B Law Ch 4 Questions
The concept of federal law taking precedence over state or local law is commonly called the ________. A) Preemption doctrine B) Bill of Rights C) Due Process Clause D) Free Exercise Clause
A
) The president is elected by A) congress B) the electoral college C) the Supreme Court D) popular vote E) lottery
B
) Which of the following is correct with respect to freedom of speech? A) All speech receives the same degree of Constitutional protection. B) Some speech is not protected. C) Commercial speech receives no protection due to its profit motive. D) Most speech critical of the government can be restricted because such speech can be destabilizing.
B
Which of the following is a form of unprotected speech? A) offensive speech B) defamatory language C) commercial speech D) political speech
B
A state enacts a statute that permits one minute of mediation or voluntary prayer at the beginning of the school day. Does the law violate the Constitution? A) No; participation is voluntary. B) Yes; the Act violates the Establishment Clause. C) Yes; the Act violates the Free Exercise Clause. D) Yes; the Act violates the Equal Protection Clause.
B
Advertising is categorized as ________ speech. A) fully protected B) limited protected C) uncensored D) unprotected
B
Assume that a law is passed that establishes airline security screening requirements for male passengers that differ from the requirements for female passengers. In evaluating an equal protection challenge to this law, a court would use: A) strict scrutiny B) intermediate scrutiny C) limited scrutiny D) the rational basis test
B
Assume that a state passes a statute that prevents the disclosure of the horsepower of automobile engines. The purpose of this law is to prevent the car companies from trying to market cars with more horsepower than those of their competitors. This statute would most likely be found to: A) be constitutional under state police power B) be viewed as an unconstitutional restriction of commercial speech C) violate the Equal Protection Clause under intermediate scrutiny D) be found to violate substantive due process E) be found to violate procedural due process
B
If the federal government has chosen not to regulate an area of interstate commerce that it has the power to regulate under its Commerce Clause powers, this area of commerce is subject to the ________. A) Free Exercise clause B) Dormant Commerce clause C) Due Process clause D) Privileges and Immunities clause
B
If there is an area of interstate commerce that the federal government has chosen not to regulate, the states can: A) regulate without restriction in that area B) regulate in that area so long as the state law does not unduly burden interstate commerce C) regulate in that area so long as it first gets the requisite approval from Congress D) not regulate in that area because states cannot pass laws affecting interstate commerce E) not regulate in that area because the federal government's decision to not regulate in an area implies that there is to be no regulation in that area at any level
B
A certain state in the U.S. declares that its citizens should only wear "modest" clothing. Which of the following conclusions is made when this law is tested for substantive due process? A) unconstitutional for compulsion B) invalid for violation of equal protection clause C) void for vagueness D) invalid for violating freedom of expression
C
A(n) ________ test is applied to classifications of people based on a suspect class. A) strict scrutiny B) intermediate scrutiny C) rational basis D) cogent basis
A
An equal protection challenge to a statute that treats adults of different ages differently would be decided by using what standard? A) intermediate scrutiny B) majority scrutiny C) strict scrutiny D) rational basis scrutiny E) limited scrutiny
A
Assume that a federal regulation is adopted that requires bicycle manufacturers to disclose the weight of the largest frame size, fully equipped for riding, when they advertise the weight of a bicycle. If this requirement is challenged under freedom of speech, which of the following is most likely to occur? A) It would be found to be an acceptable regulation of commercial speech. B) It would be found to be an unacceptable prohibition of commercial speech. C) The court would not consider the case because this advertising is not political speech. D) The court would evaluate the restriction using strict scrutiny. E) There would be no violation because this does not prohibit speech, but requires it in certain circumstances.
