3rd exam (quiz 18)
The Supreme Court's approach during the period from the 1950s through the 1970s in deciding cases on constitutional grounds is described as a. judicial activism. b. judicial restraint. c. judicial review. d. the dormant aspect of its judicial power.
a
The issue of the constitutional protections afforded flag burning was addressed in a. Texas v. Johnson. b. Palmore v. Sidoti. c. Marbury v. Madison. d. United States v. Lopez.
a
When Congress passed a criminal statute called the "Gun-Free School Zones Act," the Supreme Court ruled that a. the law was not valid since Congress exceeded its power under the Commerce Clause. b. although the law was not a proper exercise of the power to regulate interstate commerce, Congress had the power to create such legislation on other grounds. Therefore, the statute was valid. c. the law was void for vagueness; thus, it was not valid. d. the law was valid as a proper exercise of the power to regulate interstate commerce.
a
The doctrine of preemption is based on the Constitution's a. Commerce Clause. b. Supremacy Clause. c. Due Process Clause. d. Equal Protection Clause.
b
A form of due process that holds that certain rights are so fundamental that the government may not eliminate them is referred to as a. eminent domain. b. procedural due process. c. substantive due process. d. judicial restraint.
c
A woman wishes to attend an all-male, publicly supported college. She claims the college is violating the Equal Protection Clause of the Constitution. What level of scrutiny will the court use when deciding this case? a. Compelling interest scrutiny b. Minimal scrutiny c. Intermediate scrutiny d. Strict scrutiny
c
If Oregon passed a statute that prohibited liquor stores from engaging in any kind of advertisina. valid as an exercise of police power. b. valid, as alcohol is illegal for minors. c. invalid as an unreasonable restriction of free speech. d. invalid as a violation of the Commerce Clause.g, that statute would be
c
The Supreme Court case of Obergefell v. Hodges involved a. the power of eminent domain. b. symbolic speech. c. same-sex marriage rights. d. the death penalty.
c
The United States v. Lopez case demonstrates which of the following? a. The states have extensive power to regulate interstate commerce. b. There are no limitations on the federal government's power pursuant to the Interstate Commerce Clause. c. There are limitations on federal power. d. Gun ownership cannot be regulated.
c
A local school district had a policy that it would not hire bus drivers who had been convicted of driving while under the influence of alcohol. Sven claimed that this practice violated the Equal Protection Clause by unfairly excluding everyone who had been found guilty of DUI. Which standard will the court use to review the bus company's practice? a. Supremacy Clause scrutiny. b. intermediate scrutiny. c. strict scrutiny. d. minimal scrutiny.
d
Generally, constitutional protections do NOT apply to a. acts of administrative agencies. b. acts of the federal government. c. acts of state government. d. acts of privately owned businesses.
d
Nevada passed a law banning all commercial billboards along state highways to improve the appearance of the environment. If this law were to be challenged, which of the following would a court examine to determine if the law is constitutional? It would have to be established that the law furthers an interest of the state of Nevada to create a more aesthetically pleasing environment. b. It would have to be shown that the law directly and materially advances the state's goal of a more aesthetically pleasing environment. c. It would have to be shown that the law reaches no further than necessary to promote the state goal. d. All of these are correct.
d
Some presidents have argued that they should have the power of a line-item veto, which is the authority to nullify or cancel specific provisions of a bill, usually a budget appropriations bill, without vetoing the entire legislative package. A line-item veto is a challenge to which of the following principles? a. executive privilege b. the Commerce Clause c. the Supremacy Clause d. separation of powers
d
Thompson raised 80 acres of corn, most of which he used to feed his own cattle. He locally sold what he did not use. Based on the Supreme Court's ruling in Wickard v. Filburn, a. only Thompson's state and local governments can regulate his farming activity. b. Congress has no authority over Thompson's activity based on the negative aspect of the Commerce Clause. c. only Thompson's local government can regulate his farming activity. d. Congress may regulate Thompson's farming activity because it has a substantial economic effect on interstate commerce.
d
A governmental classification based on gender would be subject to strict scrutiny. true or false
false
Congress passed the federal OSHA establishing job safety standards. Illinois passed its own statute, which had slightly more lenient standards. Illinois workers are only held to the state standards unless they are involved in interstate commerce. true or false
false
The Fourth Amendment to the Constitution provides Robert, an employee of Mattax Paper Co., due process protection from being fired without a hearing by a neutral fact finder. true or false
false
The power to regulate interstate commerce is given jointly to Congress and the states under the U.S Constitution. true or false
false
Misleading commercial speech may be outlawed altogether without violating the Constitution. true or false
true
