Question 1

Congress can use its spending power to achieve social welfare objectives.

Accepted Answer

A) True 
 B)False

Question 2

The first _____ amendments to the U.S.Constitution are known as the Bill of Rights.

Accepted Answer

A)   Five
B)   Six
C)   Eight
D)   Nine
E)   TenF) B) and D)
G) A) and E)

Question 3

Which of the following is true regarding rights of the citizens of Belarus?

Accepted Answer

A)   The constitution restricts movement outside of the country.
B)   The defendant in a criminal case has no protection from providing evidence against himself or herself.
C)   Citizens have the right to profess any religion, but they must profess some religion.
D)   The constitution limits the workweek to 30 hours.
E)   Citizens accused of crimes are presumed innocent until proven guilty.F) B) and C)
G) A) and E)

Question 4

Which of the following references rights Sam had in regard to a hearing?

Accepted Answer

A)   Sam's right to substantive due process.
B)   Sam's First Amendment rights.
C)   Sam's right to procedural due process.
D)   Sam's Fourth Amendment rights.
E)   Sam's Second Amendment rights.F) A) and D)
G) C) and E)

Question 5

Not all corporate speech is political speech.

Accepted Answer

A) True 
 B)False

Question 6

What does the term "police power" reference?

Accepted Answer

A)   The residual powers retained by each state to safeguard the health and welfare of its citizenry.
B)   The residual powers retained by the federal government to enforce valid laws and regulations.
C)   The powers granted to local government to enter residences without a search warrant.
D)   The powers granted to state governments to tax for the purposes of having law enforcement.
E)   The powers granted to state government to imprison citizens of other states who commit crimes within a state.F) B) and D)
G) D) and E)

Question 7

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 B)
G) A) and C)

Question 8

What was the result at the federal appellate court level in Trunk v.San Diego,the case in the text involving whether the presence of a cross on federal land near a Korean War memorial violated the First Amendment?

Accepted Answer

A)   The court ruled that the presence of the cross violated the First Amendment.
B)   The court ruled that the presence of the cross did not violate the First Amendment because the cross promoted the service of veterans, not a religion.
C)   The court ruled that the presence of the cross did not violate the First Amendment because it was initially erected by private parties and had historical significance.
D)   The court ruled that the presence of the cross did not violate the First Amendment because although it was erected by public authorities, it had historical significance independent of its governmental ties.
E)   The court ruled that the presence of the cross did not violate the First Amendment because although it did promote a particular religion, that religion was practiced by large numbers of the surrounding citizens.F) C) and E)
G) A) and D)

Question 9

Which of the following are types of due process?

Accepted Answer

A)   Procedural, substantive, and independent
B)   Substantive, independent, and full faith
C)   Independent, full faith, and substantive
D)   Independent, full faith, and procedural
E)   Procedural and substantiveF) A) and E)
G) A) and B)

Question 10

When may government agents search without a search warrant?

Accepted Answer

A)   When law enforcement officials believe it is likely that the items sought will be removed before they can obtain a warrant.
B)   Outside of normal working hours for a judge.
C)   When they can show that the suspect who lives in the residence at issue has been in jail previously.
D)   When they can show that a felony is involved.
E)   When they can show that they have heightened probable cause.F) B) and E)
G) D) and E)

Question 11

Which of the following is true regarding Sam's statement?

Accepted Answer

A)   Sam is correct.
B)   Sam is correct only if the state is making efforts to put social programs into effect and is not acting unreasonably in refusing to provide other needed services.
C)   Sam is partially correct in saying that Congress has no authority to link highway funds with social services, but any other funds may be linked to social services by executive order.
D)   Sam is partially correct in saying that Congress has no authority to link highway funds with social services, but other funds may be linked to social services by an act of Congress.
E)   Sam is incorrect.F) A) and E)
G) D) and E)

Question 12

Which of the following refers to the basic fairness of laws that may deprive an individual of her life,liberty,or property?

Accepted Answer

A)   Procedural due process
B)   Substantive due process
C)   Independent due process
D)   The prohibition against taking
E)   The prohibition against pervasive regulationF) A) and C)
G) A) and B)

Question 13

What does the establishment clause of the First Amendment provide?

Accepted Answer

A)   Government cannot make a law prohibiting the free exercise of religion.
B)   Government cannot make a law establishing a religion.
C)   Government cannot make a law referencing religion in any manner.
D)   Government must establish laws respecting religion in order to prevent disruptive behavior such as terrorism and to allow free-exercise by the majority.
E)   That only religions recognized when the First Amendment was passed are entitled to recognition and protection.F) C) and E)
G) A) and D)

Question 14

What was the result at the U.S.Supreme Court level in the Case Opener involving the constitutionality of the "individual mandate" contained within the Affordable Care Act requiring that most Americans obtain minimum essential health insurance contained within the Affordable Care Act?

