Question 1

Louisiana passes a law that changes the voting age and requirements for its citizens to vote. Which test will the courts use to evaluate the case?

Accepted Answer

A)   Strict scrutiny
B)   Intermediate scrutiny
C)   Rational basis scrutiny
D)   Popular scrutiny
E)   Legal scrutinyF) A) and D)
G) A) and E)

Question 2

[Leaf] Leaf, an employee of the California Department of Forestry, insisted on signing inter-office memoranda with his name and the initials "FOJT", an abbreviation for his church "Followers of Jesus' Trees". Leaf's supervisor, Milo, told Leaf there was a rule prohibiting displays of religion at work and insisted that Leaf cease placing the initials of his church on government paperwork. When Leaf refused to follow the work rule, he was terminated.
-Which of the following is an example of the system of checks and balances?

Accepted Answer

A)   Congress can appoint a federal judge.
B)   The President refuses to approve Congress' appointment of a federal judge.
C)   Congress passes an amendment to overrule judicial rulings.
D)   Congress declares a law unconstitutional.
E)   The Supreme Court refuses to approve the president's appointment of a Cabinet member.F) All of the above
G) C) and D)

Question 3

What was the Supreme Court ruling in Christy Brzonkala v. Antonio J. Morrison et. al., the case in the text involving the constitutionality of the section of the Violence Against Women Act providing for a civil remedy?

Accepted Answer

A)   That Congress lacked authority under the Commerce Clause to pass the section at issue.
B)   That because of its police powers, Congress had authority under the Commerce Clause to pass the section at issue.
C)   That because gender-motivated crimes were at issue, Congress had authority under the Commerce Clause to pass the section at issue.
D)   That because violent crime was involved, Congress had authority under the Commerce Clause to pass the section at issue.
E)   That because the petitioner established a link between the cost of crime against women and national productivity, Congress had authority under the Commerce Clause to pass the section at issue.F) C) and D)
G) C) and E)

Question 4

[Leaf] Leaf, an employee of the California Department of Forestry, insisted on signing inter-office memoranda with his name and the initials "FOJT", an abbreviation for his church "Followers of Jesus' Trees". Leaf's supervisor, Milo, told Leaf there was a rule prohibiting displays of religion at work and insisted that Leaf cease placing the initials of his church on government paperwork. When Leaf refused to follow the work rule, he was terminated.
-Which of the following is recognized by the Chinese constitution or laws?

Accepted Answer

A)   Citizens' rights.
B)   Natural rights.
C)   Freedom of assembly.
D)   Freedom of speech.
E)   Human rights.F) A) and B)
G) B) and D)

Question 5

What does protection against "double jeopardy" mean?

Accepted Answer

A)   The government cannot try a person more than once for the same crime.
B)   The government cannot try a person more than twice for the same crime.
C)   The government must have double proof to prosecute a person twice for the same crime.
D)   The government must show that at least two people were injured by the defendant in order to justify trying the defendant twice for the same crime.
E)   The government may impose a double sentence on a repeat offender in order to protect the public.F) B) and E)
G) A) and C)

Question 6

In an early U.S. Supreme Court interpretation of the commerce clause, the Court ruled that ________ could regulate labor relations at a manufacturing plant because a work stoppage at the plant would seriously impact interstate commerce.

Accepted Answer

A)   Congress
B)   the President
C)   the Senate
D)   state legislatures
E)   state governorsF) C) and D)
G) B) and C)

Question 7

If a person is tried for murder and acquitted (found not guilty) , which amendment protects against double jeopardy and the person not being tried again?

Accepted Answer

A)   The Third Amendment
B)   The Fourth Amendment
C)   The Fifth Amendment
D)   The Ninth Amendment
E)   The Tenth AmendmentF) A) and B)
G) B) and C)

Question 8

Which of the following is true regarding the right of the federal government to obtain business books and records?

