Bus Law ch 5
Which of the following is the Due Process Clause of the Fifth Amendment?
"No person shall be...deprived of life, liberty, or property without due process of law."
Which of the following is the Takings Clause of the Fifth Amendment?
"Nor shall private property be taken for public use without just compensation."
In Salib v. City of Mesa (Arizona Court of Appeals, 2006), the Arizona Court of Appeals sided with:
the City of Mesa.
Which of the following contribute directly to making the federal government a government of enumerated powers? [Select all that apply.]
Article I, Section 8 of the Constitution the Tenth Amendment to the Constitution
The landmark 1954 U.S. Supreme Court decision in __________ ordered an end to racial segregation in public schools in the United States.
Brown v. Board of Education
In the case of __________, the Supreme Court ruled that segregation of the state public schools was a denial of "equal protection under the laws" under the Fourteenth Amendment.
Brown v. Board of Education (1954)
Which of the following were among the elements of the U.S. Constitution that created a federal government that was stronger (in some ways) than the state governments? [Select all that apply.]
By including the Supremacy Clause, the framers ensured that federal law would beat state law in the event of a direct conflict between them.
In the case of __________, which was a test of the constitutionality of Article II of the 1964 Civil Rights Act, the Supreme Court ruled that an Arkansas recreational facility could be compelled by the federal government to accept black guests because three of the four items sold at its snack bar were likely manufactured outside the state.
Daniel v. Paul (1969)
The words "No state shall...deny to any person within its jurisdiction the equal protection of the laws" are the:
Equal Protection Clause of the Fourteenth Amendment.
Between 1788 and 1936, interstate commerce was exclusively regulated by the state governments.
F
In the modern era, meaning from about 1937 to the present, interstate commerce has been jointly or concurrently regulated by the federal and state governments.
F
Intrastate commerce has been exclusively regulated by the federal government of the United States since 1787.
F
Judicial activism is a court's attitude that it should leave lawmaking to regulators.
F
Judicial restraint is a court's willingness to decide issues on constitutional grounds.
F
Obscene speech is protected by the First Amendment.
F
Obscene speech sometimes receives constitutional protection under the First Amendment. It depends how offensive it is, and what social or artistic value its communication may have.
F
Only the president can make new federal laws, but the Congress can check that power by vetoing a proposed bill.
F
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.
F
The Takings Clause of the Fifth Amendment prohibits the government from taking private property for public use.
F
The power of adjudication is the power of the courts to declare a statute or governmental action unconstitutional and void.
F
The power of judicial review is the power of courts to decide individual legal disputes, and to render a decision that is binding upon the parties.
F
The power to regulate interstate commerce is given jointly to Congress and the states under the U.S. Constitution.
F
Under the First Amendment, the government can place no restrictions on political speech in the United States.
F
In the case of __________, the U.S. Court of Appeals for the Eleventh Circuit found that the government had failed to prove that 2 Live Crew's song "As Nasty as They Wanna Be" was obscene under the Miller test.
Luke Records v. Navarro (1992)
Among the facts in Texas v. Johnson (U.S. Supreme Court, 1989) were that:
Gregory Johnson was arrested and convicted under a Texas statute for burning an American flag as part of a political protest.
What does the Supremacy Clause of the U.S. Constitution do?
Makes the Constitution, and federal statutes and treaties, the supreme law of the land.
__________ commerce has been exclusively regulated by the federal government of the United States since 1787. [Select all that apply.]
Interstate International
__________ commerce was exclusively regulated by the state governments from 1788 to 1936.
Intrastate
In the case of __________, the U.S. Supreme Court upheld the U.S. Army order that all persons of Japanese ancestry be relocated to internment camps during World War II, ruling that the internment was necessary to promote a compelling government interest.
Korematsu v. United States (1944)
In Edenfield v. Fane (U.S. Supreme Court, 1993), the Supreme Court sided with:
Mr. Fane.
In the case of __________, the U.S. Supreme Court ruled that right to marry (whom you wish) is a fundamental right; and accordingly, ordered the state of Ohio to amend John Arthur's death certificate to list James Obergefell as his spouse.
Obergefell v. Hodges (2015)
In the case of __________, the Supreme Court ruled that a woman's right to choose whether or not to have an abortion is a fundamental right of privacy, therefore governmental restrictions on it are subject to strict scrutiny.
Roe v. Wade (1973)
Which of the following were among the ways that the U.S. Constitution deliberately created a federal government that was weaker than other national governments? [Select all that apply.]
Significant limits on its power were specified in the Bill of Rights. It was a government of enumerated powers. Power was divided between three branches with strong check-and-balance powers on each other.
Facts: Fred was arrested for burning the U.S. flag in a protest of government policy. True or False?: Fred's action is protected under the First Amendment's guarantee of free speech because flag burning in that context is considered symbolic speech. It is also considered political speech.
