Ch 4 - The Constitution (Chapter Test)
When would hate speech not be protected by the First Amendment?
Hate speech that incites violence against a particular group of people would not be protected by the First Amendment.
If the government is attempting to take liberty or property, what question must be asked to ensure procedural due process is fair?
How much process is due to this person to make the taking fair?
A restriction on commercial speech will be valid if it meets three criteria. What are they? Choose 3 answers.
It must not be financially detrimental to a company. • It must directly advance a government interest. • It must not be overly restrictive to meet its objectives. • It must seek to implement a substantial government interest.
If a violation of a due process right cannot be prevented, what remedy might the victim be entitled to?
PENDING ANSWER
Under the First Amendment's Establishment Clause, what must businesses do?
PENDING ANSWER
If a municipality attempts to take private property under eminent domain but cannot prove the purpose is for the public good, what should be the result of the due process proceedings?
The taking should be denied or the property returned.
What is the class of persons called when the individuals are marked by an immutable or highly visible trait or are a part of a historically disadvantaged class?
a suspect class
Which of the following are classifications protected under the Equal Protection Clause? Choose 3 answers.
certain occupations • race and national origin • age and disability • religion and gender
What types of rights are protected by substantive due process?
constitutional liberties
Which of the following protected classes is considered a quasi-suspect class for the purpose of intermediate scrutiny?
gender
What is required for due process in criminal claims? Choose 3 answers.
indictment by a grand jury • access to legal counsel • adequate notice of the charge given to the defendant • a fair and speedy trial
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?
intermediate scrutiny
Which rights and freedoms are protected by substantive due process? Choose 3 answers.
making contracts • parenting • worshipping • marriage
What level of due process is required for action taken by administrative agencies?
only a hearing before the order becomes final
Which type of due process examines the steps the government goes through to justifiably deprive a citizen of liberty or property?
procedural due process
What is the lowest level of review by a court to determine whether a government action unconstitutionally infringes on protected rights?
rational basis review
The federal government may regulate which of the following under the authority it receives in the Commerce Clause? Choose 2 answers.
state laws and regulations that impact an area within a specified radius of the state's border the reasonable exercise of state police powers that indirectly affect interstate commerce • commerce that is within only one state that has a substantial effect on interstate commerce • all trade and commerce between states
What level of scrutiny is a court applying if it requires the government to have a compelling interest in regulating the protected behavior and to show that the law or regulation is narrowly tailored to that interest?
strict scrutiny
Which type of due process examines if there is justification for the government to deprive a citizen of liberty or property?
substantive due process
Which clause of the U.S. Constitution grants the federal government the authority to regulate the transaction of business between the states?
the Commerce Clause
What clause of the First Amendment guarantees that people may hold whatever religious beliefs they choose?
the Free Exercise Clause
Which of the following is the provision of the U.S. Constitution that establishes federal law precedence over state law?
the Supremacy Clause
In the case of Marbury v. Madison (1803), the U.S. Supreme Court held, for the first time, that:
the U.S. Supreme Court could review and invalidate a federal law that it deemed unconstitutional.
Which of these examples illustrate the idea of procedural due process? Choose 3 answers.
• Harold is expelled from university classes after being accused of cheating. He asks for a fair hearing. • Justine has been convicted of armed burglary and has filed an appeal. • Clarence is fired from his job with the IRS because a co-worker accused him of sexual harassment. He files an appeal. Aster goes to her precinct to vote and is told she has to have an ID. She did not realize the requirement had been enacted.
What is true of corporate political speech? Choose 2 answers.
• Political donations are protected by the First Amendment as types of corporate political speech. 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.
A government action will receive strict scrutiny if it impacts which of the following fundamental rights? Choose 3 answers.
• gun rights • voting • travel among the states social welfare
U.S. courts have identified which of the following classifications for protection under the Equal Protection Clause? Choose 3 answers.
• illegitimate children • non-U.S. citizens • undocumented alien children only a classification that is deemed a suspect classification
What type of speech does not receive First Amendment protections? Choose 3 answers.
• obscenity • threats to the president of the United States unpatriotic speech • speech that incites lawlessness
Which of the following protected classes are considered suspect classes for the purpose of strict scrutiny? Choose 2 answers.
• race gender age • national origin
What are the three levels of scrutiny used by courts to determine the constitutionality of a government action? Choose 3 answers.
• strict scrutiny • intermediate scrutiny factual basis review • rational basis review
