Question 1

In the ________ case,the United States Supreme Court upheld a federal statute that grants federal funds for state highways to only those states in which 21 is the legal drinking age.

Accepted Answer

Article I,Section 8 of the United States Constitution grants the United States Congress spending power by authorizing it to "Pay the Debts and provide for the common Defense and general Welfare of the United States." As with its power to tax,the U.S.Congress can use its spending power to achieve social welfare objectives.For example,in South Dakota v.Dole,the U.S.Supreme Court upheld a federal statute that grants federal funds for state highways to only those states in which 21 is the legal drinking age.

Question 2

What was the result in the Christy Brzonkala v.Antonio J.Morrison et al.case referenced in the textbook,in which the defendants alleged the unconstitutionality of civil remedies available under the federal Violence against Women Act?

Accepted Answer

The United States Supreme Court affirmed the lower courts' decisions,holding that the U.S.Congress may not regulate noneconomic,violent criminal conduct solely based on that conduct's aggregate effect on interstate commerce.

Question 3

Which of the following is true regarding federal taxation?

Accepted Answer

Article I,Section 8,of the Constitution gives the federal government the "Power to lay and collect Taxes,Duties,Imports and Excises." The taxes laid by Congress,however,must be uniform across the states.Although tax collection allows the government to provide essential services,the government can also use taxes for other purposes.For example,to encourage the development of certain industries and discourage the development of others,the government can provide tax credits for firms entering favored industries.

Question 4

What constitutional power does the United States president use to overrule laws passed by the legislative branch of government (i.e.,the U.S.Congress)?

Accepted Answer

The United States president can use veto power to overrule laws passed by the legislative branch (i.e.,the U.S.Congress).

Question 5

Courts interpret the ________ Clause of the United States Constitution to mean that no law can be passed that will unreasonably interfere with existing contracts.

Accepted Answer

Article I,Section 10 of the United States Constitution contains the Contract Clause,which states that government may not pass any "Law impairing the Obligation of Contracts." In its application,courts interpret this clause to mean that no law can be passed that will unreasonably interfere with existing contracts.

Question 6

The United States Constitution establishes a system of government based on the principle of ________,according to which the authority to govern is divided between federal and state governments.

Accepted Answer

The United States Constitution establishes a system of government based on the principle of federalism,according to which the authority to govern is divided between federal and state governments.

Question 7

Which clause of the United States Constitution provides that the Constitution,laws,and treaties of the U.S.constitute the supreme law of the land?

Accepted Answer

The Supremacy Clause of the United States Constitution provides that the Constitution,laws,and treaties of the U.S.constitute the supreme law of the land,"any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."

Question 8

What system does the United States Constitution establish to keep the legislative branch from dominating the other branches of government?

Accepted Answer

The United States Constitution establishes a system of checks and balances to keep each branch's powers from dominating the other branches.

Question 9

What are the three independent branches of the federal government?

Accepted Answer

The first three articles of the United States Constitution establish three independent branches of the federal government: the legislative,executive,and judicial branches.The U.S.Constitution ensures that each branch maintains a separate sphere of power to prevent any one branch from obtaining undue power and monopolizing control of government.

Question 10

Which of the following is an example of the state's exercise of its police power?

Accepted Answer

Police power consists of the residual powers retained by each state to safeguard the health and welfare of its citizenry.Typical exercises of a state's police power include state criminal laws,building codes,zoning laws,sanitation standards for restaurants,and regulations for the practice of medicine.

Question 11

Sometimes when the state and federal governments have concurrent authority,the federal government can decide to regulate that area exclusively.In such a situation,according to the doctrine of ________,the state law is unconstitutional.

Accepted Answer

Sometimes when the state and federal governments have concurrent authority,the federal government can decide to regulate that area exclusively.In such a situation,according to the doctrine of federal preemption,the state law is unconstitutional.
To determine whether the United States Congress intended to provide exclusive regulation,courts look to the language of the statute and transcripts of congressional hearings.

Question 12

Which of the following references the clause of the United States Constitution that provides "Full Faith and Credit shall be given in each State to the public Acts,Records,and judicial Proceedings of every other State"?

Accepted Answer

Article IV,Section 1 of the United States Constitution contains the Full Faith and Credit Clause,which states that "Full Faith and Credit shall be given in each State to the public Acts,Records,and judicial Proceedings of every other State." This provision requires courts in all states to uphold contracts and public acts established in other states.

Question 13

Why must federal legislation that affects business be based on an expressed constitutional grant of authority?

Accepted Answer

Because the federal government has only those powers granted to it by the United States Constitution,federal legislation that affects business must be based on an expressed constitutional grant of authority.

Question 14

Which of the following was the result in the Black Star Farms,LLC et al.v.Jerry Olive,Arizona Department of Liquor License and Control et al.case referenced in the textbook,in which it was alleged that an Arizona law limiting direct sales of wine by producers was unconstitutional on the basis that it discriminated against out-of-state wineries?

Accepted Answer

The United States Court of Appeals for the Ninth Circuit concluded that Arizona's statutory exceptions to its three-tier distribution system,which treated similarly situated in-state and out-of-state wineries the same and imposed no new impermissible burdens on out-of-state wineries,did not have the practical effect of favoring in-state economic interests over out-of-state interests.

Question 15

Who wrote the opinion for the landmark 1803 United States Supreme Court case Marbury v.Madison?

Accepted Answer

Chief Justice John Marshall wrote the opinion for the landmark 1803 United States Supreme Court case Marbury v.Madison.

Question 16

Which of the following is true regarding the Privileges and Immunities Clause of the United States Constitution?

Accepted Answer

The Privileges and Immunities Clause of the United States Constitution prohibits states from discriminating against citizens of other states when those nonresidents engage in ordinary and essential activities.States can,however,allow state universities to charge higher tuition to out-of-state students because residents pay taxes that fund state universities,while out-of-state students do not.

Question 17

Which amendment to the United States Constitution provides that all powers that the Constitution neither gives exclusively to the federal government nor takes from the states are reserved for the states?

Accepted Answer

According to the Tenth Amendment to the United States Constitution,all powers that the Constitution neither gives exclusively to the federal government nor takes from the states are reserved for the states.

Question 18

The Supremacy Clause is located in Article ________ of the United States Constitution.

Accepted Answer

The Supremacy Clause of the United States Constitution,located in Article VI,provides that the Constitution,laws,and treaties of the United States constitute the supreme law of the land,"any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."

Question 19

The common law process of ________ allows courts to review legislative and executive actions to determine whether they are constitutional.

Accepted Answer

Although the United States Constitution does not explicitly allow courts to review legislative and executive actions to determine whether they are constitutional,early common law (particularly the landmark 1803 U.S.Supreme Court case Marbury v.Madison)established this process,known as judicial review.

Question 20

The United States Constitution establishes ________ branches of government.

Accepted Answer

In addition to allocating authority between state and federal governments,the United States Constitution allocates the power of the federal government among the three branches of government.

Quiz 5: Constitutional Law