Question 1

California passes a law restricting entrance to the state university to those potential students with IQ scores over 110.A group of state citizens challenge the law.Describe the standard a court would apply in reviewing the law and the likely outcome of the case.

Accepted Answer

The answer of California passes a law restricting entrance to...

Question 2

In United States v.Windsor (2013),the U.S.Supreme Court addressed the question of

Accepted Answer

The U.S. Supreme Court addressed the constitutionality of a federal statute denying federal benefits to same-sex couples who were married in states where same-sex marriage is legal in United States v. Windsor (2013).

Question 3

Even when Congress has taken no action in regard to a matter,the ______ Commerce Clause may impose restrictions on state action.

Accepted Answer

The dormant or negative Commerce Clause is a constitutional doctrine that restricts states from passing laws that unduly burden or discriminate against interstate commerce, even when Congress has not taken any action on the matter. Therefore, option A is the correct answer. Option B, C, and D are incorrect as they refer to clauses that do not impose restrictions on state action in the absence of congressional action.

Question 4

Preemption of state law when it directly conflicts with federal law is known as _____ preemption,whereas preemption of state law when Congress has manifested intent to regulate an entire area without state participation is known as _____ preemption.

Accepted Answer

This is because "express preemption" refers to a situation where federal law explicitly states that it is intended to preempt state law, while "field preemption" (also known as "implied preemption") refers to a situation where Congress has regulated an entire field and it is clear that state law is preempted in that area.

Question 5

The president has the power to make treaties with the advice and consent of:

Accepted Answer

According to the Constitution, the president has the power to make treaties with the advice and consent of the Senate. The House of Representatives does not have a role in the treaty-making process.

Question 6

When equal protection is concerned,classifications based on gender are subject to the _____ test.

Accepted Answer

Classifications based on gender are subject to the intermediate scrutiny test, which requires that laws or policies be substantially related to an important government objective. This is a higher standard than rational basis review but less stringent than strict scrutiny.

Question 7

Congress can override a president's veto by a _____ vote of both the House of Representatives and the Senate.

Accepted Answer

According to the U.S. Constitution, Congress can override a president's veto by a two-thirds vote of both the House of Representatives and the Senate.

Question 8

Under the Seventh Amendment,in a suit at common law,__________.

Accepted Answer

The Seventh Amendment states that in suits at common law, where the value in controversy exceeds twenty dollars, the right of trial by jury shall be preserved. This means that legal rights are to be ascertained and monetary damages can be awarded by a jury in such cases. The other choices are incorrect as they do not align with the provisions of the Seventh Amendment.

Question 9

The _____ Amendment provides that no state shall "deprive any person of life,liberty,or property,without due process of law."

Accepted Answer

The Fourteenth Amendment to the United States Constitution is the correct answer as it provides that no state shall "deprive any person of life, liberty, or property, without due process of law." This amendment was adopted in 1868 and has been instrumental in protecting various individual rights.

Question 10

To make way for a new freeway around the city,the state and federal governments purchased private lands at a fair price because of their right to _____ under the _____Amendment.

Accepted Answer

The correct answer is eminent domain under the Fifth Amendment. The Fifth Amendment to the U.S. Constitution allows the government to take private property for public use, provided the owner is given "just compensation." This power is known as eminent domain.

Question 11

In an effort to promote family time,Tennessee passes a law prohibiting the advertisement in the state of movies rated "restricted." The law is challenged by a coalition of state newspapers on the basis that it violates the First Amendment of the U.S.Constitution.Present the test the court should apply in order to determine whether the law is constitutional and how the court would likely rule.

Accepted Answer

The answer of In an effort to promote family time,Tennessee...

Question 12

Within the ruling of _____,which found that Connecticut's law against preventing conception was unconstitutional,the Supreme Court discussed the "penumbra" of rights surrounding each guarantee in the Bill of Rights.

Accepted Answer

The ruling of Griswold v. Connecticut is known for establishing the right to privacy, and the Supreme Court discussed the concept of "penumbra" of rights surrounding the guarantees in the Bill of Rights in this case. Therefore, B is the correct answer. A, C, and D are not relevant to the discussion of the "penumbra" of rights.

Question 13

The Tiny Motel is located in Montana.It is not readily accessible from any major highway.Few if any of their guests are from out of state.The motel has filed suit in federal court to be exempt from the antidiscrimination provisions of the Civil Rights Act of 1964.What are the arguments for and against exemption?

Accepted Answer

The answer of The Tiny Motel is located in Montana.It...

Question 14

Maine has passed legislation to limit the amount of out-of-state widgets sold in the state.You are asked by an out-of-state manufacturer to file a complaint in federal court to fight the law.What is your best argument?

Accepted Answer

The answer of Maine has passed legislation to limit the...

Question 15

The division of power among the executive,legislative and judicial branches of government is typically referred to as

Accepted Answer

The separation of powers refers to the distribution of political authority among the three branches of government. This division of power is intended to prevent any one branch from accumulating too much power and becoming a threat to individual liberty. The executive branch is responsible for enforcing the laws, the legislative branch is responsible for making laws, and the judicial branch is responsible for interpreting the laws. This system of checks and balances helps to ensure that each branch remains accountable to the Constitution and to the people.

Question 16

The general power retained by the states to protect the health,safety,welfare,and morals of state residents is often referred to as ____ power.

Accepted Answer

The general power retained by the states to protect the health, safety, welfare, and morals of state residents is known as police power. This power enables the state to regulate various aspects of life, including public health, safety, and morals. The police power is derived from the Tenth Amendment to the Constitution, which reserves powers not given to the federal government to the states.

Question 17

Because of the __________ provision of the U.S.Constitution,a person cannot be tried twice for the same crime.

Accepted Answer

The double jeopardy provision of the U.S. Constitution, found in the Fifth Amendment, states that no person can be tried twice for the same crime. The ex post facto provision prohibits laws that retroactively criminalize past conduct, while the bill of attainder provision prohibits legislative acts that single out individuals for punishment without trial. The privileges and immunities provision guarantees certain rights to citizens of each state when traveling or residing in other states.

Question 18

In deciding the case,Citizens United v.Federal Election Commission,in which the constitutionality of the federal law providing that televised electioneering communications funded by anyone other than a candidate must include a disclaimer setting forth identifying information as to sponsorship,the Supreme Court ruled that:

Accepted Answer

The Supreme Court ruled that the federal law requiring a disclaimer for televised electioneering communications funded by anyone other than a candidate was constitutional, meaning that option D is the correct answer. The Court held specifically that corporations and unions had the right to spend unlimited amounts of money on political campaigns and that the government could not restrict this spending, as it would constitute a violation of the First Amendment. Therefore the disclaimer requirement could not be upheld.

Question 19

In the case Junger v.Daley,a professor challenged regulations involving the posting to a website of human readable source code of an encryption software program.The court held that:

Accepted Answer

The answer of In the case Junger v.Daley,a professor challenged...

Question 20

Colorado is planning a new superhighway.The traffic in Colorado does not require any new roads.However,the state wishes to be the first in the U.S.to have a wild animal park running down the center of its highway.This feature will require 40 percent more land than ordinary superhighways.Claiming the power of eminent domain,Colorado has attempted to take Green's house.Green has filed suit to prevent this.How will the court decide this case and why?

Accepted Answer

The answer of Colorado is planning a new superhighway.The traffic...

Quiz 4: Constitutional Bases For Business Regulation