blaw chapter 5

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? a. It would have to be shown that the law reaches no further than necessary to promote the state goal. b. All of the above. c. It would have to be shown that the law directly and materially advances the state's goal of a more aesthetically pleasing environment. d. It would have to be established that the law furthers an interest of the state of Nevada to create a more aesthetically pleasing environment.

all of the above

The 14th Amendment's Equal Protection Clause "strict scrutiny" test will be used when the legislation a. affects an economic interest. b. affects a person's right to drink alcoholic beverages. c. differentiates on the basis of race. d. affects a person's right to drive.

differentiates on the basis of race

Obscene speech is protected by the First Amendment.

false

The "takings clause" prevents the government from taking private property for any reason.

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.

false

The Framers of our Constitution, a true cross section of the population at the time, created the Constitution by amending the Articles of Confederation, which had been the governing document of the colonists.

false

The power to create laws regulating international commerce is given jointly to Congress and the states under the U.S Constitution.

false

If Oregon passed a statute that prohibited liquor stores from engaging in any kind of advertising, that statute would be a. invalid as an unreasonable restriction of free speech. b. valid, as alcohol is illegal for minors. c. invalid as a violation of the Commerce Clause. d. valid as an exercise of police power.

invalid as an unreasonable restriction of free speech

The idea that courts should not be heavily involved in lawmaking, but rather should only rule in cases where the constitutionality is clear is known as a. judicial reform. b. judicial activism. c. judicial review. d. judicial restraint.

judicial restraint

Ikerd was entering the United States from a trip abroad when the Customs Service confiscated some goods she had purchased and brought back with her. The determination of whether the government is attempting to take property and what type of hearing the Customs Service must offer Ikerd is an analysis of a. the Takings Clause. b. eminent domain. c. substantive due process. d. procedural due process.

procedural due process

Smalltown, located in a border state, seemed to favor Caucasians over Latinos in its hiring practices. The courts will review the practice using a. strict scrutiny. b. intermediate scrutiny. c. Supremacy Clause scrutiny. d. minimal scrutiny.

strict scrutiny

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. procedural due process. b. substantive due process. c. eminent domain. d. judicial restraint.

substantive due process

The states have a severely restricted power to enact laws that affect interstate commerce. This concept is called a. the undue burden concept. b. federalism. c. constitutional hierarchy. d. the dormant aspect of the Commerce Clause.

the dormant aspect of the Commerce Clause.

The Bill of Rights refers to a. a specific listing of individual rights found in the original text of the Constitution. b. a grouping of individual rights set forth by the United States Supreme Court shortly after the Constitution was ratified by the states. c. the first ten amendments to the Constitution. d. the inalienable rights found at the beginning of the Constitution.

the first 10 amendments of the Constitution

When Congress passed a criminal statute called the "Gun-Free School Zones Act," the Supreme Court ruled that a. the law was valid as a proper exercise of the power to regulate interstate commerce. b. the law was void for vagueness; thus, it was not valid. c. the law was not valid since Congress exceeded its power under the Commerce Clause. d. 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.

the law was not valid since Congress exceeded its power under the Commerce Clause

The United States v. Lopez case demonstrates which of the following? a. The states have extensive power to regulate interstate commerce. b. There are limitations on federal power. c. There are no limitations on the federal government's power pursuant to the Interstate Commerce Clause. d. Gun ownership cannot be regulated.

there are limitations on federal power

By creating three independent and equal branches of the federal government, the U.S. Constitution prevented the federal government's power from being concentrated in one person

true

Eminent domain refers to the government's ability to take private property for public use.

true

The Pines, a small motel in central Georgia, may be subject to federal regulation even though it is not close enough to the state borders to have many guests from other states.

true

The amendments to the U.S. Constitution protect the people from the power of state and federal governments.

true

The primary source of federal power to regulate business is the a. Contract Clause. b. Supremacy Clause. c. Commerce Clause. d. Privilege and Immunities Clause.

Commerce Clause

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. Congress may regulate Thompson's farming activity because it has a substantial economic effect on interstate commerce. d. only Thompson's local government can regulate his farming activity.

Congress may regulate Thompson's farming activity because it has a substantial economic effect on interstate commerce

If there is a conflict between a state and federal law, generally the federal law will prevail because of the a. paramount doctrine. b. federalism doctrine. c. Interstate Commerce Clause. d. Supremacy Clause.

Supremacy Clause

The doctrine of preemption is based on the Constitution's a. Supremacy Clause. b. Commerce Clause. c. Due Process Clause. d. Equal Protection Clause.

Supremacy Clause

Hal was arrested for burning the United States' flag in a protest of governmental policy. His action is protected under the First Amendment's guarantee of free speech because the flag burning is considered symbolic speech

True