A
Assume that the state of Kansas passes a law requiring all inline skates sold in Kansas to have disc brakes. Assume that there are no federal regulations covering inline skate design. Assume also, that the required disc brakes would make inline skates easier to stop and thus safer, but that they would add considerably to the cost of the skates and require extensive changes in design to meet the Kansas requirements. Which of the following is most likely true? A) Even though there are no federal regulations on the design of inline skates, the Kansas statute would probably be considered a burden on interstate commerce and thus unconstitutional. B) Because the required modification is a better design, the law would be constitutional. C) Because the statute does not conflict with a federal statute or regulation, it could not be found to be unconstitutional. D) If all manufacturers of inline skates stopped selling them in Kansas, there could be no constitutional violation because interstate commerce would not be involved.
A
Jerome wears a t-shirt that bears a picture of the current U.S. president. Under this picture, there are words which imply that the President is doing a bad job of running the country. In accordance to the Freedom of Speech Clause, which of the following is valid? A) Criticizing the current president is fully protected speech and Jerome cannot be prosecuted. B) Jerome could be arrested as his t-shirt violates the Freedom of Speech doctrine. C) Jerome wearing that t-shirt is an instance of limited protected speech. D) Wearing that t-shirt makes Jerome liable for prosecution on the basis of defamatory language.
A
The Indian Gaming Regulatory Act sets the terms of ________ activities on tribal land. A) casino gambling B) hunting and gathering C) agriculture and animal rearing D) mining
A
The ________ provides that federal law takes precedence over state or local law. A) Preemption doctrine B) Bill of Rights C) Due Process Clause D) Free Exercise Clause
A
The ________ requires that the government give a person proper notice and hearing of legal action before that person is deprived of his or her life, liberty, or property. A) procedural due process B) substantive due process C) Supremacy Clause D) Equal Protection Clause
A
The federal government's Social Security program, which pays benefits to older members of society but not to younger members of society, is lawful as examined by a(n) ________ test. A) rational basis B) intermediate scrutiny C) strict scrutiny D) due process
A
The legislative branch of government is referred to as ________ as it is comprised of the Senate and the House of Representatives. A) bicameral B) parliament C) electoral D) fully represented E) bipartisan
A
There are extensive federal regulations covering airplanes and pilots. Assume that the state of Missouri passes a statute containing numerous requirements, some conflicting with the federal rules, covering the licensing of airplane pilots and the operation of aircraft. A pilot's constitutional challenge to this statute would most likely succeed on the basis of: A) the preemption doctrine B) strict liability C) substantive due process D) the state police power
A
What type of commercial speech did the U.S. Supreme Court say was protected in the Greater New Orleans Broadcasting Association, Inc. v. United States case? A) information on gambling and lotteries B) obscene speech C) information about child pornography D) information on how to build a bomb
A
When the states ratified the Constitution, they delegated ________ powers to the federal government. A) enumerated B) reserved C) police D) statutory
A
Which of the following does not receive protection under the U.S. Constitution? A) obscene speech B) offensive speech C) both obscene speech and offensive speech D) neither obscene speech nor offensive speech
A
Which of the following is considered to be fully protected speech under the U.S. Constitution? A) political speech only B) political speech and commercial speech C) offensive speech and commercial speech D) commercial speech only E) political speech, commercial speech, and offensive speech
A
Which of the following is correct regarding freedom of religion under the U.S. Constitution? A) It comes from the Establishment Clause as well as the Free Exercise Clause. B) It applies only to those religions in existence on the date the Constitution became effective. C) It gives practitioners of any religion absolute rights to take part in actions that are based on that religion. D) It allows the government to establish an official religion or religions so long as citizens remain free to practice any other religion they choose.
A
Which of the following is not correct with regard to commercial speech? A) The government cannot regulate commercial speech. B) The government can regulate the time of commercial speech, but cannot prevent it. C) The government can regulate the place of commercial speech, but cannot prevent it. D) The government can regulate the manner of commercial speech, but cannot prevent it.
