Business Law~ Chapter 4: Constitutional Law
The Minnesota Housing Authority plans to begin eminent domain proceedings to acquire 100 homes to rent to low-income persons. The Housing Authority wants to pay as little as possible for the homes so that it can acquire more homes in the future, but the homeowners insist they are entitled to the fair market value of the property. In a court hearing on the matter, the homeowners are likely to prevail.
True
The U.S. Constitution created a federal government of enumerated powers, and legislation enacted by Congress must be based on a specific power the Constitution grants to the federal government or be reasonably necessary for carrying out an enumerated power.
True
The U.S. Supreme Court can invalidate a law if it conflicts with the U.S. Constitution.
True
The U.S. Supreme Court is the final authority as to the constitutionality of any federal or state law.
True
The constitutional protection extended to commercial speech is based on the informational function of advertising.
True
The Takings Clause requires just compensation if the government: a. actually takes the property. b. regulates to such an extent that it deprives the owner of all economic use of the property. c. regulates property in such a way that it reduces the value of the property in any way. d. Both (a) and (b) are correct. e. All of the above are correct.
D
The U.S. Constitution vests power in the branches of government that form a "check and balance" system. Those branches of government are: a. executive. b. legislative c. judicial. d. All of the above.
D
The U.S. Constitution vests power in the branches of government that form a "checks and balances" system. Those branches of government include: a. executive. b. legislative c. judicial. d. All of the above.
D
The extent to which state regulation may affect interstate commerce: a. is decided using a case-by-case analysis. b. is ultimately decided by the Supreme Court. c. will be determined without regard to the extent to which the regulation discriminates against interstate commerce in favor of local concerns. d. Both (a) and (b).
D
The federal government has exclusive power to establish laws governing: a. bankruptcy. b. patents. c. copyrights. d. All of the above.
D
The power of the state to tax is limited by: a. the Commerce Clause. b. the Import-Export Clause. c. the Due Process Clause of the Fourteenth Amendment. d. All of the above.
D
The federal government's authority to govern economic matters flows from the Commerce Clause.
True
The federal government's power to tax is subject to three major limitations.
True
The framers of the Constitution considered it unnecessary to include in the original document liberties that the people were to keep for themselves.
True
The term "eminent domain" refers to a governmental taking of private property for public use.
True
Under the Due Process Clause, entitlements conferred by the government, such as social security payments, are property, which cannot be revoked without procedural due process.
True
Under the federalist system, the states retain significant powers; however, the Supremacy Clause of the Constitution provides that within the areas of regulation that are federal in nature, federal law is supreme.
True
Which of the following is true of state action? a. It includes any actions of the federal government, but not actions of state government. b. It includes any actions of the federal or state government, but not actions of local government. c. It includes only certain actions of state governments as set forth in the Constitution. d. Protections that guard against state action may be extended by statute to apply to private activity.
D
A public figure who brings a defamation suit against a newspaper which prints a false story about her must prove actual malice to win the suit.
True
A state regulation that does not conflict with a federal regulation may still be preempted by federal action.
True
According to the U.S. Supreme Court, the "necessary and proper" clause gives Congress the authority to legislate in areas not mentioned in the list of enumerated powers if the legislation reasonably relates to an enumerated power.
True
Commercial speech is expression related to the economic interests of the speaker and his audience.
True
Federalism is the division of governing power between the federal government and the states.
True
Generally, the executive branch of government has the power to enforce the law.
True
In equal protection cases involving economic regulation, the courts use the rational relationship test.
True
In relation to the Takings Clause, public use has been held to be synonymous with public purpose.
True
Judicial review is the process by which courts review governmental action to determine whether such actions conform to the U.S. Constitution.
True
Most constitutional protections apply only to governmental, or state, action.
True
Most forms of speech are protected by the strict or exacting scrutiny standard.
True
State action is a term that may include conduct by private parties who perform a public function.
True
The Bill of Rights restricts the power and authority of the federal government.
True
The Bill of Rights was approved by the first Congress to guarantee that the federal government would not abuse its powers.
True
The Commerce Clause allows the federal government to invalidate state laws that burden interstate commerce.
True
The Congressional power to borrow money on credit of the United States and to coin money have enabled the federal government to establish a national banking system, the Federal Reserve System, and specialized federal lending programs such as the Federal Land Bank.
True
The Contract Clause of the Constitution applies only to the actions of state governments and not to the federal government.
True
The Contract Clause of the Constitution prevents states from retroactively modifying public charters and private contracts.
True
The Fifth and Fourteenth Amendments prohibit the federal and state governments, respectively, from depriving any person of life, liberty, or property without due process of law.
True
The First Amendment guarantee of free speech applies not only to individuals but also to corporations.
True
Federal Fiscal Powers~ Borrowing and Coining Money
enables the Federal government to establish a national banking system and to control national fiscal and monetary policy.
Strict Scrutiny Test
exacting standard of review applicable to regulation affecting a fundamental right or involving a suspect classification.
