BLAW Ch. 2

What is the lowest level of review by a court to determine whether a government action unconstitutionally infringes on protected rights? a. rational basis review b. legitimate interest review c. strict scrutiny d. intermediate scrutiny

rational basis review

What is the system of government called in which states form a union and share sovereign power with the central government of the union? a. bureaucracy b. federalism c. democracy d. republicanism

federalism

What situation would NOT be regulated by the federal government under the Commerce Clause? a. A state requiring lawyers practicing in the state to be licensed b. A local farmer selling goods at a shop that draws many customers from farmers' markets in a neighboring state c. An individual seamstress who sells things online to customers around the country, but not outside of the U.S. d. International trade of a small business operating in only one state

A state requiring lawyers practicing in the state to be licensed

Which of the following is a correct statement of federal preemption of state law under the Supremacy Clause? Choose 2 answers. a. A state's attempt to regulate television and radio is preempted by federal law because the federal government has regulated the entire field. b. A state law that requires documentation of citizenship is preempted by the National Voter Registration Act because the act only requires a statement under oath. c. Federal environmental laws will always preempt a state's water pollution law for its state parks. d. Federal law only preempts state law when Congress has expressly stated the preemption for the entire field.

A state's attempt to regulate television and radio is preempted by federal law because the federal government has regulated the entire field. A state law that requires documentation of citizenship is preempted by the National Voter Registration Act because the act only requires a statement under oath.

What does the Free Exercise Clause require? a. Any employer restrictions related to religion must satisfy two requirements. b. No government in the U.S. can create an official religion or favor one religion over another. c. Any government employment restrictions related to religion must satisfy two requirements. d. Restrictions on religious practices must survive the three-prong test of reasonableness.

Any government employment restrictions related to religion must satisfy two requirements.

What is preemption in the Supremacy Clause? a. State law that does not conflict with federal law preempts federal law. b. Federal law is supreme over state law. c. Federal law cannot preempt certain areas of state law as delineated in the Supremacy Clause. d. Preemption is not addressed in the Supremacy Clause. It is addressed in other areas of the U.S. Constitution.

Federal law is supreme over state law.

How does the Fifth Amendment apply to fundamental rights? a. Fundamental rights are a large consideration under the Takings Clause. b. Fundamental rights are not a key part of the analysis of Fifth Amendment rights. c. Fundamental rights are a critical part of the decision-making process in procedural due process. d. Fundamental rights are a determining factor in the analysis under substantive due process.

Fundamental rights are a determining factor in the analysis under substantive due process.

A restriction on commercial speech will be valid if it meets three criteria. What are they? Choose 3 answers. a. It must not be financially detrimental to a company. b. It must not be overly restrictive to meet its objectives. c. It must directly advance a government interest. d. It must seek to implement a substantial government interest.

It must not be overly restrictive to meet its objectives. It must directly advance a government interest. It must seek to implement a substantial government interest.

What does the First Amendment protect regarding religion? Choose 2 answer choices. a. It protects a person's right to hold no religious beliefs. b. It protects you from actions by the government and private parties. c. It protects the exercise of religious practices. d. It protects the favoring of one religion by the government.

It protects a person's right to hold no religious beliefs. It protects the exercise of religious practices.

What restrictions on business speech are allowed by the First Amendment? Choose 2 answer choices. a. Business political contributions to a controversial candidate b. Limitations on advertisements for alcohol c. A billboard for a hotel on an urban highway d. Some advertising venues for tobacco

Limitations on advertisements for alcohol Some advertising venues for tobacco

You live in Texas. During the COVID-19 pandemic, you decide to visit your cousins in New York City. The number of coronavirus cases in New York state is at an all-time low. The number of cases in Texas, however, is at an all-time high. To help control the spread of the disease in New York, the governor of New York issues an order requiring that all visitors from Texas quarantine for two weeks upon arrival in New York. This order will be in effect at the time of your planned trip. You had hoped to visit some of the sites of New York City and do not want to spend two weeks inside at your cousin's house. You believe the order of the governor violates your fundamental right to interstate travel. Does the order of the governor restricting travel violate your substantive due process rights? a. No, it doesn't, because travel is not a fundamental right. b. Yes, it does, because governments can never interfere with people's fundamental rights. c. Yes, it does, because your plans have been significantly impacted. d. No, it doesn't, because the interest of the government in controlling the spread of coronavirus and protecting the health of New Yorkers is a compelling state interest.

No, it doesn't, because the interest of the government in controlling the spread of coronavirus and protecting the health of New Yorkers is a compelling state interest.

During the pandemic of 2020, the City of Mayberry passes an ordinance that requires all citizens to wear a face mask in public. Addison believes that the government cannot regulate his personal behavior and refuses to wear a mask; he says that forcing him to wear a mask violates his constitutional rights! A police officer stops Addison on the street and arrests him for violating the city ordinance. Can Addison successfully challenge the mask ordinance on constitutional grounds? a. Yes, this ordinance violates a citizen's right to privacy. b. No, requiring people to wear a face mask during a pandemic is a valid exercise of the state's police power. c. No, the federal government has the authority to regulate this kind of behavior, and the city police officer is acting as an agent of the federal government. d. Yes, this ordinance violates a citizen's right to free speech.

No, requiring people to wear a face mask during a pandemic is a valid exercise of the state's police power.

