Chapter 5

The ____ Amendment to the U.S. Constitution prohibits government from conducting unreasonable searches of individuals and seizing their property to use as evidence against them. a. Sixth b. First c. Fourth d. Third

c

Federal ____ is a principle asserting the supremacy of federal legislation over state legislation when both pertain to the same matter. a. redemption b. exemption c. diminution d. preemption

d

The taxing power of the federal government is established in ____ of the U.S. Constitution. a. Article I, Section 4 b. Article III, Section 6 c. Article IV, Section 6 d. Article I, Section 8

d

Corporations engage in ____ speech when they support a particular candidate for office. a. political b. preferential c. proactive d. preemptive

a

Pursuant to the requirement of substantive due process, laws affecting fundamental rights must bear a substantial relationship to a(n) ____ government purpose. a. compelling b. articulable c. existing d. important

a

Suppose the U.S. Congress enacts legislation, the president vetoes the law, and then Congress overturns the presidential veto with two-thirds vote of the members of Congress. This is an example of the ____ system established by the U.S. Constitution. a. checks and balances b. parliamentary c. hierarchical d. priority-based

a

The ____ of the U.S. Constitution prohibits states from discriminating against citizens of other states when those nonresidents engage in ordinary and essential activities. a. privileges and immunities clause b. commerce clause c. equal protection clause d. supremacy clause

a

____ of the U.S. Constitution grants the Congress spending power. a. Article I, Section 8 b. Article II, Section 4 c. Article II, Section 6 d. Article I, Section 4

a

____ of the U.S. Constitution states that "Citizens of each state shall be entitled to all Privileges and Immunities of Citizens in the several States.: a. Article IV, Section 2 b. Article II, Section 2 c. Article III, Section 1 d. Article II, Section 1

a

A(n) ____ is a court order that authorizes law enforcement agents to search for or seize items specifically described in the warrant. a. restraining order b. search warrant c. declaratory judgment d. arrest warrant

b

According to the intermediate scrutiny standard, a law is constitution only if it is ____ related to an important government objective. a. potentially b. substantially c. curiosity d. generally

b

Courts have interpreted the Ninth Amendment, in conjunction with the ____ Amendments, as providing individuals with a right to privacy. a. Third, Fourth, Sixth, and Seventh b. First, Third, Fourth, and Fifth c. First, Sixth, Seventh, and Eight d. Fourth, Sixth, Seventh, and Eight

b

Pursuant to the equal protection clause of the Fourteenth Amendment to the U.S. Constitution, if a law prevents individuals from exercising a fundamental right, the action will be subject to ____. a. intermediate scrutiny b. strict scrutiny c. preliminary review d. cursory review

b

To satisfy the ____ due process requirement, the government must have a proper purpose for enacting law that restrict individuals' liberty or the use of their property. a. parliamentary b. substantive c. procedural d. subordinate

b

Which amendment to the U.S. Constitution prevents states from denying "the equal protection of the laws" to any citizen? a. the Fifth Amendment b. the Fourteenth Amendment c. the Tenth Amendment d. the Ninth Amendment

b

Which amendment to the U.S. Constitution states that the government cannot deprive a person of life, liberty, or property without due process of law? a. Sixth Amendment b. Fifth Amendment c. First Amendment d. Seventh Amendment

b

Which of the following is an accurate statement regarding the Fifth Amendment to the U.S. Constitution's privilege against self-incrimination? a. The privilege against self-incrimination generally applies to corporations. b. Different businesses have different rights related to the privilege against self-incrimination, depending on their form of business organization. c. Sole proprietors are not entitled to assert the privilege against self-incrimination. d. All types of businesses (sole proprietorships, partnerships, corporations, etc.) are entitled to the same privilege against self-incrimination.

b

Which of the following is included in the Fifth Amendment to the U.S. Constitution? a. freedom of speech b. protection against double jeopardy c. the right to bear arms d. prohibition against cruel and unusual punishment

b

Which of the following is not a pertinent question to ask in applying the Central Hudson Test for commercial speech? a. Does the speech concern an illegal activity? b. Does the regulation violate the Tenth Amendment to the U.S. Constitution? c. Is the regulation more extensive than necessary to serve the government interest? d. Is the speech misleading?