A
Which of the following is true about how courts address equal protection cases? A) If a law treats different groups differently, the court determines whether the difference in treatment is justified using one of three different levels of scrutiny. B) If a law treats different groups differently, the law will be invalidated. C) If a law treats different groups differently, it will be acceptable so long as there is adequate notice to the persons affected. D) Laws that affect persons differently based on race, gender, or age will be invalidated; laws that affect persons differently based on other factors will be deemed acceptable. E) If a law treats a particular group more favorably than others, it will be acceptable, but if a law treats a particular group less favorably than others, it will be invalidated.
A
Which of the following is/are enacted under state police power? A) personal property laws B) intellectual property laws C) corporate governance laws D) equal opportunity laws
A
Which of the following provisions is made by the Due Process clauses? A) No person shall be deprived of life, liberty, or property without due process of the law. B) No state can regulate foreign trade directly or indirectly without due process of the law. C) Motions for amendments to the constitution cannot be made without a majority in the parliament. D) Violation of freedom of speech makes the violator liable for immediate prosecution with due process of the law.
A
Which of the following statements is true of the United States' Foreign Commerce Clause? A) Regulation of foreign commerce by state governments is unconstitutional. B) A state can enact a law that forbids a foreign country from doing business in that state, if that country engages in activities that are not condoned by that state. C) Direct regulation of foreign commerce by the federal government violates the Commerce Clause. D) A state government is only permitted to regulate foreign trade indirectly.
A
An organization provides six months of maternity leave to its female employees, whereas its male employees can avail paternity leave for a maximum of two weeks. Which of the following tests is used to examine the lawfulness of this classification? A) rational basis B) intermediate scrutiny C) strict scrutiny D) cogent basis
B
Jintopia is a country in which the federal government and the twelve state governments share powers. The form of government in Jintopia is ________.
B
Powers that are not specifically delegated to the federal government by the United States Constitution: A) are held both by the states and by the federal government B) last clear chance C) are reserved to the federal government D) can be delegated by the U.S. Supreme Court to either the states or the federal government E) cannot be exercised by either the states or the federal government
B
Santo belongs to the Eliok tribe in an Indian reservation in southern Nevada. He wants to open a casino in the reservation. However, the state authority denies the tribe permission to open a casino in its own territory. Which of the following permits the tribe to bring suit in federal court and force the state to comply? A) Establishment Clause B) Indian Gaming Regulatory Act C) Dormant Commerce Clause D) Indian Reorganization Act
B
Since declaring independence, the current U.S. Constitution is the ________ document to set out the general operations of the government. A) first B) second C) third D) fourth
B
The Privileges and Immunities Clause provides which of the following? A) It is a privilege to be granted immunity from a criminal prosecution. B) States must generally treat nonresidents as favorably as residents. C) Corporations receive most of the same constitutional protections as individuals. D) The government is not subject to being sued unless the constitutional matter is a right rather than a privilege. E) An individual has the privilege of practicing any religion, and is immune from any government interference with that right.
B
The ________ requires that government statutes, ordinances, regulations, and other laws be clear on their face and not overly broad in scope. A) procedural due process B) substantive due process C) intermediate scrutiny test D) rational scrutiny test
B
The lawfulness of government classifications based on a protected class is examined using a(n) ________ test. A) strict scrutiny B) intermediate scrutiny C) rational basis D) cogent basis
B
The legislative branch of the U.S. federal government is ________. A) monocameral B) bicameral C) tricameral D) polycameral
B
The number of ________ to which a state is entitled can change over time. A) Senators B) Representatives C) both Senators and representatives D) Supreme Court justices
B
Which of the following statements is true about the freedom of speech guaranteed by the Bill of Rights? A) The Freedom of Speech clause was added to the Constitution in the third amendment. B) The Freedom of Speech clause protects speech only, not conduct. C) There is no provision for fully protected speech in the Constitution. D) Burning the American flag in protest to a federal government military action is in violation of the Freedom of Speech clause.
