Ch. 4 example #31249

T/F All powers not specifically delegated to the federal government are reserved to the states.

T/F The national government can regulate almost every commercial enterprise in the United States.

T/F Under the supremacy clause, a valid federal statute or regulation will preempt a conflicting state or local law or regulation on the same general subject.

T/F The rights secured by the Bill of Rights are absolute.

T/F The U.S. Constitution explicitly mentions a general right to privacy.

The Constitution sets out the authority and the limits of the branches of the government. The term checks and balances means that:

Savers Mart, Inc., distributes its merchandise to retail outlets on an interstate basis. Under the commerce clause, Congress has the power to regulate:

The state of Massachusetts regulates employment, traffic, land use, and other private activities to protect or promote the public order, health, safety, and general welfare under:

A decision by the federal Environmental Protection Agency (EPA) on the amount of carbon that can be emitted from a car's exhaust system conflicts with a California state law. In the situation, under the supremacy clause:

The members of Citizens Aware believe that a recently enacted federal law is unconstitutional. They write and sign a petition to the government to repeal the law, refuse to obey the law, and stop others from complying with the law. Under the First Amendment, citizens have a right to:

The U.S. Constitution created a ______ form of government.

What powers do the states have to regulate or prohibit private activities?

T/F State police powers only authorize the creation and maintenance of police forces.

All powers expressly "reserved" to the states fall under the _____ amendment.

Which of the following would NOT be regulated at the state level? a) Fire and building codes b) Zoning restrictions c) Interstate commerce laws d) Antidiscrimination laws

Legislative branch

Judicial branch

Executive branch

Our government has a system of _____ and _____ that allow each branch to limit the actions of the other two branches. For example, the _____ branch can enact a law, while the _____ branch can veto that law.

Article 1, Section 8, of the U.S. Constitution impacts businesses greatly and is referred to as the _____ clause.

If you are a farmer who grows and sells only locally, can you correctly conclude that the commerce clause does NOT apply to your activities?

T/F State laws that allow the use of medical marijuana protect users in those states from federal prosecution.

If a state passes a regulation that impacts interstate commerce, it may violate the _____ commerce clause. To decide if the regulation is unconstitutional, the courts typically balance the _____ of the state against the _____ on interstate commerce.

T/F When there is a direct conflict between a federal and a state law, the state law is rendered invalid.

When Congress intends to exclusively control a subject where the U.S. Constitution allows for both states and the federal government to act, courts will use the doctrine of _____ to invalidate any state regulations on the same general subject area.

In addition to the right to assemble peaceably and to petition the government, the First Amendment guarantees which of the three following freedoms? a) speech b) religion c) equal protection d) due process e) press

T/F The Fourth Amendment prohibits unreasonable searches and seizures of persons or property.

As originally intended, the first ten amendments to the Constitution limited only the power of:

When the language in the Bill of Rights is unclear, which of the following may occur? a) The president of the United States issues an executive order to interpret the language. b) The United States Supreme Court ultimately may decide what the language means. c) The individual state legislatures interpret the unclear language as applied in their states. d) State courts interpret the unclear language for their states.

The two main purposes of the Free Speech Clause of the First Amendment are to allow people to:

T/F Symbolic speech is not protected by the Bill of Rights.

Content-neutral laws regulate the time, place, and _____ but not the content of speech.

T/F The compelling government interest test is used by the courts to determine whether a law regulating the content of speech will be permissible.

Your state passes a law prohibiting businesses from supporting political candidates. You challenge the law in court. Will a court uphold that law?

T/F Commercial speech is protected to the same extent as political speech.

Free speech clause

Establishment clause

Free exercise clause

T/F The government may not restrict a person's exercise of religion if the restriction will place a moderate burden on their ability to practice their religion.

The _____ Amendment protects the "right of the people to be secure in their persons, houses, papers, and effects." Usually officers must obtain a ______, based on ______, in order to enter a dwelling. Under the _____ Amendment, natural persons, but not _____, have the right not to incriminate themselves.

Provisions of the Fifth and Fourteenth Amendments guarantee that no person shall be deprived of life, liberty, or property without due process of law. This clause applies to all "legal persons," meaning:

Substantive due process

Equal protection

Procedural due process

T/F A law that imposes prison sentences on all street entertainers without a trial would likely violate procedural due process.

If a student is kicked out of school based on an allegation of cheating but does not have an opportunity to present his case to the dean, it is likely a violation of:

The Fourteenth Amendment does NOT guarantee: a) freedom of the press b) equal protection of the laws c) fair process and procedure d) fair content of regulations

To determine whether a law violates the equal protection clause, courts use one of three different standards. These three standards are:

T/F A state law that bans illegitimate children from claiming child support from their parents after they turn ten, but does not ban legitimate children from doing the same, violates the procedural due process clause.

The ______ basis test requires that the classification of people be related to a _____ government interest.

T/F The U.S. Constitution specifically mentions privacy as one of the protected rights U.S. citizens have.

Privacy Act

Electronic Communications Privacy Act

Freedom of Information Act

Health Insurance Portability and Accountability Act

Gramm-Leach-Bliley Act

The _____ greatly expanded the authority of the government to monitor e-mails and Web site visits.

What does the 10th amendment do?

What are the police powers?

T/F Police pulling you over is correct application of police powers.

T/F The police powers are concerned with the tasks of the police force.

What is the privileges and immunities clause?

What is the full faith and credit clause?

T/F Privileges and Immunities Clause means that states must comply and enforce the ruling of other states concerning mainly property and criminal law.

Virtually the entire reason we have the Constitution which we have today is because:

What is the commerce clause?

What is the first amendment and what is the business exception to it?

What is the second amendment?

What is the fourth amendment and what is the business exception?

What is the fifth amendment and what is the business exception?

What are the three levels of equal protection?

What is strict scrutiny based on?

What is intermediate scrutiny based on?

What is "rational basis" test based on?