Deck 5: Constitutional Law and the Bill of Rights

Question 1

According to the First Amendment,government may neither encourage nor discourage the practice of religion generally,nor may it give preference to one religion over another.

Answer 1

True
Explanation: The First Amendment forbids (1) the establishment of an official state religion (the Establishment Clause) and (2) undue state interference with religious practice (the Free Exercise Clause).Government may neither encourage nor discourage the practice of religion generally,nor may it give preference to one religion over another.

Question 2

Article III establishes the court system.

Answer 2

True
Explanation: Article I creates Congress,Article II sets up the executive branch,headed by the president, and Article III establishes the court system.

Question 3

Regulatory takings normally do not require government compensation.

Answer 3

True
Explanation: Regulatory takings,whether temporary or permanent,normally do not require government compensation because doing so would severely impair the state's ability to govern in an orderly manner.Nonetheless,in recent years the courts have been more aggressive about requiring just compensation for some regulatory takings.
Multiple Choice Questions

Question 4

The 10th Amendment provides that all power not expressly accorded to the federal government in the Constitution resides in the states or the people.

Question 5

Freedom of religion is the primary guarantor of the American approach to life.

Question 6

The Supreme Court among other responsibilities,executes laws,makes treaties,and commands the armed forces.

Question 7

Articles IV and VI,as well as the 14th Amendment,address the relationship between the federal government and the states.

Question 8

Freedom of speech is absolute.

Question 9

Article I provides in Clause 3 for the supremacy of federal law over state law.

Question 10

A police officer may not secure drugs that have been abandoned or that are in plain view if a warrant has not been obtained.

Question 11

A search warrant issued by a judge is necessary to comply with the Constitution in making a narcotics search.

Question 12

The Fourth Amendment prohibits all warrantless searches.

Question 13

The defense of the First Amendment is available to government employees who speak out "pursuant to their official duties."

Question 14

Congressional authority is formally limited to certain enumerated powers.

Question 15

The Supreme Court has the power to veto acts of Congress.

Question 16

The Constitution protects citizens from purely private concentrations of power,such as large corporations.

Question 17

Which of the following statements is true of Article I of the United States Constitution?

A)It establishes the court system.
B)It creates Congress and enumerates its powers.
C)It sets up the executive branch,headed by the president.
D)It addresses the relationship between the federal government and the states.

Question 18

Commercial speech receives greater protection under the Constitution than political speech.

Question 19

The Constitution divides governmental power between the federal and state governments.

Question 20

The Due Process Clause of the 14th Amendment incorporates the personal freedoms guaranteed by the Bill of Rights and protects them against intrusion by state governments.

Question 21

Which of the following is true of the Preamble?

A)It sets up the executive branch,which is headed by the president,and also establishes the court system.
B)It addresses the relationship between the federal government and the states.
C)It identifies certain goals for our society,such as unity,justice,domestic tranquility,and liberty.
D)It provides for the supremacy of federal law over state law.

Question 22

Which of the following statements about the Fifth Amendment is true?

A)It guarantees individual Americans a fundamental right to bear arms.
B)It forbids the establishment of an official state religion and undue state interference with religious practice.
C)It prohibits the taking of private property for public use without just compensation for the owner.
D)It provides the right for people to be secure in their houses against unreasonable searches and seizures shall not be violated.

Question 23

Which of the following is true of the Warrant Clause of the Fourth Amendment?

A)It protects commercial buildings as well as private homes from unauthorized searches.
B)It prohibits the taking of private property for public use without "just compensation" for the owner.
C)It protects the right of the people to keep and bear arms.
D)It forbids the government to deprive citizens of life,liberty,or property without due process of law.

Question 24

Which of the following is a criticism of the historic 1803 Marbury v.Madison decision?

A)The federal and state judicial decisions finding "constitutional right" to abortion or same-sex marriage have reduced the authority of directly elected legislators and placed too much power in the hands of jurists who are removed from the weight of public opinion.
B)The federal departments of Justice and Education issued a "blueprint" for colleges nationwide that redefines sexual harassment to include "unwelcome conduct of sexual nature."
C)The federal blueprint and campus speech codes designed to maintain safe,civil learning environments that embrace diverse cultures act as restraints and are unconstitutional,and they amount to a demand for politically correct speech.
D)Constitutional similarities between other nations and the United States have plunged while emulation of the Canadian constitution,in particular,has soared.

Question 25

Which of the following is true of the First Amendment?

A)It forbids the government to deprive citizens of life,liberty,or property without due process of law.
B)It prohibits the taking of private property for public use without just compensation for the owner.
C)It forbids the establishment of an official state religion and undue state interference with religious practice.
D)It provides the right of the people to be secure in their houses against unreasonable searches and seizures shall not be violated.

Question 26

In the context of federalism,which of the following is a view held by liberals?

A)They hold that federal government has often exercised authority beyond its express constitutional powers.
B)They hold that each state is entitled to make its own policy decisions about crucial matters such as slavery.
C)They distrust big government and favor bringing power closer to the people.
D)They favor a more unified national approach to issues such as regulation of business,educational policy,medical care,and civil rights.

Question 27

Addressing two long-standing sources of constitutional ferment,three-judge panels of the Ninth U.S.Circuit Court of Appeals in 2010 ruled that the use of the words "Under God" in the Pledge of Allegiance and "In God We Trust" on U.S.currency do not violate the separation of church and state principles of the _____.

A)First Amendment
B)Second Amendment
C)Fourth Amendment
D)Eighth Amendment

Question 28

Which of the following provides for amendments to the Constitution?