Judicial Review
examination of government actions to determine whether they conform to the U.S Constitution.
Federal Commerce Power
exclusive power of the Federal government to regulate commerce with other nations and among the states.
Commercial Speech
expression related to the economic interests of the speaker and its audience; such expression receives a lesser degree of protection.
Classifications based on age and sex are examples of "suspect classifications" in the context of the Equal Protection Clause of the Constitution.
false
Defamation is a form of speech wholly outside the protection of the First Amendment.
false
Eminent domain is not one of the recognized inherent powers of government.
false
Generally, the legislative branch of government has the power to enforce the law.
false
In a sex discrimination case under the equal protection clause, the courts apply the strict scrutiny standard of review.
false
Judicial review is another phrase for an appeal of a lower court's judgment.
false
Substantive due process addresses the fairness of the process by which a legal rule is applied.
false
The Bill of Rights applies directly to the states.
false
The Bill of Rights was included in the original U.S. Constitution.
false
The Bill of Rights was part of the original Constitution which was adopted on September 17, 1787.
false
The Constitution gives the federal and state governments concurrent powers over patents and copyrights.
false
The Contract Clause of the Constitution allows states to retroactively modify public charters and private contracts.
false
The First Amendment allows free speech in any and all circumstances.
false
The Supreme Court has defined the scope of the Commerce Clause narrowly and, therefore, has restricted the powers of the federal government to regulate business.
false
The Supreme Court, in Jackson v Metropolitan Edison Co., held that a privately owned electric utility was subject to the Due Process Clause because operating the utility was "state action" since the State had granted the utility a monopoly.
false
The federal government has no restrictions under the Constitution on its power to impair contracts since the Contract Clause restricts only actions of the states.
false
The federal government's power to tax has no limitations.
false
Under the Commerce Clause, any state statute that affects interstate commerce is unconstitutional.
false
"Actual malice" in defamation cases against the press requires a showing that a reporter intentionally lied or recklessly disregarded the truth.
true
"Eminent domain" refers to a governmental taking of private property for public use.
true
A government action that treats two classes of similarly situated citizens the same is valid under the Equal Protection Clause.
true
A law is not valid unless it complies with the U.S. Constitution.
true
A public figure who brings a defamation suit against a newspaper which prints a false story about her must prove actual malice to win the suit.
true
Action taken by private citizens may constitute state action if the state has encouraged the challenged private action significantly.
true
An official action by an agency of the city of Oakwood against one of its citizens would be considered "state action."
true
Both the Fifth and Fourteenth Amendments contain due process clauses.
true
The U.S. Supreme Court upheld a state statute prohibiting corporations from using general treasury funds to make independent expenditures in elections for public office.
true
The federal government's authority to govern economic matters flows from the Commerce Clause.
true
The federal government's power to tax is subject to the limitation that all custom duties and excise taxes must be uniform throughout the United States.
true
The framers of the Constitution considered it unnecessary to include in the original document liberties that the people were to keep for themselves.
true
Under the federalist system, the states retain significant powers; however, the supremacy clause of the Constitution provides that within the areas of regulation that are federal in nature, federal law is supreme.
true
The Contract Clause prevents a state from: a. making contracts with private individuals. b. affecting any agreements between two parties. c. changing contracts after they have been made. d. contracting with another state.
C
The requirement that a classification have a substantial relationship to an important governmental objective is known as the: a. rational relationship test. b. strict scrutiny test. c. intermediate test. d. Contract Clause.
C
The requirement that a classification have a substantial relationship to an important governmental objective is known as the: a. rational relationship test. b. strict scrutiny test. c. intermediate test. d. Contract Clause.
C
Because of the Bill of Rights, state legislation that conflicts with federal legislation will preempt the federal legislation and the courts will apply the state statute without modification.
False
Classifications based on age and sex are examples of "suspect classifications" in the context of the Equal Protection Clause of the Constitution.
False
Eminent domain is not one of the recognized inherent powers of government.
False
If Congress has not intended to displace all state legislation on a particular topic, state legislation that conflicts with the federal legislation is permitted.
False
In a sex discrimination case under the Equal Protection Clause, the courts apply the strict scrutiny standard of review.
False
In commercial speech cases, the U.S. Supreme Court requires that any restriction on such speech must be the least restrictive possible to achieve a substantial governmental interest.
False
Judicial review is another phrase for an appeal of a lower court's judgment.
False
The Bill of Rights applies directly to the states.
False
The Brentwood Academy v. Tennessee Secondary School Athletic Association case illustrates the point that when Congress has not intended to displace all state legislation, nonconflicting state legislation is permitted.
False
The First Amendment allows free speech in any and all circumstances.
False
The Supreme Court has defined the scope of the Commerce Clause narrowly and, therefore, has restricted the powers of the federal government to regulate business.
False
The U.S. Constitution was adopted in 1791 by representatives of the thirteen newly created states.
False
The U.S. Supreme Court has eliminated the doctrine that commercial speech is wholly outside the protection of the First Amendment and now allows very narrow, limited protection of commercial speech.
