LAW 3800 Chapter 4 SB

Which of the following is not a recognizable test to determine whether a particular government statute violates the establishment clause of the first amendment to the US constitution?

does a majority of the US population favor a particular religion?

Which of the following is not a pertinent question to ask when applying the Central Hudson test for commercial speech?

does the speech advance that cause of capitalism and free-market economics? does the regulation violate the tenth amendment to the US constitution?

The US Constitution establishes a system of government based on the principle of ___

federalism

The ___ Amendment to the US Constitution prohibits government from conducting unreasonable searches of individuals and seizing their property to use ass evidence against them.

fourth

Which of the following rights is protected by the 1st Amendment to the US Constitution?

freedom of the press

The dormant commerce clause is a restriction on states' authority that is ___ of the US Constitution.

implied in the commerce clause

Pursuant to the equal clause of the Fourteenth amendment to the US Constitution, if a law's classification scheme is based on gender or on the legitimacy of children, courts use ___.

intermediate scrutiny

Police power consists of all except which of the following?

international trade agreements

___ is the power of a court to review legislative and executive actions to determine whether they are cocnsitutional.

judicial review

According to the ___ exception to the search warrant requirement, courts have ruled that warrantless searches authorized by the Federal Mine Safety and Health Act are legal because of the federal regulatory presence is comprehensive and well defined.

pervasive-regulation

___ power consists of the residual powers retained by each state to safeguard the health and welfare of its citizenry.

police

Corporations engage in ___ speech when they support a particular candidate or referenda.

political

When the state and federal governments have concurrent authority but the federal government decides to regulate the area exclusively, the state law is unconstitutional according to the doctrine of federal ___

preemption

The ___ of the US Constitution prohibits states from discriminating against citizens of other states when those nonresidents engage in ordinary and essential activities.

privileges and immunities clause

Government officials can obtain search warrants only if they can show ___ to believe that the search will uncover specific evidence of criminal activity.

probable cause

One of the types of due process guaranteed by the due process clause in the ___ ___ ___, which requires the government to use fair procedures before depriving a person of his or her life, liberty, or property.

procedural due process

To show that a law that does not affect fundamental rights satisfies the substantive due process requirement, the government must prove that the law bears a ___ to a legitimate state interest.

rational relationship

To determine whether a classification violates the equal protection clause of the fourteenth amendment to the U.S. constitution, the lowest standard of review is known as the ___ test.

rational-basis

Pursuant to the equal protection clause of the Fourteenth Amendment to the US Constitution, if a law prevents individuals from exercising a fundamental right, the action will be subject to ___

strict scrutiny

According to the intermediate scrutiny standard, a law is constitutional only if it is ___ related to any important government objective.

substantially

To satisfy the ___ due process requirement, the government must have a proper purpose for enacting laws that restrict individuals' liberty or the use of their property.

substantive

The ___ provides that the Constitution, laws, and treaties of the Unites States constitute the supreme law of the land.

supremacy clause of the US Constitution

The first ___ amendments to the US Constitution are collectively known as the Bill of Rights

ten

Which amendment to the US Constitution contains the equal protection clause, which prevents states from denying the "equal protection of the laws" to any citizen?

the 14th amendment

Which constitutional amendment contains the taking clause?

the Fifth Amendment

Identify the primary source of authority for federal regulation of business.

the commerce clause of the US Constitution

Which constitutional clause combats discrimination because it applies whenever government treats individuals differently that other similarly affiliated individuals usually through a classification scheme?

the equal protection clause

Which of the following is not prohibited by the establishment clause of the First Amendment to the US Constitution?

the freedom to practice religion as an individual sees fit

Article I, Section 8, of the US Constitution expressly provides Congress with spending power regarding all but which of the following?

the power to pay for the legal representation of a defendant in a civil case

Pursuant to the substantive due process requirement, which of the following rights protected in the Constitution does not bear a substantial relationship to a compelling government purpose?

the right to controlled rent

Which of the following is an accurate statement regarding the taxing power of the federal government?

the tax rate imposed by Congress must be uniform from state to state.

Which amendment in the Bill of Rights prevents government from trying citizens twice for the same crime?

5th amendment

The ___ clause of the 1st Amendment to the US Constitution includes the absolute freedom to believe in God, a god, more than one god, or no god at all.

free-exercise

Which of the following is included in the 5th Amendment to the US Constitution?

the privilege against self-incrimination

The establishment clause is present in the ___ amendment to the US Constitution

1st

Courts have interpreted the Ninth Amendment, in conjunction with the _____ Amendments, as providing individuals with a right to privacy

1st, 3rd, 4th, and 5th

___ of the US Constitution states that government may not pass any "law impairing the obligation of contracts."

Article I, Section 10

Which of the following is true of the Fourth Amendment to the US Constitution?

It protects individuals and their homes, and also corporations and places of business, against warrantless searches in criminal cases

Environmental law is an example of the ___ authority of the state and federal governments.

concurrent

Today, most federal regulations are exercises of _______ authority according to the commerce clause of the Constitution

congressional

According to judicial interpretation of the ___ clause of the US Constitution, no law can be passed that will unreasonably interfere with existing contracts.

contract.

The taxing power of the federal government is established in ___ of the US Constitution.

Article I, Section 8

___ of the US Constitution contains the full faith and credit clause.

Article IV, Section 1

Which of the following is an accurate statement regarding the Fifth Amendment to the US Constitution's privilege against self-incrimination?

different businesses have different rights related to the privilege against self-incrimination depending on their form of business organization.

Which of the following is not a pertinent question to ask when determining whether a speech is obscene according to the US Supreme Court standard for obscenity established in Miller v. California?

does the speech substantially interfere with the commercial interests of the plaintiff(s)?

Which of the following is a true statement regarding the Fifth Amendment's due process clause?

For business-people and corporations, the Fifth Amendment's due process clause provides extensive protection.

For the purpose of regulating the three branches of the federal government, the US Constitution establishes a system of ___ designed for each branch's power to keep the other branches from dominating the government.

checks and balances

Under the strict scrutiny test, suspect classifications include all but which of the following?

classifications based on age

___ speech conveys information related the sale of goods and services

commercial

Pursuant to the requirement of substantive due process, laws affecting fundamental rights must bear a substantial relationship to a(n) ___ government purpose.

compelling