A)Article III
B)Article IV
C)Article V
D)Article VI

Question 29

_____ is a tool frequently used by courts,where the judges must try to weigh the interest of the states against the expressive rights of the individual.

A)The balancing test
B)The exclusionary rule
C)Ad quod damnum
D)Erga omnes

Question 30

The _____ provides 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.

A)Fourth Amendment
B)Fifth Amendment
C)First Amendment
D)Second Amendment

Question 31

In the context of federalism,which of the following views is held by conservative Americans?

A)They hold that federal government has often exercised authority beyond its express constitutional powers.
B)They trust big government and favor bringing power closer to the people.
C)They favor a strong central government and believe that constitutional divide over federalism is a challenge that exists even today.
D)They favor a more unified national approach to issues such as regulation of business,educational policy,medical care,and civil rights.

Question 32

Which of the following is true of panhandling?

A)Begging for money on the street does not constitute expression.
B)The context of panhandling does not affect its constitutionality.
C)The content of begging is not restricted.
D)Courts do not permit restraints on aggressive panhandling.

Question 33

The _____ provides that,as a matter of due process,no evidence secured in violation of the Fourth Amendment may be admitted as evidence in a court of law.

A)mailbox rule
B)contract bar rule
C)choice of law rule
D)exclusionary rule

Question 34

Which of the following is true of the Bill of Rights?

A)It consists of 17 amendments (11 through 27),which were adopted at various times from 1798 to 1992.
B)The Bill of Rights serves to enhance the powers of the federal government and the states.
C)The Bill of Rights protects our personal freedoms from encroachment by the federal government.
D)It is a commercial document reflecting the economic interests of framers.

Question 35

In the context of federalism,which of the following views was held by the Southerners?

A)They held that the federal government had often exercised authority beyond its express constitutional powers.
B)They held that each state was entitled to make its own policy decisions about crucial matters such as slavery.
C)They distrusted big government and favored that power be brought closer to the people.
D)They favored a more unified national approach to issues such as regulation of business,educational policy,medical care,and civil rights.

Question 36

Which of the following sets up the executive branch,headed by the president?

A)Article III
B)Article IV
C)Article I
D)Article II

Question 37

Which of the following statements about the Constitution is true?

A)The Constitution prohibits Congress from regulating commerce.
B)The Constitution's protections are not applicable for corporations.
C)The Constitution protects the citizens from public and private concentrations of power.
D)The Constitution was formed with an intent to protect the citizenry from the government.

Question 38

Which of the following statements is true of Article I,Section 8,Clause 3 of the Constitution?

A)It gives Congress the power to regulate commerce.
B)It sets up the executive branch,headed by the president.
C)It addresses the relationship between the federal government and the states.
D)It provides for the supremacy of federal law over state law.

Question 39

Which of the following statements about freedom of speech is true?

A)Freedom of speech is absolute.
B)Freedom of speech is protected under the Second Amendment.
C)The state can regulate the context of speech.
D)The state can regulate the content of our speech.

Question 40

Which of the following refers to federalism?

A)The Constitution's provision for shared power among national,state,and local governments
B)The principle that federal laws are supreme if a conflict between a federal and state law arises.
C)The principle that the government cannot take private property without paying just compensation
D)The provision for the protection of personal freedoms of speech and religion from encroachment by the government

Question 41

By judicial interpretation,the 14th Amendment Due Process Clause:

A)prohibits the taking of private property for public use without "just compensation" for the owner.
B)gives Congress the power to regulate commerce.
C)absorbs the fundamental liberties of the federal Constitution and prohibits state laws that abridge fundamental liberties.
D)forbids the establishment of an official state religion and undue state interference with religious practice.

Question 42

Briefly explain the role of the Equal Protection Clause.

Question 43

If a governmental body takes all of the economic value of a property or permanently physically invades the property,the taking requires just compensation unless the government is preventing a nuisance,or the regulation was permissible under property law at the time of the purchase of the property.This type of regulatory taking is referred to as _____.

A)mitigation
B)partial taking
C)total taking
D)exaction

Question 44

Describe the exclusionary rule,its purpose,and the major criticism of its usage.

Question 45

What are the issues arising under the IV Amendment "search and seizure" rules?

Question 46

A situation where the government allows land development only if the owner dedicates some property interest is called a(n) _____.

A)exaction
B)accommodation
C)total taking
D)partial taking

Question 47

Discuss the differences between substantive due process and procedural due process.

Question 48

Give a brief account of the creation of the Constitution of the United States.

Question 49

Explain the purposes of the U.S.Constitution.

Question 50

In the context of animal cruelty,explain with an example why the law was limited to obscene crush videos?

Question 51

A regulatory taking where the government allows land development only if the owner dedicates some money to the government is called a _____.

A)total taking
B)ramification
C)partial taking
D)mitigation

Question 52

Which of the following is true regarding the Due Process Clauses?

A)They give Congress the power to regulate commerce.
B)The Due Process Clause of the 14th Amendment applies to the states.
C)They provide for the supremacy of federal law over state law.
D)The Due Process Clause of the Fifth Amendment sets up the executive branch,headed by the president.

Question 53

Explain in detail the three broad classes of regulatory takings.

Question 54

Which of the following means that the government must provide notice and a fair hearing before taking an action affecting a citizen's life,liberty,or property?

A)The Supremacy Clause
B)Regulatory taking
C)The exclusionary rule
D)Procedural due process

Question 55

Which of the following classes of regulatory takings involves situations where government may take a portion of a piece of property in order to expand roads,install a bike path,or establish a buffer zone?

A)Partial takings
B)Exactions
C)Total takings
D)Mitigations