T
Facts: Professor Smith accuses Betty, a senior at a large state college, of cheating on an exam. The professor claims that it is Betty's burden to prove to him that she did not cheat; and that if she fails to do so, he plans to have her expelled from the college. True or False?: Betty is being denied her due process rights under the Fifth Amendment in this scenario.
T
Misleading commercial speech may be outlawed altogether without violating the Constitution.
T
The Senate must confirm all presidential appointments of judges to federal courts.
T
The Senate must ratify all treaties negotiated by the president by a two-thirds vote.
T
The U.S. Constitution created the first national government the world had ever seen that was deliberately built to be relatively weak or limited in its powers, with most power left in the hands of the state governments and/or the people.
T
The U.S. Supreme Court has consistently ruled that obscene works do not merit First Amendment protection.
T
The decisions of the U.S. Court of Appeals in the cases of Luke Records v. Navarro and U.S. v. Whorely both hinged on whether the speech the government sought to punish was obscene or not under the Miller test.
T
The negative or dormant aspect of the Commerce Clause prohibits the states from imposing border tariffs or taxes on each others' goods.
T
The __________ prohibits the government from taking private property for public use without just compensation.
Takings Clause of the Fifth Amendment
The Due Process Clause of the Constitution has been interpreted to mean, among other things, that the fact-finder in any hearing or process which could result in the government taking liberty or property must be neutral, meaning they must have no personal interest or stake in the outcome of the hearing or process.
True
In the case of __________, the U.S. Court of Appeals for the Fourth Circuit upheld the trial court's conviction of Mr. Whorely for trafficking in child pornography, finding that the materials Mr. Whorely possessed were obscene under the Miller test.
U.S. v. Whorely (2008)
The case of _________ was the first Supreme Court decision in 53 years in which the Court found an act of Congress to fall outside the scope of the Commerce Clause.
United States v Lopez
In the case of __________, the U.S. Court of Appeals affirmed the trial court's order calling for The Citadel to abandon its males-only admissions policy.
United States v. Jones, et al (1998)
In the case of __________, Mr. Lopez's right to be free from federal interference with regard to where he can carry a gun was protected, and not everybody was happy about that.
United States v. Lopez (1995)
In the case of __________, the Supreme Court ruled that Congress had exceeded its power under the Commerce Clause in passing the "Gun-Free School Zones Act."
United States v. Lopez (1995)
power of eminent domain.
When the government takes private land and converts it to a public use
the Takings Clause
a clause in the Fifth Amendment that ensures that when any governmental unit takes private property for public use, it must compensate the owner
the Equal Protection Clause
a clause in the Fourteenth Amendment that generally requires the government to treat people equally
substantive due process
a form of due process that holds that certain rights are so fundamental that the government may not eliminate them"?
If the government wants to treat people differently based on their income, the courts will apply __________ standard in deciding whether the differential treatment will be permitted.
a minimal scrutiny
What must the government always provide because of the Due Process Clause if it is attempting to take liberty or property from someone?
a neutral fact-finder
A government action interfering with a fundamental right will be judged by the courts using:
a strict scrutiny standard.
Generally, constitutional protections, such as procedural due process requirements, do NOT apply to: [Select all that apply.]
acts of privately-owned businesses
In its decision on Wickard v. Filburn (1942), the U.S. Supreme Court said, among other things "that (Mr. Filburn's) contribution to the demand for wheat may be trivial by itself is not enough to remove him from the scope of federal regulation where, as here, his contribution, taken together with that of many others similarly situated, is far from trivial." This is a statement of the so-called:
aggregation argument.
In the case of Texas v. Johnson (1989), the Supreme Court and the Texas Court of Criminal Appeals __________ on the issue of whether the use of the Texas criminal statute to punish Mr. Johnson for his actions was an unconstitutional abridgement of Mr. Johnson's First Amendment free speech rights.
agreed
If the state government wants to treat people differently based on their gender, the courts will apply __________ standard in deciding whether the differential treatment will be permitted.
an intermediate scrutiny
The purpose of procedural due process is to ensure that:
before the government takes liberty or property, we have a fair chance to oppose the action.
Which of the following are among the ways that the judicial branch of our federal government can check the power of Congress? [Select all that apply.]
by declaring a law unconstitutional.
Which of the following are among the ways that the people can check the power of one or more branches of the federal government? [Select all that apply.]
by electing a new president every 4 years. by electing new representatives to Congress every 4-6 years.
The substantial effect rule holds that Congress may regulate any activity that has a substantial effect on:
interstate commerce.