Esther is pulled over for crossing the yellow line with her automobile. The officer suspects Esther is intoxicated, so she administers a field sobriety test. Esther blows a .16 on the test, so the officer arrests Esther for DWI. Esther decides to fight the charge. Her defense is that she is an alcoholic, and the laws against driving while intoxicated unconstitutionally discriminate against her and other alcoholics. Does Esther have a valid defense to her DWI charge? a. No, she does not because laws that regulate economic or social issues are presumed valid, and the courts will apply minimum scrutiny in evaluating whether such laws discriminate against people. b. Yes, she does because laws that regulate economic or social issues are presumed invalid, and the courts will apply intermediate scrutiny in evaluating whether such laws discriminate against people. c. No, she does not because laws that regulate economic or social issues are presumed valid, and the courts will apply intermediate scrutiny in evaluating whether such laws discriminate against people. d. Yes, she does because laws that regulate economic or social issues are presumed invalid, and the courts will apply minimum scrutiny in evaluating whether such laws discriminate against people.

No, she does not because laws that regulate economic or social issues are presumed valid, and the courts will apply minimum scrutiny in evaluating whether such laws discriminate against people.

What is true of corporate political speech? Choose 2 answers. a. Political donations are protected by the First Amendment as types of corporate political speech. b. Corporate political speech is more restricted than corporate commercial speech. c. Corporate political speech is strongly restricted in a presidential election year. d. Corporate political speech is protected by the First Amendment.

Political donations are protected by the First Amendment as types of corporate political speech. Corporate political speech is protected by the First Amendment.

What business speech is protected by the First Amendment? a. Some types of advertising b. Some types of defamatory speech c. Some types of misleading speech d. Some types of threatening speech

Some types of advertising

Nevada passes a statute that any 18-wheel truck passing through Nevada must meet a Clean Fuel Fleet Exhaust Emission Standard of no more than 2.8 nitrous oxide (NOx). The federal statute requirement for such trucks is no more than 3.8 NOx. Carlton is driving his 18-wheeler cross-country to deliver a load and stops at a Nevada weigh station. The weigh station officer inspects Carlton's documents, notes that Carlton's truck has a 3.4 NOx emission level, and issues a citation. On what grounds might Carlton fight this citation? a. The federal statute preempts the state statute under the Supremacy Clause. b. The federal statute preempts the state statute under the Full Faith and Credit Clause. c. The state statute preempts the federal statute under the Full Faith and Credit Clause. d. The state statute preempts the federal statute under the Supremacy Clause.

The federal statute preempts the state statute under the Supremacy Clause.

What authority does the federal government have under the Commerce Clause? Choose 2 answer choices. a. To regulate commerce between states only b. To regulate all commerce in the country c. To regulate international commerce d. To regulate commerce on the national and local levels

To regulate international commerce To regulate commerce on the national and local levels

In what situations does federal law preempt state law? Choose 2 answer choices. a. When Congress passes a law and creates an agency to enforce that law b. Federal law preempts state law in all cases c. When the state law explicitly states it preempts other laws d. When Congress passes very detailed laws

When Congress passes a law and creates an agency to enforce that law When Congress passes very detailed laws

Tillie is served with a lawsuit to collect a debt Tillie allegedly owes to Big Ben Clocks. The summons attached to the lawsuit says that Tillie has thirty days to answer the complaint. Fifteen days later, Tillie receives a copy of a default judgment in the mail, directing Tillie to pay $1000 to Big Ben Clocks. Does Tillie have any grounds on which to have the default judgment set aside? a. Yes, it is a violation of procedural due process. b. No, once a court enters a judgment of any kind, it is final. c. No, a violation of procedural due process is not a ground to set aside a default judgment. d. Yes, it is a violation of substantive due process.

Yes, it is a violation of procedural due process.

Sofia works in the advertising department of Energy First, a company that manufactures a vitamin supplement that allegedly boosts a person's energy level. Sofia creates an advertisement for the product that states that Energy First has been clinically proven to boost energy levels when she knows that no such study has occurred. Can the government prevent Sofia from making such claims in her advertisements? a. No, the government cannot because in doing so, the government goes too far in restricting free speech. b. No, the government cannot regulate free speech. c. Yes, commercial speech is even more protected under the First Amendment than individual speech. d. Yes, the government has a substantial interest in protecting the health of the public, and the restriction on these claims advances that interest without going any further than necessary.

Yes, the government has a substantial interest in protecting the health of the public, and the restriction on these claims advances that interest without going any further than necessary.

What does substantive due process require? Choose 2 answer choices. a. a legitimate governmental purpose if a fundamental right is involved b. a compelling governmental interest if a non-fundamental right is involved c. a compelling governmental interest if a fundamental right is involved d. a legitimate governmental purpose if a non-fundamental right is involved

a compelling governmental interest if a fundamental right is involved a legitimate governmental purpose if a non-fundamental right is involved

What is the medium level of scrutiny, sometimes called heightened scrutiny, that a court will use when deciding a case that involves a quasi-suspect class? a. rational basis b. intermediate scrutiny c. secondary level scrutiny d. strict scrutiny

intermediate scrutiny

If the U.S. Supreme Court determines that a state or federal law violates the U.S. Constitution, it may: a. require the legislature to amend the law. b. interpret the law. c. invalidate the law. d. modify the law.

invalidate the law.

What are the three levels of scrutiny used by courts to determine the constitutionality of a government action? Choose 3 answers. a. rational basis review b. strict scrutiny c. factual basis review d. intermediate scrutiny

rational basis review strict scrutiny intermediate scrutiny

What type of speech does not receive First Amendment protections? Choose 3 answers. a. speech that incites lawlessness b. obscenity c. threats to the president of the United States d. unpatriotic speech

speech that incites lawlessness obscenity threats to the president of the United States

Which of the following is the provision of the U.S. Constitution that establishes federal law precedence over state law? a. the Supremacy Clause b. the Commerce Clause c. the Bill of Rights d. the Equal Protection Clause

the Supremacy Clause