False
The U.S. Supreme Court has held that the Takings Clause requires just compensation not only if a governmental taking actually occurs, but also if a governmental regulation reduces the value of the property.
False
The federal government has no restrictions under the Constitution on its power to impair contracts since the Contract Clause restricts only actions of the states.
False
The federal government's power to tax has no limitations.
False
The fourth Congress approved ten amendments to the U.S. Constitution, now known as the Bill of Rights, which were adopted on December 15, 1799.
False
There is no state action where a court orders enforcement of a private agreement among property owners since the property owners were private individuals.
False
Under the Commerce Clause, any state statute that affects interstate commerce is unconstitutional.
False
Under the Equal Protection Clause, all governmental action that treats two classes of citizens differently will be invalid.
False
Federal Supremacy
Federal law takes precedence over conflicting State law.
Due Process
Fifth and Fourteenth amendment prohibit the Federal and State governments from depriving any person of life, liberty, and property without due process of law.
Corporate Political Speech
First Amendment protects a corporation's right to speak out on public issues.
Freedom of Speech
First Amendment protects most speech by using a strict scrutiny standard.
According to the Tenth Amendment, "the powers not delegated to the United States, by the Constitution, nor prohibited by it to the states, are reserved to the states respectively or to the people." This principle is: a. separation of powers. b. supremacy. c. preemption. d. federalism.
D
According to the __________ Amendment, "the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." a. First b. Fourth c. Fifth d. Tenth
D
A star basketball player in the NBA: a. is a "public figure" with respect to a defamation action against a newspaper. b. is a "public official" with respect to a defamation action against a newspaper. c. may win a defamation case against the media if he can prove the media acted negligently in reporting an untruth about him. d. is not subject to the "actual malice" test in defamation actions against the press.
A
A star basketball player in the NBA: a. is a "public figure" with respect to a defamation action against a newspaper. b. is a "public official" with respect to a defamation action against a newspaper. c. may win a defamation case against the media if he can prove the media acted negligently in reporting an untruth about him. d. is not subject to the "actual malice" test in defamation actions against the press.
A
A state constitutional provision conflicts with a federal statute. The: a. federal statute is supreme. b. state constitutional provision is supreme. c. federal statute is supreme if Congress has expressly so provided. d. state constitutional provision is supreme if it expressly so states.
A
A state constitutional provision conflicts with a valid federal statute. Under the supremacy clause: a. the federal statute is supreme. b. the state constitutional provision is supreme. c. the federal statute is supreme if Congress has expressly so provided. d. the state constitutional provision is supreme if it expressly so states.
A
How does the Due Process Clause of the Fourteenth Amendment differ from the Due Process Clause of the Fifth Amendment? a. The Fourteenth Amendment clause protects individuals from violations of their rights by state governments. b. The Fourteenth Amendment clause guarantees both substantive and procedural due process but the Fifth Amendment clause does not. c. The Fourteenth Amendment clause protects individuals against violation of their rights by private individuals as well as the government. d. The Fourteenth Amendment clause requires the application of strict scrutiny in all cases.
A
How does the due process clause of the Fourteenth Amendment differ from the due process clause of the Fifth Amendment? a. The Fourteenth Amendment clause protects individuals from violations of their rights by state governments; the Fifth Amendment protects individuals from violations of their rights by the federal government. b. The Fourteenth Amendment clause guarantees both substantive and procedural due process but the Fifth Amendment clause does not. c. The Fourteenth Amendment clause protects individuals against violation of their rights by private individuals as well as the government. d. The Fourteenth Amendment clause requires the application of strict scrutiny in all cases.
A
If private entities engage in public functions, constitutional guarantees such as free speech and due process may apply to their actions under the __________ doctrine. a. state action b. federal preemption c. interstate commerce d. supremacy
A
If private entities engage in public functions, constitutional guarantees such as free speech and due process may apply to their actions under the ____ doctrine. a. state action b. federal preemption c. interstate commerce d. supremacy
A
In determining whether a state law unduly burdens interstate commerce, the Court considers: a. the extent to which the law discriminates against interstate commerce in favor of local concerns. b. only the blanket consideration of whether Congress has already legislated in the affected subject area. c. whether the Constitution specifically allows states to regulate that subject matter. d. only the necessity of the law to the proper functioning of the state.
A
In the Brentwood Academy v. Tennessee Secondary School Athletic Association case, the U.S. Supreme Court held that: a. state action may be found only if there is such a close nexus between the state and the challenged action that seemingly private behavior may be fairly treated as that of the state itself. b. as an express conclusion of law, public school officials do not necessarily act within the scope of their duties when they represent their institutions. c. as an express conclusion of law, public school officials act within the scope of their duties when they represent their institutions. d. the Association had a majority of private school memberships which prevented the action of the Association from being considered state action.
