BLAW 300 Ch. 4 Mindtap Practice Questions

Symbolic speech is NOT covered by the Bill of Rights. a. True b. False

b. false The Supreme Court as well as other courts provide for substantial protection of symbolic speech. For example, wearing a t-shirt with the photo of a presidential candidate is a constitutionally protected form of speech.

The Fourteenth Amendment: a. guarantees freedom off the press b. prohibits a state from denying any person within its jurisdiction equal protection of the laws c. Allows the government to determine if a trial will be by a judge or jury.

b. prohibits a state from denying any person within its jurisdiction equal protection of the laws

A Minnesota statute required all operators of slow-moving vehicles to display a fluorescent red triangular sign. Henderson, a member of the Amish religion, was charged with violating the statute. His defense was that the law violated his First Amendment right to freedom of religion because displaying "loud" colors on his slow-moving black buggy conflicted with his religious belief that he should remain separate from the modern world. Henderson stated that he was willing to display the sign if he could use silver, instead of red, reflective tape, which was equally effective. The state argued that the law applied to all equally. The court most likely found that the statute, as it applied to Henderson, was a. unconstitutional under the due process clause. b. unconstitutional under the free exercise clause. c. constitutional under the safety clause. d. constitutional under the free exercise clause.

b. unconstitutional under the free exercise clause.

Privacy can be found in the constitution in the -----, -----, ------, ------, and ------- amendments?

First, Third, Fourth, Fifth, and Ninth Amendments

All powers expressly "reserved" to the states fall under the a. Tenth Amendment b. Eighth Amendment

A. Tenth Amendment

As originally intended, the first ten amendments to the Constitution limited only the power of a. State government officials b. The federal government c. Foreign citizens d. Commerce department officials

B. the federal government

You have an unrestricted license to operate a tourist boat in a bay off of Maui, Hawaii, which you received from the federal government. The state tells you that it has decided not to allow commercial use of that area. Will the new state action be upheld in the courts when you sue? a. Yes, because the State has sovereignty over their own physical actions b. Yes, because the federal government does NOT issue such licenses c. No, because the state action will be probably held unconstitutional under the Supremacy Clause

C. No, because the state action will be probably held unconstitutional under the Supremacy Clause

What type of powers do the states have to regulate or prohibit private activities? a. Zoning powers b. Sovereign powers c. Police power

C. Police Powers

Congress sets out a medical-device approval process for the Food and Drug Administration. The law includes a preemption provision. A device that goes through the process injures Eric, who sues under state law to recover. The court will most likely rule that a. The federal and state law claims are concurrent b. Eric's state law claim preempts the federal law c. The federal law preempts Eric's state law claim

C. The federal law preempts Eric's state law claim

Match each term to the correct definition: Terms: Establishment Clause / Free Exercise Clause Definitions: The provision in the First Amendment to the US Constitution that prohibits Congress from making any law "prohibiting the free exercise" of religion The provision in the First Amendment to the US Constitution that prohibits Congress from creating any law "respecting an establishment of religion."

Free Exercise Clause: The provision in the First Amendment to the US Constitution that prohibits Congress from making any law "prohibiting the free exercise" of religion Establishment Clause: The provision in the First Amendment to the US Constitution that prohibits Congress from creating any law "respecting an establishment of religion."

To determine whether a law violates the Equal Protection Clause, courts use one of three standards to "test" whether a person has been inhibited from exercising a fundamental right. Pick the three standards that the court may use to determine whether the law violates the Equal Protection Clause Words & Phrases: Due Process / Intermediate Scrutiny / Rational Basis Test / Discrimination Test / Strict Scrutiny

Intermediate Scrutiny, Rational Basis Test, Strict Scrutiny

Branch: Legislative Branch Judicial Branch Executive Branch Which role and example of checks and balances goes with each branch? Roles: Enforces the laws Makes the laws Interprets the laws Examples of C&B: But the executive branch (the president) has the constitutional authority to veto that law Has the power to hold actions of other two branches unconstitutional Responsible for foreign affairs; but treaties with foreign governments require the advice and consent of the senate.

Legislative Branch- Role: Makes the laws Example of C&B: but the executive branch has the constitutional authority to veto that law. Judicial Branch- Role: Interprets the laws Example of C&B: Has the power to hold actions of the other two branches unconstitutional Executive Branch- Role: Enforces the laws Example of C&B: Responsible for foreign affairs; but treaties with foreign governments require the advice and consent of the senate.

Match each term to the correct definition: Terms: Procedural Due Process Substantive Due Process Definitions: Limits what government may do in its legislative and executive capacities - legislation must be fair and reasonable The government must give a person proper notice ad opportunity to be heard so that the procedures are fair

Substantive Due Process: Limits what government may do in its legislative and executive capacities - legislation must be fair and reasonable. (Content) Procedural Due Process: The government must give a person proper notice ad opportunity to be heard so that the procedures are fair (Fairness)

State laws that allow the use of medical marijuana insulate users in those states from federal prosecution. a. True b. False

b. False While lawsuits have argued that it is unconstitutional for the federal statute to prohibit marijuana use for medical purposes when it is legal within a state, the Supreme Court has held that Congress has the authority to prohibit the intrastate possession of marijuana as part of a larger regulatory scheme. See The Constitutional Powers of Government

State police powers only authorize state police forces. a. True b. False

b. False Police powers include not only police forces, but the promotion of health, safety, and general welfare. See The Constitutional Powers of Government.