Accepted Answer

A)   The government has an absolute right to business books and records so long as a subpoena is issued by a grand jury.
B)   The government has no rights to such records without a search warrant, and a grand jury subpoena is insufficient regardless of whether a sole proprietor or a corporate shareholder is involved.
C)   Obtaining books and records from a sole shareholder of a corporation and also from a sole proprietor based only upon a subpoena issued by a grand jury violates the right against self-incrimination.
D)   Obtaining books and records from a sole proprietor based only on a subpoena from a grand jury violates the owner's rights against self-incrimination, but seizing records from a sole shareholder of a corporation in that manner does not violate rights against self-incrimination.
E)   Obtaining books and records from a sole shareholder of a corporation based only on a subpoena from a grand jury violates the shareholder's rights against self-incrimination, but seizing records from a sole proprietor in that manner does not violate rights against self-incrimination.F) B) and E)
G) A) and E)

Question 9

[Animal Care] Kimora, a licensed veterinarian, was recently elected to the U.S. Senate. Kimora is very concerned about the lack of care for homeless cats and dogs. She proposes legislation whereby citizens of all states are to be taxed sufficiently to provide for no-kill animal shelters, and that citizens in states with higher than average incomes are to be taxed at a higher rate than citizens of other states. She also proposes that federal funds for state highways be denied to any state that fails to provide assistance to low-income citizens in covering pet vaccinations. José, another new senator, tells Kimora that, apart from the mandated federal income tax, Congress lacks the authority to tax states because the U.S. Constitution expressly reserves that right to the states. Sven, another senator, tells Kimora that Congress has no authority to link highway funds or any other funds with social welfare objectives. Devonne, a clerk in the Senate, tells Kimora that Congress is absolutely prohibited from taxing residents of one state at a higher rate than citizens of another state.
-In saying that Congress lacks the authority to tax states, is José correct?

Accepted Answer

A)   He is incorrect. The U.S. Constitution contains no such reservation.
B)   He is incorrect because while the U.S. Constitution prohibits taxation in areas in which states also tax, most states are not taxing for pet care purposes at this time.
C)   He is incorrect in saying that the U.S. Constitution generally reserves the right to tax the states but he is correct in saying that Congress lacks the authority to tax in this manner because Congress cannot lay taxes for any reason other than essential needs of the federal government.
D)   He is incorrect in saying that the U.S. Constitution generally reserves the right to tax the states but he is correct in saying that Congress lacks the authority to tax in this manner because the president has issued an executive order prohibiting such taxation.
E)   He is incorrect because the prohibition against Congress imposing taxes apart from the federal income tax is contained in a federal statute passed by Congress, not in the U.S. Constitution.F) A) and B)
G) A) and C)

Question 10

[Thermal Imaging] Sam was illegally growing marijuana in his home using heat lamps. The police randomly selected his street to search for illegal activity. Without any kind of a warrant, they used a thermal imager, an instrument that detects heat emissions, and determined that given the amount of emissions coming from Sam's house, he must be engaged in criminal marijuana cultivation. The police immediately broke down Sam's door, searched his home, and arrested him. The police officer in charge told Sam that he had no right to stay silent and that he might as well confess. Sam proceeded to confess to growing marijuana and a number of other crimes. The judge was so angry with Sam that he threw him in jail for two months without any kind of hearing. Sam's lawyer, who just graduated from law school, is not sure if the police acted legally in Sam's case by using the thermal imager. Sam's lawyer also questions whether Sam had a right to remain silent, and he is concerned that the judge has not granted Sam a hearing.
-Would Sam have a right to a hearing?

Accepted Answer

A)   Yes, due to Sam's right to substantive due process.
B)   Yes, due to Sam's First Amendment rights.
C)   Yes, due to Sam's right to procedural due process.
D)   No, Sam's Fourth Amendment rights were not violated
E)   No, due to Sam's Second Amendment rights.F) C) and E)
G) B) and C)

Question 11

Restrictions on states' authority to pass laws that substantially affect interstate commerce are referenced by which of the following?

