Learn It - Chapter 2

federalism

What is the system of government called in which states form a union and share sovereign power with the central government of the union? • federalism • democracy • republicanism • bureaucracy

Corporate political speech is protected by the First Amendment Political donations are protected by the First Amendment as types of corporate political speech

What is true of corporate political speech? Choose 2 answers. • Corporate political speech is more restricted than corporate commercial speech. • Corporate political speech is protected by the First Amendment. • Corporate political speech is strongly restricted in a presidential election year. • Political donations are protected by the First Amendment as types of corporate political speech.

Limitations on advertisements for alcohol Some advertising venues for tobacco

What restrictions on business speech are allowed by the First Amendment? Choose 2 answer choices. • Business political contributions to a controversial candidate • Limitations on advertisements for alcohol • Some advertising venues for tobacco • A billboard for a hotel on an urban highway

It must not be overly restrictive to meet its objectives It must seek to implement a substantial government interest It must directly advance a government interest.

A restriction on commercial speech will be valid if it meets three criteria. What are they? Choose 3 answers. • It must not be overly restrictive to meet its objectives. • It must seek to implement a substantial government interest. • It must directly advance a government interest. • It must not be financially detrimental to a company.

Fundamental rights are a determining factor in the analysis under substantive due process.

How does the Fifth Amendment apply to fundamental rights? • Fundamental rights are not a key part of the analysis of Fifth Amendment rights. • Fundamental rights are a critical part of the decision-making process in procedural due process. • Fundamental rights are a large consideration under the Takings Clause. • Fundamental rights are a determining factor in the analysis under substantive due process.

invalidate the law

If the U.S. Supreme Court determines that a state or federal law violates the U.S. Constitution, it may: • require the legislature to amend the law. • modify the law. • invalidate the law. • interpret the law.

When Congress passes a law and creates an agency to enforce that law When Congress passes very detailed laws

In what situations does federal law preempt state law? Choose 2 answer choices. • Federal law preempts state law in all cases • When Congress passes a law and creates an agency to enforce that law • When Congress passes very detailed laws • When the state law explicitly states it preempts other laws

intermediate scrutiny

What is the medium level of scrutiny, sometimes called heightened scrutiny, that a court will use when deciding a case that involves a quasi-suspect class? • strict scrutiny • intermediate scrutiny • rational basis • secondary level scrutiny

strict scrutiny rational basis review intermediate scrutiny

What are the three levels of scrutiny used by courts to determine the constitutionality of a government action? Choose 3 answers. • factual basis review • strict scrutiny • rational basis review • intermediate scrutiny

To regulate international commerce To regulate commerce on the national and local levels

What authority does the federal government have under the Commerce Clause? Choose 2 answer choices. • To regulate international commerce • To regulate commerce on the national and local levels • To regulate all commerce in the country • To regulate commerce between states only

Some types of advertising

What business speech is protected by the First Amendment? • Some types of defamatory speech • Some types of threatening speech • Some types of advertising • Some types of misleading speech

a legitimate governmental purpose if a non-fundamental right is involved a compelling governmental interest if a fundamental right is involved

What does substantive due process require? Choose 2 answer choices. • a compelling governmental interest if a non-fundamental right is involved • a legitimate governmental purpose if a non-fundamental right is involved • a legitimate governmental purpose if a fundamental right is involved • a compelling governmental interest if a fundamental right is involved

It protects the exercise of religious practices It protects a person's right to hold no religious beliefs

What does the First Amendment protect regarding religion? Choose 2 answer choices. • It protects the favoring of one religion by the government. • It protects the exercise of religious practices. • It protects you from actions by the government and private parties. • It protects a person's right to hold no religious beliefs.

Any government employment restrictions related to religion must satisfy two requirements.

What does the Free Exercise Clause require? • Any government employment restrictions related to religion must satisfy two requirements. • No government in the U.S. can create an official religion or favor one religion over another. • Any employer restrictions related to religion must satisfy two requirements. • Restrictions on religious practices must survive the three-prong test of reasonableness.

Federal law is supreme over state law

What is preemption in the Supremacy Clause? • Federal law cannot preempt certain areas of state law as delineated in the Supremacy Clause. • Federal law is supreme over state law. • State law that does not conflict with federal law preempts federal law. • Preemption is not addressed in the Supremacy Clause. It is addressed in other areas of the U.S. Constitution.

rational basis review

What is the lowest level of review by a court to determine whether a government action unconstitutionally infringes on protected rights? • legitimate interest review • strict scrutiny • intermediate scrutiny • rational basis review

A state requiring lawyers practicing in the state to be licensed

What situation would NOT be regulated by the federal government under the Commerce Clause? • An individual seamstress who sells things online to customers around the country, but not outside of the U.S. • International trade of a small business operating in only one state • A state requiring lawyers practicing in the state to be licensed • A local farmer selling goods at a shop that draws many customers from farmers' markets in a neighboring state

threats to the president of the United States speech that incites lawlessness

What type of speech does not receive First Amendment protections? Choose 3 answers. (Only have 2) • threats to the president of the United States • speech that incites lawlessness • obscenity • unpatriotic speech

A state law that requires documentation of citizenship is preempted by the National Voter Registration Act because the act only requires a statement under oath A state's attempt to regulate television and radio is preempted by federal law because the federal government has regulated the entire field.

Which of the following is a correct statement of federal preemption of state law under the Supremacy Clause? Choose 2 answers. • Federal environmental laws will always preempt a state's water pollution law for its state parks. • Federal law only preempts state law when Congress has expressly stated the preemption for the entire field. • A state law that requires documentation of citizenship is preempted by the National Voter Registration Act because the act only requires a statement under oath. • A state's attempt to regulate television and radio is preempted by federal law because the federal government has regulated the entire field.

the Supremacy Clause

Which of the following is the provision of the U.S. Constitution that establishes federal law precedence over state law? • the Supremacy Clause • the Commerce Clause • the Equal Protection Clause • the Bill of Rights