Under the First Amendment, __________ speech receives an intermediate level of protection.
commercial
commercial speech
communication, such as that found in advertisements, that has as its dominant theme the proposal of a business transaction
In the modern era, meaning from about 1937 to the present, __________ commerce has been jointly or concurrently regulated by both the federal and state governments. [Select all that apply.]
intrastate
Pursuant to the Arizona Court of Appeals ruling in 2006 in Salib v. City of Mesa, Mr. Salib __________ have to remove enough posters from his windows to comply with the city of Mesa's sign code.
did
In order to reach their holding in Wickard v. Filburn (1942), the U.S. Supreme Court had to:
embrace the substantial effect rule and originate the aggregation argument.
The Equal Protection Clause requires that the government treat everyone equally with no exceptions allowed. True
f
Before government can infringe upon a fundamental right it must prove that the infringement:
is necessary to further a compelling government goal.
The idea that courts should leave lawmaking to legislators, and nullify a law only when it unquestionably violates the Constitution is called:
judicial restraint.
When a court exercises its power of __________, often many citizens complain because the court is protecting the constitutional rights of a few while thwarting the will of the majority as expressed in the statute.
judicial review
There are two dimensions or aspects to the 16 words that make up the Commerce Clause of the U.S. Constitution, called the:
negative or dormant aspect and the positive aspect.
Under the First Amendment, __________ speech receives no protection.
obscene
The part of the U.S. Constitution that says "the Congress shall have the power to regulate commerce with foreign nations, and among the several states" is called:
the Commerce Clause.
Under the First Amendment, __________ speech receives various levels of protection depending on its nature and purpose.
other non-obscene
The judicial branch does all statutory interpretation, but Congress can check that power by: [Select all that apply.]
passing a new statute containing different language.
Under the First Amendment, __________ speech receives the highest level of protection.
political
Gregory Johnson's act of burning an American flag outside the Republican National Convention in Dallas, Texas in 1984 was:
political speech, and therefore entitled to the highest degree of protection.
If the government wants to treat people differently based on their age, in order to survive an Equal Protection Clause challenge, the government must prove that the differential treatment: Correct!
rationally relates to a legitimate government interest.
fundamental rights
rights so basic that any governmental interference with them is suspect and likely to be unconstitutional
The portion of the Constitution that authorizes Congress to regulate interstate and foreign commerce is called:
the Commerce Clause.
If the state government wants to treat people differently based on their gender, in order to survive an Equal Protection Clause challenge, the government must prove that the differential treatment:
substantially relates to an important government objective.
Eminent domain refers to the government's ability to:
take private property for public use.
When the Federal Trade Commission (FTC) ordered the makers of Listerine to stop claiming in their advertisements that Listerine will help prevent colds and sore throats, the courts sided with:
the Federal Trade Commission.
The Due Process Clause and the Takings Clause are both found in: Correct!
the Fifth Amendment to the U.S. Constitution.
interstate commerce
the buying and selling of goods, services, or labor between persons located in different states
intrastate commerce
the buying and selling of goods, services, or labor between persons located in the same state
procedural due process
the doctrine that ensures that before the government takes liberty or property, the affected person has a fair chance to oppose the action
What does procedural due process require before a government employee can be fired for alleged wrongful behavior? [Select all that apply.]
the employee must be fully informed of the charges against them the employee must be given an opportunity to tell his or her side of the story the employee must be fully informed of the employer's evidence the government must provide a neutral fact-finder
When commercial speech is not false or misleading:
the government may regulate it if the government has a substantial interest in regulating the speech, the speech restriction directly advances this interest, and the regulation restricts speech no more than necessary to achieve the purpose.
Commerce Clause
the part of Article I, section 8, that gives Congress the power to regulate commerce with foreign nations and among states
What does procedural due process require before a public school student can be placed on disciplinary suspension? [Select all that apply.]
the school must provide a neutral fact-finder to oversee the investigation and hearing the student must be fully informed of the charges against them before the hearing begins the student must be given a real chance to rebut the charges by telling his or her side of the story the student must be fully informed of the school's evidence against him or her
One of the major problems with the Articles of Confederation was that:
they gave the federal government no ability to raise money.
In Edenfield v. Fane, the U.S. Supreme Court found the state of Florida's restriction on Mr. Fane's free speech rights:
unconstitutional.
One of the major problems with the Articles of Confederation was that:
under it, the states were imposing import taxes on each others' products.
In Wickard v. Filburn (1942), the U.S. Supreme Court __________ the trial court's finding that Congress had a constitutional right to place national production limits on wheat and to allocate those quotas to individual states and farms.
upheld
In Dolan v. City of Tigard (1994), the Supreme Court held that Tigard's restrictions on Dolan's land:
violated the Takings Clause.
In Kelo v. City of New London (2005), the Supreme Court held that New London's condemnation of Kelo's land:
was within the city's rights under the Takings Clause.