In 1824, the Supreme Court decided the landmark case a. Marbury vs. Madison b. Gibbons vs. Ogden c. Heart of Atlanta motel vs. the U.S. which ruled that commerce within the states could also be regulated by the national government.

b. Gibbons vs. Ogden

The U.S. Constitution created a a. Federal form of govt. b. Confederal form of govt. c. National form of govt.

a. Federal form of government

A Kansas City law imposes prison terms without a trial on street entertainers who operate in certain areas. A court would likely review this statute under the principles of: a. Equal protection b. Substantive Due Process c. Procedural Due Process

c. Procedural Due Process

Congress passes a law prohibiting cigars made in Cuba from being sold in the United States. The Florida state legislature then passes a law allowing the sale of Cuban cigars in Florida. If the constitutionality of the Florida law is challenged in court, it will most likely be a. struck down on the basis of the supremacy clause. b. struck down on the basis of the due process clause. c. upheld unless Congress expressly prohibits states from enacting laws regarding cigars. d. upheld on the basis of the supremacy clause.

a. struck down on the basis of the supremacy clause.

The compelling government interest test is used by the courts to determine whether a law regulating the content of speech will be permissible. a. True b. False

a. true

Garrett was a commercial tour boat operator on the northern coast of Kauai, Hawaii. He was licensed by the state of Hawaii to operate his boat in Hanalei Bay. The U.S. Department of Transportation and the U.S. Coast Guard also granted Garrett an unrestricted license to operate his boats in Hanalei Bay. Hawaii subsequently passed a law that banned all commercial use of Hanalei Bay. The state refused to renew Garrett's state license and ruled that he was not allowed to operate his vessel based on his federal licenses. Garrett sued the state, alleging that the state law that prohibited him from operating his boat conflicted with the federal law that authorized him to do so. The court probably found that the state law was a. unconstitutional under the equal protection clause. b. unconstitutional under the supremacy clause. c. constitutional under the supremacy clause. d. constitutional under the due process clause.

b. unconstitutional under the supremacy clause.

Gooding, Rhode Island, passes a law allowing only two street vendors to operate in a specific area for the purpose of reducing traffic. The court would likely review this ordinance under the principles of: a. the Due Process Clause b. the Commerce Clause c. the Equal Protection Clause

c. the Equal Protection Clause

Ocean City passes an ordinance that prohibits all churches from meeting within its city limits. This rule affects the residents' constitutional right to a. procedural due process. b. full faith and credit. c. interstate commerce. d. substantive due process.

d. substantive due process.

A city ordinance allows only two hot dog stands to operate in the city's downtown area. If someone who would like to add another hot dog stand challenges this ordinance under the equal protection clause, the rule will be subject to a. strict scrutiny. b. the police power test. c. intermediate scrutiny. d. the rational basis test.

d. the rational basis test.

Fill in the blank: Word Bank: Searches Petition People Speech First Amendment- Guarantees the freedoms of religion, --------, and the press and the right to assemble peaceably and to -------- the government. Fourth Amendement- Prohibits unreasonable --------- and seizures of persons or property. Ninth Amendment- Establishes that the -------- have right in addition to those specified in the Constitution.

First Amendment- Guarantees the freedoms of religion, SPEECH, and the press and the right to assemble peaceably and to PETITION the government. Fourth Amendement- Prohibits unreasonable SEARCHES and seizures of persons or property. Ninth Amendment- Establishes that the PEOPLE have right in addition to those specified in the Constitution.

Which of the following would NOT be regulated at the state level? a. Licensing requirements b. Antidiscrimination laws c. Parking regulations d. Interstate commerce laws e. Zoning restrictions f. Fire and building codes

D. Interstate Commerce Laws (Federal level)

A state legislature passes a statute prohibiting businesses from supporting any political candidate. If some business owners challenge the constitutionality of the law in court, will the law be upheld? a. No, because the law is an unconstitutional restriction on free speech. b. Yes, because political speech is restricted if "constitutionally permissible." c. No, because the business owners' privileges and immunities have been violated. d. Yes, because the law only prohibits political speech by businesses, not by individual citizens.

a. No, because the law is an unconstitutional restriction on free speech.

