Chapter 5

The taxing power of the federal government is established in ______________ of the U.S. Constitution.

Article 1, Section 8

______________ of the U.S. Constitution grants Congress spending power.

Article 1, Section 8

The establishment clause is present in the ___________ Amendment to the U.S. Constitution.

First

The establishment clause is present in the ____________ Amendment to the U.S. Constitution.

First

Which amendment in the Bill of Rights protects citizens from unreasonable search and seizure?

Fourth Amendment

According to the Bill of Rights, which of the following is a true statement regarding commercial speech? a. Commercial speech is broader than just advertisements. b. Commercial speech is protected by the Fifth Amendment. c. All commercial speech is political speech d. Commercial speech is given greater protection by the First Amendment than political speech.

a. Commercial speech is broader than just advertisements.

Which of the following is not a pertinent question to ask when determining whether a speech is obscene according to the U.S. Supreme Court standard for obscenity established in Miller v. California? a. Does the speech substantially interfere with the commercial interest of the plaintiff(s)? b. Does the speech lack serious literary, artistic, political, or scientific value? c. Does the speech describe, in a patently offensive way, sexual conduct specifically defined by law? d. Would the average person find that the speech appeals to the prurient interest?

a. Does the speech substantially interfere with the commercial interest of the plaintiff(s)?

Which of the following is an accurate statement regarding the taxing power of the federal government? a. The tax rate imposed by Congress must be uniform from state to state. b. The tax rate imposed by Congress varies from state to state. c. Population in a particular state impacts the federal tax rate imposed by that state. d. Average income in a particular state impacts the federal tax rate imposed in that state

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

Which of the following is not a type of unprotected speech? a. corporate speech b. fighting words c. obscene speech d. defamatory speech

a. corporate speech

Which of the following is a true statement regarding political speech? a. Political speech is given a low level of protection by the First Amendment protection compared to other types of speech. b. Not all corporate speech is political speech. c. According to the U.S. Supreme Court, corporate political speech is not protected to the same extent as ordinary citizens' political speech. d. Corporate political speech is not protected by the First Amendment.

b. Not all corporate speech is political speech.

Which of the following is not a pertinent question to asking in applying the Central Hudson test for commercial speech? a. Is the speech misleading? b. Does the speech concern an illegal activity? c. Does the regulation violate the Tenth Amendment to the Constitution? d. Is the regulation more extensive than necessary to serve the government interest? e. Is the government interest served by the restriction on commercial speech substantial?

c. Does the regulation violate the Tenth Amendment to the Constitution?

Under the strict scrutiny test, suspect classifications include all but which of the following? a. classifications based on citizenship b. classifications based on national origin c. classifications based on age d. classifications based on race

c. classifications based on age

Which of the following is not prohibited by the establishment clause of the First Amendment to the U.S. Constitution? a. the U.S. Congress' preference of religion over nonreligious philosophies in general b. the establishment of a national religion by Congress c. the freedom to practice religion as an individual sees fit d. the U.S. Congress' preference of one religion over another

c. the freedom to practice religion as an individual sees fit

Pursuant (in accordance with) 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? a. the right to vote b. the right to privacy c. the right to controlled rent d. the right to interstate travel

c. the right to controlled rent

Environmental law is an example of the ____________ authority of the state and federal governments.

concurrent

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

intermediate scrutiny

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

political

Federal _________ is a principle asserting the supremacy of federal legislation over state legislation when both pertain to the same matter.

preemption

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

rational-basis