B
Which of the following statements is true of the Supremacy Clause of the U.S. Constitution? A) A particular federal statute cannot exclusively regulate a specific area or activity. B) Any state or local law that "directly and substantially" conflicts with valid federal law is preempted. C) A particular federal statute can expressly provide for exclusive jurisdiction. D) Any state or local law that "directly and substantially" conflicts with valid federal law is held valid until such a time that the relevance of the federal law is tested and held in harmony with the cultural diversity in the state.
B
A group of students organizing a protest march would be an instance of ________ speech. A) limited protected B) prohibited C) unprotected D) fully protected
C
Kingsland is a country that has been exporting apples to the United States for over a century, shipping 300 tons to Georgia each month. However, last month, Kingsland violated a trading norm which was not condoned by Georgia. Which of the following measures should be taken to regulate apple imports from Kingsland? A) Georgia can stop trading with Kingsland after serving a notice. B) Georgia can stop trading with Kingsland without serving a notice. C) Georgia can appeal to the federal authority which can stop imports from Kingsland. D) Georgia can make Kingsland export its apples to North Carolina.
C
Reserved powers are given to the ________ by the Constitution. A) federal government B) judiciary C) state governments D) U.S. Congress
C
The Bill of Rights applies to: A) the federal government only B) state governments only C) natural persons and artificial persons D) the legislative and executive branches of the federal government, but not to state and local governments E) the federal government and businesses that operate across state lines
C
The ________ is responsible for making federal law. A) President B) state governments C) legislative branch D) Supreme Court
C
The ________ prohibits the government from promoting one religion over another. A) Due Process clause B) Privileges clause C) Establishment clause D) Free Exercise clause
C
The first ten amendments to the U.S. Constitution are collectively known as the ________. A) Due Process clause B) Privileges clause C) Bill of Rights D) Articles of Confederation
C
Vanessa was born to American parents from a minority group in Miami. She applies to a public university which offers scholarships only to students from minority groups. Which of the following standards of review is used to decide if the university violates the Equal Protection Clause by offering Vanessa the scholarship? A) rational basis B) intermediate scrutiny C) strict scrutiny D) cogent basis
C
What is the result of the "effects on interstate commerce" test? A) The federal government can regulate all interstate commerce that actually crosses state lines. B) Prior to enacting laws, states are required to identify any effects that the law might have on interstate commerce. C) The federal government can regulate a business activity that takes place within a single state if the activity has an effect on interstate commerce even though the regulated activity does not itself involve interstate commerce. D) Commercial speech protections apply only to speech that has an effect on interstate commerce.
C
Which of the following amendments to the U.S. Constitution contains the Due Process, Equal Protection, and Privileges and Immunities Clauses? A) the Twelfth Amendment B) the Thirteenth Amendment C) the Fourteenth Amendment D) the Fifteenth Amendment
C
Which of the following is true regarding obscene speech? A) It cannot be prevented, but can be subject to time, place, or manner restrictions. B) Because the definition of obscene is so subjective, it cannot be restricted or prevented. C) Even though the definition of obscene speech is subjective, if speech is determined to be obscene, it loses all constitutional protection. D) Obscene speech and offensive speech receive the same degree of protection. E) The U.S. Supreme Court has set out a clear definition of what speech is defined as obscene and therefore unprotected.
C
Which of the following statements is true of states' police power? A) Police power restricts states from regulating inter-state commerce, although it happens within their borders. B) The states are allowed to regulate army activities within their borders. C) They are given the authority to enact laws that regulate the conduct of business. D) The police force of a state is controlled by the federal police department.
C
Why have checks and balances been built into the U.S. Constitution? A) to keep a check on the number and frequency of amendments made to the Constitution B) to ensure the judiciary is not biased or corrupt C) to prevent any one of the three branches of the government from becoming too powerful D) to ensure that people of all races and ethnicities are uniformly represented
C
With regard to the Commerce Clause of the United States Constitution, which of the following is correct? A) States have no power to regulate interstate commerce. B) Commerce must actually cross state lines to be considered "interstate commerce." C) The police power of the states gives the states the power to regulate intrastate and much interstate business within their borders. D) Although a state cannot regulate interstate commerce within its borders, it has full power to prevent interstate business activities within its borders. E) Cases involving interstate commerce are decided under strict scrutiny.