Someone tells the dean of your public college that he saw you cheating on an exam. The dean kicks you out of school without even talking to you. What type of due process has the dean probably violated? a. Procedural Due Process b. Substantive Due Process c. Academic Due Process

a. Procedural Due Process

Whenever the language in the Bill of Rights describing a right is overly broad or unclear in a particular situation, what does NOT occur: a. The individual state legislatures interpret the unclear language. b. Ultimately, the Supreme Court decides what the language means. c. One of the parties involved may bring a lawsuit.

a. The individual state legislatures interpret the unclear language

When there is a direct conflict between a federal and a state law, the state law is rendered invalid. - hint What does the Supremacy Clause in the U.S. Constitution say? a. True b. False

a. True

Most statutory rape laws apply to men, but not to women. Do these laws pass intermediate scrutiny? a. Yes, because males and females are not similarly situated and the state has an interest in preventing illegal teenage pregnancies. b. No, because they are not symmetrical with respect to males and females. c. Yes, because the state can legally discriminate when the legislature passes appropriate statutes.

a. Yes, because males and females are not similarly situated and the state has an interest in preventing illegal teenage pregnancies.

The Iowa legislature passed a law banning trucks 65 feet long or longer from operating on its roads and highways because big trucks do more damage to roads than smaller trucks and are involved in more serious accidents. Consolidated Freightways (CF) drove big trucks through Iowa on a regular basis, and these trucks were legal in other states. Switching to smaller trucks for trips through Iowa was inconvenient and costly. CF filed a lawsuit contending that the statute was unconstitutional. The court most likely found that the Iowa statute was a. unconstitutional under the "dormant" commerce clause. b. unconstitutional under the privileges and immunities clause. c. constitutional because Iowa had a compelling state interest in passing the law. d. unconstitutional under the supremacy clause.

a. unconstitutional under the "dormant" commerce clause

Article 1, Section 8, of the U.S. Constitution impacts business greatly and is referred to as the a. Supremacy Clause b. Commerce Clause c. Credit Clause d. Immunities Clause

b. Commerce Clause

A law that provides unemployment benefits only to people over six feet tall will pass the rational basis test? a. True b. False

b. False This law would fail the rational basis test because it would not further any legitimate government objective. See Due Process and Equal Protection.

In which landmark 1965 case did the Supreme Court hold that a constitutional right of privacy is implied by the First, Third, Fourth, Fifth, and Ninth Amendments? a. Olmstead v. United States b. Griswold v. Connecticut c. Johnson v. California

b. Griswold v. Connecticut

Your state passes a law prohibiting businesses from supporting political candidates. You go to court and challenge the law's constitutionality. Will the law be upheld? a. Yes, because commercial speech is restricted if "constitutionally permissible." b. No, because the law is an unconstitutional restriction of free speech. c. Yes, because the law only prohibits political speech by businesses, not individual citizens.

b. No, because the law is an unconstitutional restriction of free speech.

A state law that prohibits paper companies that have more than 200 employees from selling only narrow-lined paper would a. Violates procedural due process because regulations like this must be passed after a period of public input b. Violate the equal protection clause because there is no compelling government interest for more than one size of paper c. Be legal under the equal protection clause because consumer choice may be a legitimate government interest

c. Be legal under the equal protection clause because consumer choice may be a legitimate government interest

If you are a farmer who grows and sells locally, can you conclude that the Commerce Clause does NOT apply to your activities and actions? a. Yes, because your state legislature says so. b. Yes, because you are engaged in intrastate commerce. c. No, because the Supreme Court and Congress have interpreted the Commerce Clause extremely broadly.

c. No, because the Supreme Court and Congress have interpreted the Commerce Clause extremely broadly.

The greatly expanded the authority of government to monitor e-mails and Web site visits. a. Gramm-Leach-Bliley Act b. Privacy Act c. USA Patriot Act d. Health Insurance Act

c. USA Patriot Act

John operates a successful business selling child pornography. His enterprise is likely to be a. protected by the First Amendment. b. considered political speech. c. considered criminal. d. protected under the right to privacy.

c. considered criminal.

Provisions of the Fifth and Fourteenth Amendments guarantee that no person shall be deprived of life, liberty, or property without due process of law and this clause applies to all "legal persons," including: a. beings in nature, including humans and animals. b. individuals only. c. individuals and corporations.

c. individuals and corporations

The FBI has an open criminal investigation regarding potential terrorist activities in the U.S. The agency wants to gain access to personal information through Internet activities of certain individuals. Congress has passed which of the following acts that would allow the FBI to access this kind of information? a. Freedom of Information Act. b. Privacy Act. c. HIPAA. d. USA Patriot Act.

d. USA Patriot Act.

The city of Trenton, New Jersey, passed an ordinance making it unlawful to use any form of sound amplification on the city streets. Keller mounted a speaker on a truck. Through the speaker, he played music and spoke on a microphone while driving on city streets. Keller was convicted and fined $50. He appealed, arguing that the ordinance violated his rights of free speech and free assembly. The city claimed that the ordinance served a legitimate governmental function in keeping the city streets safe and orderly, and did not prohibit or unduly restrict any particular speech. The court probably found that the ordinance was a. unconstitutional under the equal protection clause. b. constitutional under the establishment clause. c. unconstitutional as an unreasonable restriction on fundamental rights. d. constitutional as a reasonable restriction on fundamental rights.

d. constitutional as a reasonable restriction on fundamental rights.