BLaw Exam 1 Chapter 5

By creating three independent and equal branches of the federal government, the U.S. Constitution limited the federal government's power.

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.

The Fifth Amendment to the Constitution provides Robert, an employee of Mattax Paper Co., due process protection from being fired without a hearing by a neutral fact finder.

Hall was arrested for burning the United States' flag in a protest of governmental policy. His action is protected under the First Amendment's guarantee of free speech because the flag burning is considered symbolic speech.

The power to create laws regulating international commerce is given to Congress and the states concurrently under the U.S Constitution.

The "takings clause" prevents the government from taking private property for any reason.

Gadberry lives in a "common interest development" (CID) and has parked his new pickup truck in his driveway. The Neighborhood Association informs him that, according to their regulations, he may not have a truck in the sight of passersby. The Association has made an unconstitutional restriction of the property rights of residents of the CID.

Obscene speech is protected by the First Amendment.

The Pines, a small motel in central Georgia, may be subject to federal regulation even though it is not close enough to the state borders to have many guests from other states.

The First Amendment to the U.S. Constitution explicitly protects citizens from abridgment of the right of free speech by any level of government.

Misleading commercial speech may be outlawed altogether without violating the Constitution.

Professor Jones accuses Rachel, a senior at a large state university, of cheating on an exam. The Professor claims that Rachel must prove to him that she did not cheat. If she fails to convince him, she will be expelled from college. Rachel is being denied her due process rights.

Congress passed the federal OSHA establishing job safety standards. Illinois passed its own statute, seeking to protect the general public and workers from hazardous wastes. The Illinois statute did not violate the Commerce Clause because it imposed no restriction on interstate commerce. Local workers were obligated to obey both the federal and the state regulations.

Judicial review is the power of the federal courts to declare a statute or governmental action void.

A governmental classification based on gender would be subject to strict scrutiny.

If there is a conflict between a state and federal law, generally the federal law will prevail because of the: a. federalism doctrine. b. Supremacy Clause. c. paramount doctrine. d. Interstate Commerce Clause.

The primary source of federal power to regulate business is the: a. Supremacy Clause. b. Commerce Clause. c. Contract Clause. d. Privilege and Immunities Clause.

The 14th Amendment's Equal Protection Clause "strict scrutiny" test will be used when the legislation: a. affects an economic interest. b. affects a person's right to drive. c. differentiates on the basis of race. d. affects a person's right to drink alcoholic beverages.

The Bill of Rights refers to: a. the inalienable rights found at the beginning of the Constitution. b. the first ten amendments to the Constitution. c. a specific listing of individual rights found in the original text of the Constitution. d. a grouping of individual rights set forth by the United States Supreme Court shortly after the Constitution was ratified by the states.

The United States v. Lopez case demonstrates which of the following? a. There are no limitations on the federal government's power pursuant to the Interstate Commerce Clause. b. The extensive power of the states to regulate interstate commerce. c. Limitations on federal power. d. Gun ownership cannot be regulated.

Nevada passed a law banning all commercial billboards along state highways to rid the state highways of billboards, which are offensive to citizens. If this law were to be challenged, which of the following would a court examine to determine if the law is constitutional? a. It would have to be established that the law furthers an interest of the state of Nevada to create a more aesthetically pleasing environment. b. It would have to be shown that the law directly and materially advances the state's goal of a more aesthetically pleasing environment. c. It would have to be shown that the law reaches no further than necessary to promote the state goal. d. All of the above.

The states have a severely restricted power to enact laws that affect interstate commerce. This concept is called: a. federalism. b. the undue burden concept. c. constitutional hierarchy. d. the dormant aspect of the Commerce Clause.

West Virginia passed a statute regulating working conditions in its mines. If the statute is challenged in court on substantive due process grounds: a. it would be presumed invalid and would be struck down since it involves a fundamental right to work. b. it would be presumed invalid but would be struck down only if it is not necessary to achieve a compelling government interest. c. it would be presumed valid since it regulates economic or social conditions. d. it carries no presumptions, but must be evaluated based on the procedures involved.

When Congress passed a criminal statute called the "Gun-Free School Zones Act," the Supreme Court ruled that: a. the law was valid as a proper exercise of the power to regulate interstate commerce. b. the law was void for vagueness; thus, it was not valid. c. the law was not valid since Congress exceeded its power under the Commerce Clause. d. although the law was not a proper exercise of the power to regulate interstate commerce, Congress had the power to create such legislation on other grounds. Therefore, the statute was valid.

