BLAW2200 - Chapter 5 Constitutional Law

Which amendment to the U.S. Constitution states that the government cannot deprive a person of life, liberty, or property without due process of law?

Fifth Amendment

The _______ Amendment of the U.S. Constitution prohibits government from conducting unreasonable searches of individuals and seizing their property to use as evidence against them.

Fourth

Which constitutional amendment states "The enumeration in the COnstitution, of certain rights, shall not be construed to deny or disparage others retained by the people"?

The Ninth Amendent

Which constitutional amendment states "THe enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people"?

The Ninth Amendment

Today, most federal regulations are exercises of Congressional authority according to the

commerce clause of the U.S. Constitution

Which amendment in the Bill of Rights prohibits cruel and unusual punishment?

eighth amendment

Which of the following rights is protected by the First Amendment to the U.S. Constitution?

freedom of the press

Pursuant to the equal protection clause of the Fourteenth Amendment to the U.S. Constitution, if a law's classification scheme is based on gender or on the legitimacy of children, courts use ______.

intermediate review

When the state and federal governments have concurrent authority but the federal government decides to regulate the area exclusively, the state law is unconstitutional according to the doctrine of federal ________.

preemption

Which of the following is included in the Fifth Amendment to the U.S. Constitution?

protection against double jeopardy

To show that a law that does not affect fundamental rights satisfies the substantive due process requirement, the government must prove that the law bears a ____ to a legitimate state interest.

rational relationship

Under the ___________ test, courts ask whether there is an justifiable reason to believe that the classification scheme advances a legitimate government interest.

rational-basis

According to the intermediate scrutiny standard, a law is constitution only if it is ____ related to an important government objective.

substantially

To satisfy the ______ due process requirement, the government must have a proper purpose for enacting laws that restrict individuals' liberty or the use of their property.

substantive

The first ________ amendments to the U.S. Constitution are collectively known as the Bill of Rights.

ten

Identify the primary source of authority for federal regulation of business.

the commerce clause of the U.S. Constitution

Which constitutional clause combats discrimination because it applies whenever government treats individuals differently than other similarly situated individuals, usually through a classification scheme?

the equal protection clause

Which amendment to the U.S. Constitution contains the equal protection clause, which prevents states from denying "The equal protection of the laws" to any citizen?

the fourteenth amendment

Which of the following is not prohibited by the establishment clause of the First Amendment to the U.S. Constitution?

the freedom to practice religion as an individual sees fit

Article I, Section 8 of the U.S. Constitution expressly provides Congress with spending power regarding all but which of the following?

the power to pay for the legal representation of a defendant in a civil case

Pursuant to the substantive due process requirement, which of the following rights protected in the constitution does not bear a substantial relationship to a compelling government purpose?

the right to controlled rent

The ____ clause of the First Amendment to the U.S. Constitution includes the absolute freedom to believe in God, a god, more than one god, or no god at all.

free exercise

The dormant commerce clause is a restriction on states' authority that is ____ of the U.S. Constitution.

implied in the commerce clause

Which of the following is included in the Fifth Amendment to the U.S. Constitution?

the privilege against self-incrimination

Which of the following rights is not protected by the First Amendment to the U.S. Constitution?

the privilege against self-incrimination.

________ of the U.S. Constitution states that "Citizens of each state shall be entitled to all Privileges and Immunities of Citizens in the several States."

Article IV, Section 2

______ speech conveys information related to the sale of goods and services

Commercial

According to the Bill of Rights, which of the following is a true statement regarding commercial speech?

Commercial speech is broader than just advertisements.

Which of the following is not recognized test to determine whether a particular government statute violates the establishment clause of the First Amendment to the U.S. Constitution?

Does a majority of the U.S. population favor a particular religion?

Police power consists of all except which of the following?

International trade agreements

Which of the following is true for the Fourth Amendment to the U.S. Constitution?

It protects individuals and their homes, and also corporations and places of business, against warrantless searches in criminal cases.

______ is the power of a court to review legislative and executive actions to determine whether they are constitutional.

Judicial Review

________ due process refers to the basic fairness of laws that may deprive an individual of life, liberty, or property

Substantive

Which of the following is an accurate statement regarding the taxing power of the federal government?

The tax rate imposed by Congress must be uniform from state to state.

______ of the U.S. Constitution states that government may not pass any "Law impairing the obligation of Contracts."

Article I, Section 10

Which of the following is not a type of unprotected speech?

corporate speech

______ of the U.S. constitution contains the full faith and credit clause.

Article IV, Section 1

_________ authority means that both the state and federal government have the power to regulate the same subject matter.

Concurrent

The supremacy clause is located in Article VI of the _______

Constitution

Which of the following is an accurate statement regarding the Fifth Amendment to the U.S. Constitution's privilege against self-incrimination?

Different businesses have different rights related to the privilege against self-incrimination, depending on their form of business organization.

Which of the following is not a pertinent question to ask in applying the Central Hudson Test for commercial speech?

Does the regulation violate the Tenth Amendment to the U.S. Constitution?

According to the ______ exception to the search warrant requirement, if an industry has a long history of well-established regulation, a warrantless search is not unreasonable

Pervasive- regulation

Corporations engage in ____ speech when they support a particular candidate or referenda

Political

Government officials can obtain search warrants only if they can show ___ to believe that the search will uncover specific evidence of criminal activity.

Probable Cause

One of the types of due process guaranteed by the due process clause is the ______ ______ ______, which requires the government to use fair procedures before depriving a person of his or her life, liberty, or property

Procedural and due process

_____ is a system of government according to which the authority to govern is divided between federal and state governments.

Federalism

Which amendment in the bill of rights prevents government from trying citizens twice for the same crime?

Fifth Amendment

Which amendment to the U.S. Constitution includes the free-exercise clause?

First Amendment

Courts have interpreted the Ninth Amendment, in conjunction with the ____ Amendments, as providing individuals with a right to privacy.

First, Third, Fourth, and Fifth

Which of the following is a true statement regarding the fifth amendment's due process clause?

For businesspeople and corporations, the fifth amendment's due process clause provides extensive protection.

According to the _______ of the Fifth amendment of the US constitution, when government takes private property for public use, it must pay the owner just compensation for the property

Takings Clause

Which of the following is true regarding the bill of rights?

The federal and state governments cannot deprive individuals of the freedoms protected by the Bill of Rights.

For the purpose of regulating the three branches of the federal government, the U.S. Constitution establishes a system of ______ designed for each branch's powers to keep the other branches from dominating the government.

checks and balances

Under the strict scrutiny test, suspect classifications include all but which of the following?

classifications based on age

Pursuant to the requirement of substantive due process, laws affecting fundamental rights must bear a substantial relationship to a(n) ____ government purpose.

compelling