A
In the case of ____, Chief Justice Marshall stated, "This great principle is, that the Constitution and the laws made in pursuance thereof are supreme; that they control the Constitution and laws of the respective states, and cannot be controlled by them." a. McCulloch v. Maryland b. Marbury v. Madison c. Shelley v. Kraemer d. Marsh v. Alabama
A
Like the federal government's power to tax, its power to spend will be upheld so long as it does not: a. violate a specific constitutional limitation on federal power. b. restrict the states' constitutional limitations. c. cause undue hardship to the states. d. interfere with commercial trade.
A
Martinez and Lopez practice law solely within the state of Texas. The law practice: a. may be subject to federal antitrust laws under the power granted by the Commerce Clause under certain circumstances. b. cannot be subject to federal antitrust laws under the power granted by the Commerce Clause because the activities are conducted within one state. c. is subject to federal antitrust regulation under the federal police powers. d. Both (b) and (c).
A
Federal Fiscal Powers~ Eminent Domain
the government's power to take private property for public use with the payment of just compensation.
The U.S. Supreme Court has: a. used the Contract Clause to restrict states from retroactively modifying public charters and private contracts. b. held that the Contract Clause precludes states from exercising their police powers. c. held that the Contract Clause precludes states from exercising eminent domain. d. All of the above.
A
The federal government has been enabled to establish a national banking system and the Federal Reserve System because of: a. the Article I, Section 8, constitutional grants to Congress of the power to borrow money on the credit of the United States and the power to coin money. b. powers derived from the Commerce Clause. c. delegation by the state governments of some of their enumerated powers. d. the Contract Clause contained in Article I, Section 10 of the Constitution. e. Both (a) and (b).
A
The states may enact legislation concerning a subject in which there is a federal statute if: a. Congress has not clearly indicated that it intends to control that subject matter. b. the states petition the Supreme Court for permission. c. the state legislation falls within the Necessary and Proper Clause. d. the states reserve the right at the time the federal statute is enacted.
A
When the strict scrutiny test is used, a court is free to substitute its thinking for that of the legislature in deciding if a law violates equal protection. Which of the following would NOT be subject to strict scrutiny? a. Legislative appropriations giving more money to single, poor women with dependent children, than to single, poor men with dependent children. b. Requiring black students to attend one high school and white students to attend another. c. Restricting the right to vote to those who were born within the state. d. Giving free lunches only to school children of Mexican descent.
A
Which of the following is correct with regard to the powers of government in the United States? a. The federal government is a government of enumerated powers. b. The federal government is all-powerful except in cases of state criminal law. c. Legislation enacted by Congress does not need to be based on a specific power granted to the federal government by the Constitution. d. Congress may not enact legislation that affects the states.
A
Which of the following would NOT be included in the powers of the federal government? a. Power to tax a product produced and consumed exclusively in Alaska. b. Power to grant government contracts to minority corporations. c. Power to condemn a building to make way for an interstate highway. d. Power to tax only incomes above $6,000.
A
The ____ and ____ Amendments respectively prohibit the federal and state governments from depriving any person of life, liberty, or property without due process of law. a. First, Tenth b. Fifth, Fourteenth c. Fourth, Fourteenth d. Fifth, Ninth
B
The __________ and __________ Amendments respectively prohibit the federal and state governments from depriving any person of life, liberty, or property without due process of law. a. First and Tenth b. Fifth and Fourteenth c. Fourth and Fourteenth d. Fourteenth and Fifth
B
Which of the following is not protected by the free speech guarantee found in the Constitution? a. Commercial speech b. Obscenity c. Defamation d. All of the above are protected by the free speech clause.
B
The __________ case involved the issue of the validity of a government restriction on commercial speech under the First Amendment. a. Williamson v. Mazda Motor of America, Inc. b. Thompson v. Western States Medical Center c. First National Bank v. Bellotti d. Austin v. Michigan Chamber of Commerce
B
Whatever powers are not specifically assigned to the United States by the Constitution are reserved to: a. the federal government. b. the state governments or the people. c. the Supreme Court. d. the Congress.
B
Which of the following activities is/are regulated by the federal government through its exercise of the commerce power? a. Commercial speech. b. Civil rights in employment. c. Shoplifting. d. All of the above.
B
A classification based on gender or "legitimacy" for a governmental action: a. does not need to bear a substantial relationship to an important governmental objective. b. eliminates the strong presumption of the constitutionality of legislation that is allowed under the rational relationship test. c. does not allow taking into legislative consideration the natural physical differences of gender. d. requires that men and women be treated exactly the same with regard to governmental action.
B
A woman claiming sex discrimination because she was passed over for a promotion by her employer, would have her case reviewed under the ____ test of the Equal Protection Clause. a. rational relationship b. intermediate c. strict scrutiny d. None of the above
B
Commercial speech: a. would not include an advertisement for a service. b. must concern lawful activity and not be misleading in order to receive First Amendment protection. c. is more valuable than other varieties of speech. d. All of the above.
B
Which of the following is a major limitation on the federal government's power to tax? a. Indirect taxes must be apportioned among the states. b. All custom duties and excise taxes must be uniform throughout the United States. c. Progressive tax rates are prohibited. d. All of the above.