Accepted Answer

A)   The dormant commerce clause
B)   The superior commerce clause
C)   The interstate trafficking commerce clause
D)   The tracking clause
E)   The state authority clauseF) A) and E)
G) A) and B)

Question 12

Jaidyn, who just turned eighteen, is out with several friends. They decide to see a movie, but it is sold out. Jaidyn hides in the back of the theatre and yells "Fire" as loudly as she can. The theatre empties, allowing Jaidyn and her friends (or so they think) to watch the movie. Unfortunately, a theatre employee saw Jaidyn yelling, called the police, and she is arrested. Jaidyn tells police officers that she's merely exercising her free speech rights. She adds that the employee is lying and that she personally saw him stealing popcorn. The theatre employee tells Jaidyn that he will sue her for defamation, to which her response is that she would win based on her right to free speech. Discuss whether or not Jaidyn is right on both counts and why.

Accepted Answer

While the First Amendment protects freed...

Question 13

[Big City] Leona and Enoch lived next door to each other for over thirty years. In an effort to bring new business and jobs into the area, the Big City council planned to build a shopping center, business park, and hotel. Big City notified Leona and Enoch that it had the authority to seize their land for public use, and Big City would provide them temporary housing and $1,000 in moving expenses. Leona and Enoch filed suit.
-Who would likely win this lawsuit?

Accepted Answer

A)   Leona and Enoch. They had owned the land for over thirty years.
B)   Leona and Enoch. Under the theory of eminent domain, the land must be used for "public purposes" and the land cannot be taken for economic development.
C)   Leona and Enoch. Even though the use of eminent domain for the purpose of economic development is constitutional, the government must pay the owner fair market value for the property.
D)   Big City. The use of eminent domain is constitutional.
E)   Big City. Economic development is a compelling government interest.F) A) and B)
G) C) and D)

Question 14

Judicial review is explicitly laid out in the Constitution.

Accepted Answer

A) True 
 B)False

Question 15

If a law prevents individuals from exercising a fundamental right, or if the law's classification scheme involves suspect classifications, such as race, national origin or citizenship, the action will be subject to the rational-basis test.

Accepted Answer

A) True 
 B)False

Question 16

Georgena believes that her company cannot force her to say prayer each morning before the work day starts. Which amendment to the Constitution would she look to for guidance?

Accepted Answer

A)   First
B)   Second
C)   Fifth
D)   Ninth
E)   None, Georgena would have to do as her company requested or risk being fired.F) B) and E)
G) A) and D)

Question 17

What do courts generally presume regarding laws passed in accordance with states' police power?

Accepted Answer

A)   There is no presumption.
B)   The laws are valid.
C)   The laws are invalid.
D)   The laws are invalid unless it involves a First Amendment right.
E)   The laws are invalid unless it involves regulation of interstate commerce.F) A) and C)
G) B) and D)

Question 18

Today, when the First Amendment is concerned, what does the term "political speech" reference with regard to corporations?

Accepted Answer

A)   Speech that occurs when corporations support political candidates.
B)   Speech by any citizen in connection with an election campaign.
C)   Speech by elected officials regarding other elected officials.
D)   Speech by private citizens involving advertising that is regulated by state government.
E)   While the term "political speech" has historical connections, the First Amendment is not referenced in relation to "political speech" today because today all speech is considered at the same level.F) C) and E)
G) None of the above

Question 19

According to the principle of federalism established by the U.S. Constitution, how is the authority to govern allocated?

Accepted Answer

A)   It is allocated to the federal government.
B)   It is allocated to the states.
C)   It is allocated to local jurisdictions.
D)   It is allocated to the U.S. Senate.
E)   It is divided between federal and state governments.F) A) and C)
G) None of the above

Question 20

The due process clauses establishes what two types of due process?

Accepted Answer

A)   Substantive and independent
B)   Procedural and independent
C)   Commerce and independent
D)   Substantive and procedural
E)   Commerce and historicalF) All of the above
G) A) and B)

Exam 5: Constitutional Principles

Restrictions on states' authority to pass laws that substantially affect interstate commerce are referenced by which of the following?