Thompson raised 80 acres of corn, most of which he used to feed his own cattle. He locally sold what he did not use. Based on the Supreme Court's ruling in Wickard v. Filburn: a. Congress has no authority over Thompson's activity based on the negative aspect of the Commerce Clause. b. Congress may regulate Thompson's farming activity because it has a substantial economic effect on interstate commerce. c. only Thompson's local government can regulate his farming activity. d. only Thompson's state and local governments can regulate his farming activity.

The doctrine of preemption is based on the Constitution's: a. Commerce Clause. b. Due Process Clause. c. Equal Protection Clause. d. Supremacy Clause.

kerd was entering the United States from a trip abroad when the Customs Service confiscated some goods she had purchased and brought back with her. The determination of whether the government is attempting to take property and what type of hearing the Customs Service must offer Ikerd, is an analysis of: a. substantive due process. b. procedural due process. c. the Takings Clause. d. eminent domain.

Every year the U.S. Supreme Court receives about 8,000 requests to review cases. Of this number, the Court will hear about: a. 100. b. 1,000. c. 4,000. d. 6,000.

If Oregon passed a statute that prohibited liquor stores from engaging in any kind of advertising, that statute would be: a. valid as an exercise of police power. b. valid, as alcohol is illegal for minors. c. invalid as a violation of the Commerce Clause. d. invalid as an unreasonable restriction of free speech.

Smalltown, located in a border state, seemed to favor Caucasians over Latinos in their hiring practices. The courts will review the practice using: a. minimal scrutiny. b. intermediate scrutiny. c. strict scrutiny. d. Supremacy Clause scrutiny.

Fundamental rights include all EXCEPT the right to: a. drive. b. vote. c. free speech. d. travel.

Judicial review can best be described as the power of federal courts to: a. review state court decisions. b. review state executive action. c. review state and federal legislative and executive action. d. none of the above.

The issue of the constitutional protections afforded flag burning was addressed in: a. Texas v. Johnson. b. United States v. Lopez. c. Marbury v. Madison. d. Palmore v. Sidoti.

The "dormant" aspect of the Commerce Clause: a. is also known as the "negative" aspect. b. means that there are many unused powers still available to the government to regulate trade between the states. c. guarantees that Congress has the power to regulate trade with foreign countries that have not yet developed trade practices with the United States. d. guarantees that the states have the power, even if unused, to impose regulations affecting interstate commerce.

Which of the following limitations does not apply to the government in civil proceedings to take a person's liberty or property? a. Procedural Due Process. b. The Takings Clause. c. Substantive Due Process. d. The Equal Protection Clause.

The Supreme Court's approach during the period from the 1950s through the 1970s in deciding cases on constitutional grounds is described as: a. judicial restraint. b. judicial activism. c. judicial review. d. the dormant aspect of its judicial power.

Generally, constitutional protections do NOT apply to: a. acts of the federal government. b. acts of state government. c. acts of administrative agencies. d. acts of privately owned businesses.

Lori and her friends burn an American flag as an act of political protest. Lori is arrested for violating a state law that prohibits flag burning. The Supreme Court has ruled that laws making it illegal to burn an American flag: a. are void because they deny a person due process rights. b. are void because a state court has no power to prosecute a person for burning the federal flag. c. are void because they violate a person's right to freedom of speech. d. are valid.

A woman wishes to attend an all-male, publicly supported college. She claims the college is violating the Equal Protection Clause of the Constitution. What level of scrutiny will the court use when deciding this case? a. Minimal scrutiny b. Intermediate scrutiny c. Strict scrutiny d. Compelling interest scrutiny

Adam moved into an apartment complex. The rules of the complex prohibit unmarried men and women from living together in the same apartment. When Adam's friend, Diane, moved into the apartment he was served with eviction papers. Adam claims the apartment complex is violating his constitutional rights since it allows married couples to live together. Is Adam right? a. Yes. His equal protection rights have been violated. b. No. His fundamental right of cohabitation has not been violated. c. Yes. He and Diane are being treated differently than married couples. d. No. Constitutional protections do not extend to privately owned apartment complexes.