B
Which of the following is included in the Fourteenth Amendment? a. Free speech clause. b. Equal protection. c. Both (a) and (b). d. None of the above.
B
In the Supreme Court's view, the "necessary and proper" clause: a. authorizes Congress to legislate only in areas mentioned in the list of enumerated powers. b. enables Congress to legislate in areas not mentioned in the list of enumerated powers as long as such legislation reasonably relates to some enumerated power. c. extends "state action" to action taken by private citizens whenever such interpretation is necessary to protect a fundamental right. d. restricts state regulations that obstruct interstate commerce.
B
Most of the protections provided by the U.S. Constitution and its amendments apply only to governmental action, which is referred to as: a. due process. b. state action. c. equal protection. d. separation of power.
B
Procedural due process pertains to governmental decisions depriving a person of all the following except: a. life. b. equal protection. c. liberty. d. property.
B
Since ____, the U.S. Supreme Court has abandoned its earlier approach in substantive due process cases and no longer overturns economic and social legislation, so long as it is rationally related to legitimate governmental objectives. a. 1812 b. 1937 c. 1954 d. 1980
B
The Supreme Court interprets the Commerce Clause: a. narrowly. b. as granting virtually complete power to Congress to regulate the economy. c. as restricting Congress to the coining of money and taxation. d. as granting Congress the power to take property under eminent domain.
B
The Supreme Court interprets the Commerce Clause: a. narrowly. b. as granting virtually complete power to Congress to regulate the economy. c. as restricting Congress to the coining of money and taxation. d. to mean that the Court may invalidate legislation enacted by Congress when the activity affects the individual states' regulation of their own role in interstate commerce.
B
The U.S. Constitution reserves to the states or to the people: a. powers also delegated to the federal government by the Constitution. b. the powers the Constitution does not prohibit to the states. c. police power. d. employee safety matters.
B
The intermediate equal protection test: a. does not require governmental classification to bear a substantial relationship to an important governmental objective. b. eliminates the strong presumption of constitutionality that exists under the rational relationship test. c. does not allow taking into legislative consideration the natural physical differences of gender. d. requires that men and women be treated exactly the same with regard to governmental action.
B
The legislative branch's primary check on both the judicial and executive branches is the power to: a. veto executive or judicial decisions. b. approve appointments to the courts and agencies. c. appoint judges and cabinet officials. d. None of the above.
B
The legislative branch's primary check on both the judicial and executive branches is the power to: a. veto executive or judicial decisions. b. confirm appointments to the courts and agencies. c. appoint judges and cabinet officials. d. None of the above.
B
The principle of ____ concerns the compatibility of a law or governmental action with fundamental constitutional rights, such as free speech. a. procedural due process b. substantive due process c. the rational relationship test d. equal protection
B
The principle of __________ concerns the compatibility of a law or governmental action with fundamental constitutional rights such as free speech. a. procedural due process b. substantive due process c. the rational relationship test d. equal protection
B
Under the Commerce Clause, Congress has the power to regulate: a. only the channels of interstate commerce. b. the channels and instrumentalities of interstate commerce, as well as those activities having a substantial relation to interstate commerce. c. only the instrumentalities of interstate commerce. d. only the channels and instrumentalities of interstate commerce.
B
What constitutional principle requires that similarly situated people be treated similarly by government? a. Free speech. b. Equal protection. c. Due process. d. Eminent domain.
B
What constitutional principle requires that similarly situated people be treated similarly by government? a. Free speech b. Equal protection c. Due process d. Eminent domain
B
Action taken by private citizens cannot constitute state action.
False
Because defamation involves a communication, the protection extended to speech by the ____ Amendment applies. a. Fourth b. Fifth c. First d. Fourteenth
C
Because defamation involves a communication, the protection of the __________ Amendment applies. a. Fourth b. Fifth c. First d. Fourteenth
C
Cary, a prominent local attorney, was the subject of a newspaper article concerning a trial in which he was involved as counsel. In that article, Cary was reported to have been disbarred in another state ten years previously. It is not true of Cary, but of his cousin, Frank. Cary will win a suit for defamation against the newspaper: a. simply by proving the falsity of the statement. b. only if Frank was not disbarred. c. only if he can prove that the paper acted with actual malice. d. by only showing that harm to his character resulted from the statement.
C
Cary, a prominent local attorney, was the subject of a newspaper article concerning a trial in which he was involved as counsel. In that article, Cary was reported to have been disbarred in another state ten years before. It is not true of Cary, but of his cousin, Frank. Cary will win a suit for defamation against the newspaper: a. simply by proving the falsity of the statement. b. only if Frank was not disbarred. c. only if he can prove that the paper acted with actual malice. d. only if he can show harm to his character resulted from the statement.
