Question 1

The Children's Internet Protection Act requires public schools and libraries to use filtering software to block children's access to adult contact on Web sites.

Accepted Answer

The Children's Internet Protection Act requires public schools and libraries to use filtering software to block children's access to adult content on Web sites.

Question 2

The First Amendment requires a complete separation of church and state.

Accepted Answer

The First Amendment does not require a complete separation of church and state, but rather prohibits the government from establishing a state religion and protects the individual's right to freely practice their religion. The term "separation of church and state" comes from a letter written by Thomas Jefferson and is not explicitly stated in the Constitution or the First Amendment.

Question 3

A law that limits only some persons' exercise of a fundamental right is valid under any circumstances.

Accepted Answer

The Constitution protects fundamental rights for all persons and any law that restricts these rights must meet strict scrutiny and be narrowly tailored to achieve a compelling government interest. Therefore, any law that limits only some persons' exercise of a fundamental right would likely not meet this standard and would be invalid.

Question 4

A law that has any impact on religion is unconstitutional.

Accepted Answer

While the First Amendment of the US Constitution prohibits the establishment of a state religion and ensures the free exercise of religion, laws that have an impact on religion may still be constitutional as long as they do not unduly burden or discriminate against a particular religious belief or practice. The Supreme Court has established a framework for analyzing such cases under the Free Exercise Clause and the Establishment Clause of the First Amendment.

Question 5

Procedural due process requires that any government decision to take a person's property must be made fairly.

Accepted Answer

Procedural due process is a constitutional principle that mandates fair governmental procedures before taking a person's life, liberty, or property. Therefore, any decision made by the government to take a person's property must be made fairly by providing adequate notice, an opportunity to be heard, and a neutral decision-maker.

Question 6

The First Amendment protects defamatory speech.

Accepted Answer

The First Amendment does protect freedom of speech, but it does not protect defamatory speech. Defamatory speech is considered unprotected speech and can lead to legal consequences.

Question 7

A law that limits the liberty of all persons may violate substantive due process.

Accepted Answer

Substantive due process protects the fundamental rights of all persons and requires that any law or government action that limits those rights be narrowly tailored to meet a compelling government interest. Therefore, a law that limits the liberty of all persons may violate substantive due process.

Question 8

The terms "due process" and "equal protection" mean the same thing.

Accepted Answer

Due process and equal protection are two separate and distinct concepts in the United States Constitution. Due process refers to the constitutional requirement that the government must follow fair procedures before depriving a person of life, liberty, or property. Equal protection, on the other hand, requires the government to treat all people equally and not to discriminate against any individual or group without a compelling reason.

Question 9

Substantive due process focuses on the substance of legislation.

Accepted Answer

Substantive due process examines the merits of legislation and whether it adheres to constitutional principles, as opposed to procedural due process, which focuses on the fairness of the legal process.

Question 10

Because the Constitution does not specifically a right to privacy, this right is denied to people.

Accepted Answer

The Supreme Court has recognized the right to privacy as one that is implied by various provisions in the Constitution, such as the Fourth Amendment's protection against unreasonable searches and seizures and the First Amendment's protection of free speech and association. Therefore, the right to privacy is not denied to people simply because it is not specifically spelled out in the Constitution.

Question 11

The establishment clause of the U.S.Constitution prohibits the federal government from establishing a state-sponsored religion.

Accepted Answer

The establishment clause of the U.S. Constitution specifically states, "Congress shall make no law respecting an establishment of religion." This clause has been interpreted to mean that the federal government cannot establish or promote a specific religion and must remain neutral towards all religions.

Question 12

The Fourteenth Amendment guarantees a right to due process of law.

Accepted Answer

The Fourteenth Amendment to the United States Constitution explicitly states that no state shall "deprive any person of life, liberty, or property, without due process of law."

Question 13

A law that restricts people of a certain national origin from doing something will be carefully examined to make sure it promotes a compelling government interest before it is allowed to stand.

Accepted Answer

This statement accurately reflects the judicial standard of strict scrutiny applied to laws that discriminate on the basis of national origin. The law must serve a compelling government interest and be narrowly tailored to achieve that interest in order to survive court challenges.

Question 14

Savers Mart, Inc., distributes its merchandise to retail outlets on an interstate basis.Under the commerce clause, Congress has the power to regulate

Accepted Answer

The commerce clause grants Congress the power to regulate any commercial activity that affects interstate commerce, which includes Savers Mart, Inc.'s distribution of merchandise across state lines.

Question 15

The First Amendment protects corporate political speech.

Accepted Answer

The Supreme Court has held that the First Amendment protects the right of corporations to engage in political speech, including spending money from their corporate treasuries to support or oppose political candidates. This was established in the landmark case Citizens United v. Federal Election Commission.

Question 16

The Financial Institutions Association would like a certain law enacted, administered, interpreted, and enforced in the best interest of its members, which include banks.Under the Constitution, Congress

Accepted Answer

Under the Constitution, Congress has the power to make laws. The Financial Institutions Association would need to lobby Congress to get the law they want enacted. Once enacted, the law would be administered, interpreted, and enforced by the executive branch (the president and federal agencies).

Question 17

Antonin, a federal judge, retires.The vacant position will be filled by a judge

Accepted Answer

Federal judges are appointed by the President of the United States with the advice and consent of the Senate. Therefore, a vacant position left by a retiring judge would also be filled by a judge appointed by the President.

Question 18

The Constitution sets out the authority and the limits of the branches of the government.The term checks and balances means that

Accepted Answer

The concept of checks and balances means that each branch has the power to limit the actions of the others. This ensures that no branch becomes too powerful and that there is an equal distribution of power among the branches of government. This helps prevent tyranny and fosters a system of cooperation and compromise.

Question 19

Individuals have a right to obtain access to information about them collected in government files.

Accepted Answer

This right is established under various privacy laws, such as the Freedom of Information Act and the Privacy Act. It allows individuals to request and receive copies of their personal information held by government agencies.

Question 20

The commerce clause of the U.S.Constitution is found in

Accepted Answer

The commerce clause is found in Article I, Section 8 of the U.S. Constitution. This clause gives Congress the power to regulate commerce between states, with foreign nations, and with Indian tribes.

Quiz 5: Constitutional Authority to Regulate Business