C
Assume that Congress passes a statute that bans the use of personal watercraft on any body of water before 8:00 a.m. and after 9:00 p.m. Congress bases its passage of the law on its authority to regulate interstate commerce because it believes that fewer persons will buy personal watercraft because of this law. In a constitutional challenge, which of the following is most likely to occur? A) The law will be found constitutional only if it does not conflict with a valid state law. B) The law will be found to violate the Equal Protection Clause because it applies on water but not on land. C) The law will be constitutional because of the federal government's police power. D) The law will be found unconstitutional because any effect on interstate commerce is too remote for this to be a valid exercise of federal power.
D
Assume that the state of Tennessee passes a statute that grants all residents who purchase a brand new Saturn automobile made in Tennessee a $2,000 state income tax credit. Which of the following is most likely true? A) An equal protection claim would be evaluated using strict scrutiny. B) Because the statute gives the tax credit only to Tennessee residents who purchase a car made in Tennessee, there is no violation of the commerce clause. C) There is a procedural due process violation. D) This statute probably violates the commerce clause.
D
Fierra Inc. is a German automobile manufacturer that has a 5 percent market share in the United States' automobile market. The company has a unit in North Carolina that imports Fierra automobiles from its parent company in Germany and assembles them. Which of the following measures is in accordance with U.S.A.'s Foreign Commerce Clause? A) The government of North Carolina imposes an additional 10% tax on Fierra cars. B) The government of Georgia bans the sale of Fierra cars. C) The government of North Carolina asks Fierra Inc. to shut down its import unit in the state. D) The federal government imposes an additional 100 percent tax only on Fierra cars being sold in North Carolina.
D
In responding to a constitutional challenge to the Computer Decency Act, the U.S. Supreme Court ruled which of the following about the Act? A) Computers and the Internet were not covered by the free speech provisions of the U.S. Constitution because they did not exist when the Constitution was drafted. B) The Act was constitutional because obscene speech receives no protection. C) Obscene materials could not be available between 6:00 a.m. and 10:00 p.m. local time. D) The Act was unconstitutional because its provisions were too vague to define. E) The Internet was similar to television and that restrictions similar to those on television programming were appropriate.
D
Substantive due process requires that: A) a notice and hearing be given before one is deprived of life, liberty, or property B) a criminal defendant has an attorney present at all times C) res ipsa loquitur takes place D) a law is sufficiently clear that a reasonable person can understand it in order to comply with it E) a defendant not be tried twice for the same crime
D
The Bill of Rights is another name for: A) the Articles of Confederation B) the U.S. Constitution C) the document that explains the U.S. Constitution D) the first ten amendments to the U.S. Constitution E) the first seven articles of the U.S. Constitution
D
The Constitutional Convention was convened in 1787 for what purpose? A) to add a Bill of Rights to the Constitution B) to create a court system C) to ratify the First Amendment D) to strengthen the federal government
D
The ________ clause prevents the government from enacting laws that either prohibit or inhibit individuals from participating in or practicing their chosen religions. A) Due Process B) Privileges C) Establishment D) Free Exercise
D
The ________ clauses in the Constitution collectively prohibit states from enacting laws that unduly discriminate in favor of their residents. A) Due Process B) Equal Protection C) Establishment D) Privileges and Immunity
D
The ________ was a document that restricted the newly created U.S. federal government from levying and collecting taxes, regulating commerce with foreign countries, and regulating interstate commerce. A) U.S. Constitution B) Declaration of Independence C) Bill of Rights D) Articles of Confederation
D
The lawfulness of all government classifications that do not involve suspect or protected classes is examined using a(n) ________. A) strict scrutiny test B) intermediate basis test C) due process test D) rational basis test
D
The reason the Articles of Confederation were weak was because: A) it gave limited power to the federal government B) it did not provide Congress with the power to levy and collect taxes C) it did not provide Congress with the power to regulate interstate commerce among the states D) All of these are correct.