Accepted Answer

A)   The Supreme Court upheld the "individual mandate" of the Affordable Care Act on the basis that it was a valid exercise of congressional power under the taxing clause.
B)   The Supreme Court upheld the "individual mandate of the Affordable Care Act on the basis that it was a valid exercise of congressional power" under the commerce clause.
C)   The Supreme Court upheld the "individual mandate" of the Affordable Care Act on the basis that it was a valid exercise of congressional power under the taxing clause and also under the Commerce Clause.
D)   The Supreme Court struck the "individual mandate" from the Affordable Care Act as a violation of the Commerce Clause but allowed the remainder of the law to remain.
E)   The Supreme Court struck the "individual mandate" from the Affordable Care Act as a violation of the taxing clause but allowed the remainder of the law to remain.F) A) and B)
G) C) and E)

Question 15

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 E)
G) A) and D)

Question 16

What does the Fifth Amendment's takings clause reference?

Accepted Answer

A)   The right of the government to take private property for public use without paying compensation to the owner.
B)   The requirement that the government pay the owner just compensation if the government wants to take private property for public use.
C)   The right of the government to put individuals in jail for up to ten days without a hearing.
D)   The right of the government to put individuals in jail for up to five days without a hearing.
E)   The requirement that the government compensate an owner for anything destroyed during a search.F) None of the above
G) A) and D)

Question 17

Which amendment protects against double jeopardy?

Accepted Answer

A)   The First Amendment
B)   The Second Amendment
C)   The Third Amendment
D)   The Fourth Amendment
E)   The Fifth AmendmentF) B) and E)
G) A) and E)

Question 18

Which of the following is true on the issue of whether Sam had a right to remain silent?

Accepted Answer

A)   The officer was incorrect, and Sam had the right to remain silent based on his constitutional protection against self-incrimination.
B)   The officer was correct that Sam had no right to remain silent, and there has never been a constitutional right entitling a defendant to remain silent.
C)   The officer was correct that Sam had no right to remain silent because while at one time there was a constitutional right entitling a defendant to remain silent, that right was repealed by constitutional amendment.
D)   The officer was correct, and Sam had no right to remain silent because the right against self-incrimination only protects against crimes involving physical harm to another.
E)   The officer was partially correct because while Sam had a right to remain silent about other crimes, he did not have the right to remain silent about the drugs found in the initial search.F) C) and D)
G) C) and E)

Question 19

If the law's classification scheme is based on gender,the law will be subject to ___.

Accepted Answer

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

Question 20

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) C) and D)
G) A) and B)

Exam 5: Constitutional Principles

The first _____ amendments to the U.S.Constitution are known as the Bill of Rights.

Correct AnswerverifiedShow Answer

Which of the following is true regarding rights of the citizens of Belarus?

Correct AnswerverifiedShow Answer

What was the result at the U.S.Supreme Court level in the Case Opener involving the constitutionality of the "individual mandate" contained within the Affordable Care Act requiring that most Americans obtain minimum essential health insurance contained within the Affordable Care Act?

Correct AnswerverifiedShow Answer

What was the result at the federal appellate court level in Trunk v.San Diego,the case in the text involving whether the presence of a cross on federal land near a Korean War memorial violated the First Amendment?

Correct AnswerverifiedShow Answer

Which of the following are types of due process?

Correct AnswerverifiedShow Answer

Not all corporate speech is political speech.

Correct AnswerverifiedShow Answer

If the law's classification scheme is based on gender,the law will be subject to ___.

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Which of the following is true on the issue of whether Sam had a right to remain silent?

Correct AnswerverifiedShow Answer

What does the term "police power" reference?

Correct AnswerverifiedShow Answer

Which of the following is true regarding Sam's statement?

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

When may government agents search without a search warrant?

Correct AnswerverifiedShow Answer

What does the establishment clause of the First Amendment provide?

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

Which of the following references rights Sam had in regard to a hearing?

Correct AnswerverifiedShow Answer

What does the Fifth Amendment's takings clause reference?

Correct AnswerverifiedShow Answer

Which amendment protects against double jeopardy?

Correct AnswerverifiedShow Answer

Congress can use its spending power to achieve social welfare objectives.

Correct AnswerverifiedShow Answer

Which of the following refers to the basic fairness of laws that may deprive an individual of her life,liberty,or property?

Correct AnswerverifiedShow Answer

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