C
Dr. David Doright is a Professor at a state university. One day he has an argument with the president of the university over which team should win the next Super Bowl. The next day, Dr. Doright is fired for incompetence. He sues, claiming the firing is arbitrary and that he was denied an opportunity to respond to the charges. a. This is not a criminal case, so Dr. Doright has no right to a hearing. b. Dr. Doright appears to have been denied the equal protection of the law. c. The firing by a state university is state action involving a property right that would entitle Dr. Doright to a hearing and an opportunity to respond to the allegations against him. d. The U.S. Constitution does not apply to this case.
C
Dr. David Doright is a professor at Towers State University. One day he has an argument with the president of the University over which team should win the next Super Bowl. The next day, Dr. Doright is fired for incompetence. He sues, claiming the firing is arbitrary and that he was denied an opportunity to respond to the charges. In this case: a. Dr. Doright has no right to a hearing because this is not a criminal case. b. Dr. Doright appears to have been denied the equal protection of the law. c. the firing by a state university is state action involving a property right that would entitle Dr. Doright to a hearing and an opportunity to respond to the allegations against him. d. the U.S. Constitution does not apply.
C
For the purposes of procedural due process, ____ includes certain entitlements conferred by government, such as social security payments and food stamps. a. the right of free speech b. equal protection c. property d. liberty
C
For the purposes of procedural due process, __________ includes certain entitlements conferred by government such as social security payments and food stamps. a. the right of free speech b. equal protection c. property d. liberty
C
Only the __________ Amendment to the Constitution, which abolishes slavery or involuntary servitude, applies to the actions of private individuals. a. First b. Ninth c. Thirteenth d. Fourteenth
C
Since the Supreme Court's abandonment of substantive due process as a critical check on legislation involving individual rights, the ____ Clause is now the most important clause in this regard. a. Procedural Due Process b. State Action c. Equal Protection d. Fundamental Rights
C
The State where Laura's father had lived passes a statute which requires that male heirs be preferred over female heirs in selecting an executor of an estate. Laura, a lawyer, would like to be the executor of her father's estate, but so would her eighteen-year-old brother who just flunked out of college. She challenges the provision as being a violation of the equal protection clause of the Fourteenth Amendment. The case is now under consideration by the United States Supreme Court. In deciding the constitutionality of the provision, the Court will: a. apply the rational relationship test. b. apply the strict scrutiny test. c. apply the intermediate standard test. d. create a new test.
C
The U.S. Constitution provides that Congress has the power to regulate commerce with other nations and among the states. The Commerce Clause has what effect(s)? a. It provides a broad source of power for the federal government to regulate the economy. b. It restricts state regulations that obstruct or unduly burden interstate commerce. c. Both (a) and (b). d. Neither (a) nor (b).
C
The ____ Clause protects against impairing the charter of a corporation formed under a state incorporation statute. a. Supremacy b. Commerce c. Contract d. Takings
C
The ____ case declared the authority of courts to examine governmental actions to determine whether they conform to the U.S. Constitution. a. Abrams v. United States b. Marsh v. Alabama c. Marbury v. Madison d. McCulloch v. Maryland
C
The doctrine aimed at preventing any branch of government from gaining too much power is: a. judicial review. b. federalism. c. separation of powers. d. preemption.
C
The main purpose of The Bill of Rights was to: a. enumerate all of the rights of U.S. citizens. b. list the powers of the federal government. c. provide for restrictions on the power of the federal government. d. provide limitations on the powers of individuals.
C
The main purpose of the Bill of Rights was to: a. enumerate all of the rights of U.S. citizens. b. list the powers of the federal government. c. provide for restrictions on the power of the federal government. d. provide limitations on the powers of individuals.
C
The provision that private property shall not be taken for public use without just compensation is found in: a. the First Amendment. b. the Ninth Amendment. c. state constitutions. d. the Eminent Domain Statute enacted by Congress.
C
The state of Alabama passes a statute which requires that male heirs be preferred over female heirs in selecting an executor of an estate. Laura, a lawyer, would like to be the executor of her father's estate, but so would her eighteen-year-old brother who just flunked out of college. She challenges the provision as being a violation of the Equal Protection Clause of the Fourteenth Amendment. The case is now under consideration by Alabama's highest court. In deciding the constitutionality of the provision, the court will: a. apply the rational relationship test. b. apply the strict scrutiny test. c. apply the intermediate standard test. d. create a new test
C
Which equal protection test is applied to cases based on gender and legitimacy? a. The rational relationship test. b. The strict scrutiny test. c. The intermediate test. d. All of the above.
C
Which of the following is correct with regard to the powers of government in the United States? a. The federal government is not a government of enumerated powers. b. The federal government is all-powerful except in cases of state criminal law. c. Legislation enacted by Congress does not need to be based on a specific power granted to the federal government by the Constitution. d. Congress may not enact legislation that affects the states.
C
A classic and important example of strict scrutiny of classifications based upon race is the 1954 school desegregation case of: a. Board of Curators of the University of Missouri v. Horowitz. b. Brentwood Academy v. Tennessee Secondary School Athletic Association. c. Parents Involved in Community Schools v. Seattle School District No. 1. d. Brown v. Board of Education of Topeka.