Correct Answer
verified

Louisiana passes a law that changes the voting age and requirements for its citizens to vote. Which test will the courts use to evaluate the case?

Correct Answer
verified

What was the Supreme Court ruling in Christy Brzonkala v. Antonio J. Morrison et. al., the case in the text involving the constitutionality of the section of the Violence Against Women Act providing for a civil remedy?

Correct Answer
verified

According to the principle of federalism established by the U.S. Constitution, how is the authority to govern allocated?

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

In an early U.S. Supreme Court interpretation of the commerce clause, the Court ruled that ________ could regulate labor relations at a manufacturing plant because a work stoppage at the plant would seriously impact interstate commerce.

Correct Answer
verified

The due process clauses establishes what two types of due process?

Correct Answer
verified

Georgena believes that her company cannot force her to say prayer each morning before the work day starts. Which amendment to the Constitution would she look to for guidance?

Correct Answer
verified

Correct Answer
verified

If a law prevents individuals from exercising a fundamental right, or if the law's classification scheme involves suspect classifications, such as race, national origin or citizenship, the action will be subject to the rational-basis test.

Correct Answer
verified

Correct Answer
verified
While the First Amendment protects freed...
View Answer

Correct Answer
verified

If a person is tried for murder and acquitted (found not guilty) , which amendment protects against double jeopardy and the person not being tried again?

Correct Answer
verified

What do courts generally presume regarding laws passed in accordance with states' police power?

Correct Answer
verified

Which of the following is true regarding the right of the federal government to obtain business books and records?

Correct Answer
verified

Judicial review is explicitly laid out in the Constitution.

Correct Answer
verified

Correct Answer
verified

What does protection against "double jeopardy" mean?

Correct Answer
verified

Today, when the First Amendment is concerned, what does the term "political speech" reference with regard to corporations?

Correct Answer
verified

Exam 5: Constitutional Principles

Restrictions on states' authority to pass laws that substantially affect interstate commerce are referenced by which of the following?

Correct AnswerverifiedShow Answer

Louisiana passes a law that changes the voting age and requirements for its citizens to vote. Which test will the courts use to evaluate the case?

Correct AnswerverifiedShow Answer

What was the Supreme Court ruling in Christy Brzonkala v. Antonio J. Morrison et. al., the case in the text involving the constitutionality of the section of the Violence Against Women Act providing for a civil remedy?

Correct AnswerverifiedShow Answer

According to the principle of federalism established by the U.S. Constitution, how is the authority to govern allocated?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

In an early U.S. Supreme Court interpretation of the commerce clause, the Court ruled that ________ could regulate labor relations at a manufacturing plant because a work stoppage at the plant would seriously impact interstate commerce.

Correct AnswerverifiedShow Answer

The due process clauses establishes what two types of due process?

Correct AnswerverifiedShow Answer

Georgena believes that her company cannot force her to say prayer each morning before the work day starts. Which amendment to the Constitution would she look to for guidance?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

If a law prevents individuals from exercising a fundamental right, or if the law's classification scheme involves suspect classifications, such as race, national origin or citizenship, the action will be subject to the rational-basis test.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedWhile the First Amendment protects freed...View AnswerShow Answer

Correct AnswerverifiedShow Answer

If a person is tried for murder and acquitted (found not guilty) , which amendment protects against double jeopardy and the person not being tried again?

Correct AnswerverifiedShow Answer

What do courts generally presume regarding laws passed in accordance with states' police power?

Correct AnswerverifiedShow Answer

Which of the following is true regarding the right of the federal government to obtain business books and records?

Correct AnswerverifiedShow Answer

Judicial review is explicitly laid out in the Constitution.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

What does protection against "double jeopardy" mean?

Correct AnswerverifiedShow Answer

Today, when the First Amendment is concerned, what does the term "political speech" reference with regard to corporations?

Correct AnswerverifiedShow Answer

Correct Answer
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While the First Amendment protects freed...
View Answer

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