Chapter 5 - BA3301 Midterm Exam
T/F Arizona cannot have different standards for admitting in-state and out-of-state residents to the practice of medicine because of the Full Faith and Credit Clause.
TRUE
T/F Federalism is the doctrine that the powers of government are shared between the states and the federal government
TRUE
T/F If a person claimed that a law was denying him employment opportunities based on gender, the Court would review the law under the Civil Rights Act.
TRUE
T/F One function of the Constitution is to protect individual rights by limiting the role of government.
TRUE
T/F The federal government may regulate any activity that "substantially affects interstate commerce" even if that activity takes place entirely within the borders of the state.
TRUE
T/F The government's right to seize private property for public use extends only to real property and not to personal property.
TRUE
T/F When there is a conflict between federal and state law, federal law prevails because of the Supremacy Clause.
TRUE
When both the states and the federal government can regulate an activity they are said to exercise __________________. a. Concurrent powers b. Exclusive jurisdiction c. Checks and balances d. Eminent domain
a. Concurrent powers
A state law will be invalid if it conflicts with a federal law because of the ________Clause. a. Supremacy b. Commerce c. Privileges and Immunities d. Establishment
a. Supremacy
Assume that Delaware wants to discourage non-Delaware residents from becoming members of the Delaware Bar and practicing law in Delaware. Assume also that it enacts a law requiring that non-residents score 100 points higher on the Bar Exam than residents have to score. What constitutional provision would a non-resident claim is violated by this law? a. The Privileges and Immunities Clause b. The Full Faith and Credit Clause c. The Reservation of Powers Clause d. The Fourteenth Amendment
a. The Privileges and Immunities Clause
Under the Constitution, the powers of the executive, legislative and judicial branches are designed to restrain the powers of the other branches. This process is know as a. Governmental restraint b. Checks and balances c. Executive oversight d. Legislative prerogative
b. Checks and balances
The American political system, which divides the power of government between states and a sovereign federal government, is an example of___________. a. Bicameral government b. Federalism c. Socialism d. Capitalism
b. Federalism
The provision in the Constitution that requires that the courts in each state recognize the validity of contracts and court decisions from other states is the _________Clause. a. Privileges and Immunities b. Full Faith and Credit c. Supremacy d. Takings
b. Full Faith and Credit
The federal government has exclusive control over all aspects of private and commercial aviation in the United States. This is an example of the federal government's power to _______________an area of regulation. a. Usurp b. Preempt c. Occlude d. Dominate
b. Preempt
If a private employer denied an employee the right to speak freely about political issues in the workplace, the employee could not claim a First Amendment violation because the element of _____________is missing. a. Malice b. State action c. Mens rea d. Scienter
b. State action
The Constitution gives which of the following government bodies the power to approve international treaties? a. The House of Representatives b. The Senate c. The House and the Senate must jointly approve treaties d. The House of Representatives and the State Department
b. The Senate
The U.S. Senate is composed of _______________representatives from each state. a. One b. Two c. Four d. At least one, but the actual number depends on the population of the state.
b. Two
Where is the President's Oath of Office stated? a. Justice Roberts' personal notebook b. US Constitution c. Declaration of Independence d. Quran.
b. US Constitution
Which of the following Articles of the United States Constitution established the judiciary? a. Article One b. Article Two c. Article Three d. Article Five
c. Article Three
Assume that the University institutes a curfew for the female students who live on campus. To protect both the safety and morals of its female population, the University requires that the female students be in their dorms by 1:00 a.m. every night. There is no curfew for male students because they are less likely to be victims of attacks. If I.B. Late and Nellie Nightowl want to protest, which provision of the Constitution will they claim is being violated? a. The Privileges and Immunities Clause b. The Savings Clause c. The Due Process Clause of the 5th Amendment d. The Equal protection Clause of the 14th Amendment
d. The Equal protection Clause of the 14th Amendment
Which of the following would constitute a "taking" of personal property by the government? a. A forced sale of land to construct a highway b. The rezoning of an area so that formerly permitted uses of the property are lost. c. The fire department's burning down a warehouse to create a firebreak to keep a blaze from spreading. d. All of the above are "takings"
d. All of the above are "takings"
Which of the following is not a requirement for procedural due process? a. Notice of the charges or the impending government action b. A hearing before an impartial magistrate or body c. Opportunity to appeal the outcome of the hearing. d. All of the above are requirements of due process.
d. All of the above are requirements of due process.