b

Which of the following rights is protected by the First Amendment to the U.S. Constitution? a. the right to bear arms b. freedom of the press c. the prohibition of double jeopardy d. the prohibition of cruel and unusual punishment

b

____ of the U.S. Constitution states that government may not pass any "Law impairing the Obligation of Contract." a. Article III, Section 7 b. Article I, Section 9 c. Article II, Section 8 d. Article IV, Section 6

b

The ____ clause of the First Amendment to the U.S. Constitution includes the absolute freedom to believe in God, a god, more than one god, or no god at all. a. establishment b. elective exercise c. free exercise d. disestablishment

c

The ____ provides that the Constitutions, laws, and treaties of the United States constitute the supreme law of the land. a. Declaration of Independence b. commerce clause of the U.S. Constitution c. supremacy clause of the U.S. Constitution d. Magna Carta

c

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. a. subordinate b. procedural c. substantive d. parliamentary

c

Which amendment set forth in the Bill of Rights prevents government from trying citizens twice for the same crime? a. Eighth Amendment b. Sixth Amendment c. Fifth Amendment d. Seventh Amendment

c

Which of the following is a correct statement regarding commercial speech? a. Commercial speech and political speech receive equal First Amendment protection. b. Commercial speech receives greater First Amendment protection than political speech. c. Commercial speech is protected by the First Amendment. d. Commercial speech is protected by the Fifth Amendment.

c

Which of the following is not a type of unprotected speech? a. fighting words b. defamatory speech c. corporate speech d. obscene speech

c

Which of the following statements is a correct statement regarding the Bill of Rights? a. The federal government, as the supreme government of the United States, can deprive individuals of the freedoms protected by the Bill of Rights. b. States can deprive individuals of the freedoms in the Bill of Rights, as states are exempt from federal jurisdiction under the Tenth Amendment. c. The federal and state governments cannot deprive individuals of the freedoms protected by the Bill of Rights. d. The Bill of Rights limits government actions as well as the behavior of private employers.

c

____ authority means that both state and federal government have the power to regulate the same subject matter. a. Bicameral b. Divergent c. Concurrent d. Unilateral

c

____ is a system of government according to which the authority to govern is divided between federal and state governments. a. Fealty b. Feudalism c. Federalism d. Free enterprise

c

____ is the power of a court to review legislative and executive actions to determine whether they are constitutional. a. Executive privilege b. Executive nullification c. Judicial review d. Judicial flat

c

____ power consists of the residual powers retained by each state to safeguard the health and welfare of its citizenry. a. Reserved b. Extra-judicial c. Police d. Quasi-judicial

c

A(n) ____ is a court order that authorizes law enforcement agents to search for or seize items specifically described in the warrant. a. restraining order b. declaratory judgment c. arrest warrant d. search warrant

d

According to the ____ exception to the search warrant requirement, if an industry has a long history of well-established regulation, a warrantless search is not unreasonable. a. preeminent-domain b. predominate-control c. prevalent-authority d. pervasive-regulation

d

According to the ____ of the Fifth Amendment to the U.S. Constitution, when government takes private property for public use, it must pay the owner just compensation for the property. a. renumeration clause b. privileges and immunities clause c. eminent domain clause d. takings clause

d

Article I, Section 8 of the U.S. Constitution expressly provides Congress with spending power regarding all but which of the following? a. the power to pay the debts of the Untied Stated b. the power to provide for the general welfare of the United States c. the power to provide for the common defense of the United States d. the power to pay for the legal representation of a defendant in a civil case

d

The ____ clause of the U.S. Constitution states that each states must respect the legislative acts of sister states. a. due process b. equal protection c. privileges and immunities d. full faith and credit

d

The dormant commerce clause is a restriction on states' authority that is ____ of the U.S. Constitution. a. expressed in the commerce clause b. expressed in the supremacy clause c. implied in the supremacy clause d. implied in the commerce clause

d

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. a. intermediate scrutiny b. suspect classification c. strict scrutiny d. rational-basis

d

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. a. hypothetical connection b. casual connection c. conditional nexus d. rational relationship

d

Today, most federal regulations are exercises of congressional authority according to the ____. a. supremacy clause of the U.S. Constitution b. Declaration of Independence c. Uniform Commercial Code d. commerce clause of the U.S. Constitution.

d

Where is the commerce clause located? a. In the Declaration of Independence b. in the Model Commerce Code c. in the Uniform Commercial Code d. in the U.S. Constitution

d

Which of the following is not prohibited by the establishment clause of the First Amendment to the U.S. Constitution? a. the establishment of a national religion by Congress b. the U.S. Congress' preference of religion over nonreligious philosophies in general c. the U.S. Congress' preference of one religion over another d. the freedom to practice religion as an individual sees fit

d

Which of the following refers to the government using fair procedure when taking the life, liberty, or corporation? a. substantive due process b. constructive due process c. quasi due process d. procedural due process

d