D
A classic and important example of strict scrutiny of classifications based upon race is the desegregation case of: a. Board of Curators of the University of Missouri v. Horowitz. b. Silkwood v. Kerr-McGee Corporation. c. New York Times v. Sullivan. d. Brown v. Board of Education of Topeka.
D
A woman claiming sex discrimination because she was passed over for a promotion by her employer, a local corporation specializing in the manufacture of automobile parts, would have her case reviewed under the __________ test of the Equal Protection Clause. a. rational relationship b. intermediate c. strict scrutiny d. None of the above
D
All but which of the following is an exclusive federal power? a. The power to establish laws regarding bankruptcy. b. The power to grant copyrights. c. The power to enter into treaties. d. Police power.
D
Constitutions serve which of the following functions? a. They are the supreme law of their jurisdictions. b. They establish the structure of and allocate power among the levels of government. c. They impose restrictions upon the powers of government and enumerate rights of the people. d. All of the above.
D
Which of the following is included within the term "property" for purposes of procedural due process? a. Real property b. Social Security payments c. Food stamps d. All of the above.
D
John is a Haitian who has obtained U.S. citizenship. State X passes a law that all Haitian-born citizens must submit to AIDS testing. The courts will review this law based on: a. deferring to the legislature to determine whether such a classification of persons is constitutionally permissible. b. clear and convincing evidence that there is no reasonable basis for the legislation. c. the rational relationship test. d. the strict scrutiny test.
D
Which of the following is included within the term "property" for purposes of procedural due process? a. Real property. b. Social security payments. c. Food stamps. d. All of the above.
D
John is a white Haitian who has obtained U.S. citizenship. State X passes a law that all Haitian-born citizens must submit to AIDS testing. The courts will review this law based on: a. deference to the legislature as to whether such a classification of persons is constitutionally permissible. b. whether there is clear and convincing evidence that there is no reasonable basis for the legislation. c. the rational relationship test. d. the strict scrutiny test.
D
Judicial review extends to: a. legislation. b. acts of the executive branch. c. decisions of inferior courts. d. All of the above.
D
Judicial review is: a. a power of federal, but not state, courts. b. a check by the judicial branch on legislative action. c. a check by the judicial branch on executive action. d. Both (b) and (c) are correct.
D
Judicial review: a. scrutinizes actions of federal, but not state, governments. b. is a check by the judicial branch on legislative action. c. is a check by the judicial branch on executive action. d. Both (b) and (c) are correct.
D
Procedural due process pertains to governmental decisions depriving a person of: a. life. b. liberty. c. property. d. All of the above.
D
Procedural due process would require the government to establish a set of fair procedures in all but which of the following cases? a. Where Social Security benefits are denied. b. Where a juvenile criminal is sent to a detention home. c. Where a professor is fired from his tenured position. d. Where a college student is denied a private scholarship.
D
Procedural due process would require the government to establish a set of fair procedures in all but which of the following cases? a. Where Social Security benefits are refused. b. Where a juvenile criminal is sent to a detention home. c. Where a professor is fired from his tenured position. d. Where a college student is denied a private scholarship.
D
State X passes legislation that requires that unless a mother of children under the age of 7 is found to be unfit, custody in divorce proceedings should be awarded to the mother and not the father. If this statute is challenged, the court will: a. defer to the legislature and will not determine whether such a classification of persons is constitutionally permissible. b. determine that fundamental rights and suspect classification are involved in this legislation. c. only require that the legislation conceivably bears some rational relationship to a legitimate governmental interest. d. review the legislation to see if the preference to mothers bears a substantial relationship to an important governmental objective.
D
State X passes legislation that requires that unless a mother of children under the age of 7 is found to be unfit, custody in divorce proceedings should be awarded to the mother and not the father. If this statute is challenged, the court will: a. not defer to the legislature and will independently determine whether such a classification of persons is constitutionally permissible. b. determine that fundamental rights and a suspect classification are involved in this legislation. c. only require that the legislation conceivably bear some rational relationship to a legitimate governmental interest. d. review the legislation to see if it bears a substantial relationship to an important governmental objective.
D
Strict scrutiny is used by the U.S. Supreme Court to carefully scrutinize: a. the First Amendment right of freedom of religion. b. the right to engage in interstate travel. c. the right to vote. d. All of the above are situations where strict scrutiny would be applied.
D
The Bill of Rights: a. serves as a major restriction on the powers and authority of the federal government. b. does not apply directly to the states, but the Supreme Court has held that the Fourteenth Amendment makes many of its principles applicable to the states. c. consists of ten amendments to the U.S. Constitution that were adopted in 1791. d. All of the above are correct.