D
Under the Supremacy Clause of the U.S. Constitution, when Congress chooses to regulate in an area, which of the following is true? A) It will automatically have exclusive jurisdiction to regulate in that area. B) States will always remain able to freely regulate in that area. C) States will always be able to regulate in that area so long as the state law does not directly and substantially conflict with the federal law. D) Whether the state has any authority to regulate in the area will depend on whether Congress provides that the federal government has exclusive authority to regulate in that area. E) The state will be able to regulate in that area only with prior permission of the U.S. Supreme Court.
D
Under what circumstances can a state impose a tax on goods that are imported from other nations? A) negligence per se B) if the tax does not conflict with any valid federal law C) if the amount of the tax is reasonable D) if the tax also applied equally to the same type(s) of goods produced domestically E) in no circumstance
D
What did the Fourteenth Amendment of the U.S. Constitution do? A) It established prohibition. B) It granted the power to regulate interstate commerce to Congress. C) It gave Congress the power to place reasonable restrictions on commercial speech. D) It made the protections in the Bill of Rights applicable to actions by state governments
D
What was the outcome when the U.S. Supreme Court ruled on the constitutionality of the Violence Against Women Act of 1994? A) The statute was viewed as a legitimate exercise of the federal police power. B) The statute violated the Equal Protection Clause because it treated women differently than men. C) The statute was found to infringe on some kinds of symbolic speech. D) The statute was found to be invalid because it did not involve interstate commerce.
D
Which of the following is a form of limited protected speech? A) defamatory language B) speech that incites the violent or revolutionary overthrow of the government C) dangerous speech D) offensive speech
D
Which of the following is an instance of a decision involving the Equal Protection Clause being made on the basis of the rational basis test? A) The government requires only men above the age of 18 to volunteer for military service. B) The government establishes a trust fund to provide financial aid to minority groups. C) A state government employs measures to improve living conditions in the reservations. D) The government provides subsidies to farmers, but not to carpenters or lumberjacks.
D
Which of the following is established by the Supremacy Clause of the U.S. Constitution? A) The President is the supreme and sovereign head of the United States. B) The legislative branch of the federal government is the supreme law-making authority in the country. C) The judiciary is the supreme law-enforcing authority and cannot be influenced by anyone, however powerful, in any manner. D) The U.S. Constitution and federal treaties, laws, and regulations are the supreme law of the land.
D
Which of the following is not a main function of the U.S. Constitution? A) to create the three branches of government B) to allocate powers to the three branches of government C) to protect individual rights D) to limit the government's ability to restrict individual rights E) to create additional branches of government as Congress sees fit
D
What sorts of things do the additional 17 Constitutional amendments cover? A) the abolition of slavery B) federal income tax C) women's right to vote D) prohibition of discrimination E) All of these are correct.
E
Which of the following receives at least some protection under the U.S. Constitution? A) political speech only B) political speech and commercial speech C) offensive speech and commercial speech D) commercial speech only E) political speech, commercial speech, and offensive speech
E
Which of the following would likely violate the freedom of religion protections in the U.S. Constitution? A) the government promoting one religion as better than other religions B) the government preventing the practice of unpopular or fringe religions C) the government establishing a time in school for persons to practice the religion of their choice D) A and B only. E) A, B, and C.
E
Which of the following would take precedence over a state constitution under the Supremacy Clause of the U.S. Constitution? A) the U.S. Constitution only B) the U.S. Constitution and treaties with foreign nations C) the U.S. Constitution and federal statutes D) the U.S. Constitution, federal statutes, and federal regulations E) the U.S. Constitution, federal statutes, federal regulations, and treaties with foreign nations
E