Assume that Connecticut took 600 acres of private property to build an overpass over a major state road. This is an exercise of the state's power of _________. a. Preemption b. Attainder c. Quo warranto seizure d. Eminent domain
d. Eminent domain
The Age Discrimination in Employment Act is a federal statute which makes it illegal for businesses to discriminate against employees who are 40 years of age or older. The power of the federal government to regulate the hiring activities of private businesses is found in the a. Privileges and Immunities clause b. Commerce Clause c. Spending Clause d. Nineteenth Amendment
d. Nineteenth Amendment
In order to protect the health and welfare of its residents, Maryland has a law requiring that all public swimming pools be tested daily for bacteria. Maryland passed this law pursuant to its ________________powers. a. Protective b. Enumerated c. Enabling d. Police
d. Police
The power of the courts to declare legislation invalid because it violates the Constitution is the power of Judicial review. This power of the courts was confirmed in a. The Articles of Confederation b. The Declaration of Independence c. A specific grant of authority in Article II of the Constitution d. The Supreme Court decision in Marbury. v Madison
d. The Supreme Court decision in Marbury. v Madison
The Constitutional basis for the right of privacy is a. A specific guarantee found in the 5th Amendment. b. A specific guarantee found in the 14th Amendment c. A judicial construction based on the pursuit of happiness guarantee in the Declaration of Independence d. The Supreme Court's finding that the right of privacy, although not expressly stated, is inherent in a number of Amendments.
d. The Supreme Court's finding that the right of privacy, although not expressly stated, is inherent in a number of Amendments.
T/F It is the exclusive power of the House of Representatives to ratify treaties made by the President
FALSE
T/F The First Amendment is interpreted to include political free speech for corporations.
FALSE
T/F The power of the federal government to completely regulate an activity, to the exclusion of any state regulation, is the power of occlusion.
FALSE
T/F The powers of the states are enumerated in Article I, Section 8 of the Constitution.
FALSE
T/F A private employer's refusal to give an employee overtime pay would almost certainly be a violation of state law.
FALSE
T/F Commercial speech is given the same high level of protection from government interference as political speech.
FALSE
T/F Contraceptive use, marriage and abortion are rights granted in the Eighth Amendment.
FALSE
Assume that Iowa passes a law requiring that all beverages sold in the state in plastic containers must be bottled in #1 plastic. Assume also that it is the practice in the bottling industry to put beverages in #2 containers. Special bottles will have to be bought for distribution in Iowa and special procedures developed for their handling. If out- of- state bottlers bring suit challenging the constitutionality of Iowa's law, which test will the court apply? a. Is the law rationally related to any legitimate state interest? b. Does the law reasonably accommodate the needs of the bottling industry? c. Does the law impose an undue burden on interstate commerce without conferring a substantial benefit on Iowa? d. Is the law necessary to meet a compelling state interest?
c. Does the law impose an undue burden on interstate commerce without conferring a substantial benefit on Iowa?
Which of the following is a provision of the USA Patriot Act designed to protect the right of privacy? a. Suspension of habeas corpus b. Reinstitution of ex post facto laws c. Establishment of a special court to issue warrants for certain types of searches d. Suspension of the Exclusionary Rule
c. Establishment of a special court to issue warrants for certain types of searches
The power of the courts to declare legislation invalid because it violates the Constitution is the power of ___________________. a. Judicial discretion b. Res judicata c. Judicial review d. Judicial oversight
c. Judicial review
The dormant commerce refers to a. The power of the federal government to regulate interstate commerce b. The power of the federal government to regulate commerce with foreign nations c. Restrictions on state regulations that burden interstate commerce d. The power reserved to the Chief Executive to regulate commerce in national emergencies.
c. Restrictions on state regulations that burden interstate commerce
When it is unclear whether a piece of federal legislation intends to preclude all state regulation of the same activity, it is the responsibility of ___________ to determine the applicability of the statute. a. The House of Representatives, if the legislation originated there. b. The Senate, if the legislation originated there c. The courts d. The Chief Executive.
c. The courts