D
The Commerce Clause in combination with the __________ limits the power of the states to tax. a. Fifth and Fourteenth Amendments b. Equal Protection Clause of the Fourteenth Amendment c. Takings Clause d. Import-Export Clause
D
The Commerce Clause in connection with the ____ limits the power of the states to tax. a. Fifth and Fourteenth Amendments b. Fourteenth Amendment c. principle of separation of powers d. Import-Export Clause
D
The Contract Clause prevents a state from: a. making contracts with private individuals. b. affecting any agreements between parties. c. contracting with another state. d. None of the above.
D
The states may enact legislation concerning a subject in which there is a federal statute if: a.there is a writ of certiorari to the U.S. Supreme Court. b. Congress expressly grants that power to the state. c. the states reserve the right at the time the federal statute is enacted. d. None of the above.
D
Under substantive due process, legislation affecting which of the following would be strictly scrutinized as affecting fundamental rights? a. The right to receive federally guaranteed student loans. b. The right to marry someone from a particular ethnic background if both parties wanted to marry. c. The right of free speech. d. Both (b) and (c).
D
Which amendment prohibits the government from depriving any person of life, liberty, or property without due process of law? a. First. b. Fifth. c. Fourteenth. d. Both (b) and (c). e. All of the above.
D
Which of the following is correct with regard to the Bill of Rights? a. It serves as a major restriction on the powers and authority of the federal government. b. It does not apply directly to the states, but the Supreme Court has held that the Fourteenth Amendment makes many of its principles applicable to the states. c. It consists of ten amendments to the U.S. Constitution that were adopted in 1791. d. All of the above are correct.
D
The First Amendment's guarantee of free speech applies to: a. corporate political speech. b. obscenity. c. commercial speech. d. defamation. e. (a), (c), and (d) are correct.
E
Which of the following activities is regulated by the federal government through its exercise of the commerce power? a. Federal crimes b. Electronic funds transfers c. Civil rights in employment d. Environmental protection e. All of the above.
E
"Actual malice" in defamation cases against the press requires a showing that a reporter intentionally lied.
False
Defamation
a tort consisting of a false communication that injures a person's reputation; such a communication receives limited Constitutional protection.
Separation of Powers
allocation of powers among executive, legislative, and judicial branches of government.
Substantive Due Process
determination of whether a particular government action is compatible with individual liberties.
Procedural Due Process
requires the government decision-making process to be fair and impartial if it deprives a person of; life, liberty, and property.
Equal Protection
requires the similarly situated persons to be treated similarly by governmental actions.
Contract Clause
restricts States from retroactively modifying public charters and private contracts
Federal Preemption
right of the Federal government to regulate matters within it's power to the exclusion of regulation by the States.
Intermediate Test
standard of review applicable to regulation based on gender and legitimacy.
Rational Relationship Test
standard of review used to determine whether economic regulation satisfies the equal protection guarantee.
State Regulation of Commerce
the Commerce Clause of the Constitution restricts the States' power to regulate activities if the results obstruct interstate commerce.
Federal Fiscal Powers~ Taxation and Spending
the Constitution grants Congress broad powers to tax and spend; such powers are important to Federal regulation of the economy.
Federalism
the division of governing power between the Federal government and the States.
First Bank would like to place some ads in the local newspaper in support of proposed legislation that it believes would increase its revenues, but there is a local ordinance that prohibits such ads. First Bank consults its attorney because it would like to challenge the ordinance as unconstitutional. In all likelihood, the ordinance is a violation of First Bank's rights of free speech under the First Amendment.
true
In addition to acting as a broad source of federal power, the Commerce Clause also restricts the power of the states to regulate activities if the result obstructs or unduly burdens interstate commerce.
true
In equal protection cases involving economic regulation, the courts use the rational relationship test.
true
In relation to the Takings Clause, public use has been held to be synonymous with public purpose.
true
Most forms of speech are protected by the strict or exacting scrutiny standard.
true
Powers given exclusively to the federal government under the U.S. Constitution include the power to establish laws governing bankruptcy and to coin money.
true
Restrictions may be placed on an individual's right to free speech.
true
States have powers to enact regulations if Congress has not preempted state regulation by enacting legislation within its constitutional powers.
true
States may enact legislation even where the federal government has created laws.
true
The Bill of Rights restricts the power and authority of the federal government.
true
The Bill of Rights was approved by the first Congress to guarantee that the federal government would not abuse its powers.
true
The Commerce Clause limits the power of states to tax.
true
The Contract Clause of the Constitution applies only to the actions of state governments and not to the federal government.
true
The First Amendment guarantee of free speech applies not only to individuals but also to corporations.
true
The Fourteenth Amendment restricts the power of states to tax.
true
The Minnesota Housing Authority plans to begin eminent domain proceedings to acquire 100 homes to rent to low-income persons. The Housing Authority wants to pay as little as possible for the homes so that they can acquire more homes in the future, but the homeowners insist they are entitled to the fair market value of the property. In a court hearing on the matter, the homeowners are likely to prevail.
true
The Supreme Court has held that, under the Due Process Clause, a driver's license is property which cannot be revoked without procedural due process.
true
The U.S. Supreme Court can invalidate a law if it conflicts with the U.S. Constitution.
true
