of the following EXCEPT:

Accepted Answer

The Eighth Amendment prohibits the use of cruel and unusual punishment, and therefore does not allow for barbarous punishment. A, B, and D are all protections provided by the Eighth Amendment.

Question 19

All the following speeches may be limited or silenced under the First Amendment EXCEPT:

Accepted Answer

The First Amendment protects political and religious speech, as well as most other forms of speech. The only exceptions include speech that incites imminent danger, child pornography, and speech that is defamatory (unless it is about a public figure and can be proven to be true).

Question 20

The ___________________ is a federal agency established by Congress and tasked with administering and collecting federal income tax:

Accepted Answer

The IRS (Internal Revenue Service) is the federal agency responsible for administering and collecting federal income tax. The FDA (Food and Drug Administration) is responsible for ensuring the safety and efficacy of food, drugs, and medical devices. The FDIC (Federal Deposit Insurance Corporation) protects depositors and maintains stability in the banking system. The SEC (Securities and Exchange Commission) regulates the securities markets and protects investors.

Quiz 5: Constitutional Law