Question 1

The U.S.Constitution explicitly allows courts to review legislative and executive actions to determine whether they are constitutional.

Accepted Answer

A) True 
 B)False

Question 2

The United States Constitution establishes a system of government based on the principle of ________,according to which the authority to govern is divided between federal and state governments.

Accepted Answer

A)  plurality
B)  deism
C)  plutocracy
D)  oligarchy
E)  federalismF) A) and E)
G) A) and C)

Question 3

Which of the following is an example of the state's exercise of its police power?

Accepted Answer

A)  The enactment of state criminal codes.
B)  The enactment of state criminal codes and zoning laws.
C)  The enactment of criminal laws,building codes,zoning laws,sanitation standards for restaurants,and regulations for the practice of medicine.
D)  The enactment of criminal laws,building codes,zoning laws,and regulations for the practice of medicine,but not sanitation standards for restaurants.
E)  The enactment of laws governing regulations for law enforcement only.F) C) and D)
G) A) and B)

Question 4

What does the Establishment Clause of the First Amendment to the United States Constitution provide?

Accepted Answer

A)  That government cannot make a law prohibiting the free exercise of religion.
B)  That government cannot make a law respecting an establishment of religion.
C)  That government cannot make a law referencing religion in any manner.
D)  That government cannot make a law prohibiting the free exercise of religion; that government cannot make a law respecting an establishment of religion; and that government cannot make a law referencing religion in any manner.
E)  None of theseF) A) and B)
G) All of the above

Question 5

Junk Food.Mary Dogood,a member of the school board in ABC County,is appalled at the amount of junk food in the schools.She convinces the state legislature to pass an ordinance that no stores may sell any unhealthy junk food within 500 feet of any school or day care center.A teacher of political science raises the issue of whether the regulation is valid and is told that it is a valid exercise of the jurisdiction's police power to protect its citizens.Convenience stores balk at the regulation and challenge it in court.What concept is addressed regarding the reference to "police power"?

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

Question 6

Which amendment to the United States Constitution provides that all powers that the Constitution neither gives exclusively to the federal government nor takes from the states are reserved for the states?

Accepted Answer

A)  The First Amendment
B)  The Second Amendment
C)  The Fifth Amendment
D)  The Sixth Amendment
E)  The Tenth AmendmentF) A) and B)
G) C) and D)

Question 7

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

Accepted Answer

A) True 
 B)False

Question 8

The United States Congress has the power to enact legislation,but the president can veto a law that Congress passes.

Accepted Answer

A) True 
 B)False

Question 9

Insurance.Susan,a trained nurse,was recently elected to the U.S.Senate.Susan is very concerned about the lack of insurance for many children and also working adults who cannot afford the insurance premiums.She proposes legislation that states are taxed sufficiently to provide health insurance coverage to children and that federal funds for state highways are denied to any state that does not also provide insurance coverage for uninsured adults.She also proposed that states with citizens earning higher than average incomes be taxed at a higher rate than other states.Bill,a senator,tells Susan that Congress lacks the authority to tax in this manner because the U.S.Constitution expressly reserves that right to the states.Ellen,another senator,tells Susan that Congress has no authority to link highway funds or any other funds with social welfare objectives.Sam,an administrative assistant,tells Susan that Congress is prohibited from taxing residents of one state at a higher rate than citizens of another state.Which of the following is true regarding Ellen's statement?

Accepted Answer

A)  Ellen is correct.
B)  Ellen is correct only if the state is making efforts to put social programs into effect and is not acting unreasonably in refusing to provide needed services.
C)  Ellen is partially correct in 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)  Ellen is partially correct in 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)  Ellen is incorrect.F) A) and D)
G) A) and E)

Question 10

Courts analyze government restrictions on commercial speech according to a four-part test established in Central Hudson Gas & Electric Corp.v.Public Service Commission of New York.

Accepted Answer

A) True 
 B)False

Question 11

Who wrote the opinion for the landmark 1803 United States Supreme Court case Marbury v.Madison?

Accepted Answer

A)  John Marshall
B)  Oliver Wendell Holmes
C)  William Rehnquist
D)  Louis Brandeis
E)  Learned HandF) B) and C)
G) C) and E)

Question 12

The common law process of ________ allows courts to review legislative and executive actions to determine whether they are constitutional.

Accepted Answer

A)  executive fiat
B)  judicial deference
C)  legislative deference
D)  judicial review
E)  res ipsa loquiturF) All of the above
G) C) and E)

Question 13

What does the Free-Exercise Clause of the First Amendment to the United States Constitution provide?

Accepted Answer

A)  That government cannot make a law prohibiting the free exercise of religion.
B)  That government cannot make a law establishing a religion.
C)  That government cannot make a law referencing religion in any manner.
D)  That government cannot make a law prohibiting the free exercise of religion; that government cannot make a law establishing a religion; and that government cannot make a law referencing religion in any manner.
E)  None of these.F) A) and B)
G) None of the above

Question 14

The Fourth Amendment to the United States Constitution extends most of the provisions of the Bill of Rights to the states.

Accepted Answer

A) True 
 B)False

Question 15

The U.S.Constitution allocates the power of the federal government among the three branches of government.

Accepted Answer

A) True 
 B)False

Question 16

When is a strict scrutiny standard used to examine laws,how is this standard applied,and what presumption do courts apply (if any)in cases involving this standard? Explain whether you believe the strict scrutiny standard should be applied when a state government institutes a law distinguishing between individuals or groups.

Accepted Answer

If a law prevents individuals from exerc...

Question 17

Which of the following is true regarding the Privileges and Immunities Clause of the United States Constitution?

Accepted Answer

A)  Under the clause,a state cannot prohibit nonresidents from opening restaurants in the state.
B)  Under the clause,a state can allow state universities to charge higher tuition to out-of-state students because residents pay taxes that fund state universities,while out-of-state students do not.
C)  Under the clause,states may not discriminate against citizens of other states in the buying and selling of property.
D)  Under the clause,a state cannot prohibit nonresidents from opening restaurants in the state; a state can allow state universities to charge higher tuition to out-of-state students because residents pay taxes that fund state universities,while out-of-state students do not; and states may not discriminate against citizens of other states in the buying and selling of property.
E)  None of these.There is no Privileges and Immunities Clause in the United States Constitution.The Privileges and Immunities Clause is contained in a statute passed by Congress.F) B) and C)
G) C) and D)

Question 18

If a law prevents individuals from exercising a fundamental right,the law will be subject to ________ scrutiny.

Accepted Answer

A)  intermediate
B)  rational basis
C)  severe
D)  strict
E)  subjectiveF) A) and C)
G) C) and D)

Question 19

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) B) and E)
G) C) and E)

Question 20

Which constitutional amendment prohibits cruel and unusual punishment?

Accepted Answer

A)  The Second Amendment
B)  The Fourth Amendment
C)  The Fifth Amendment
D)  The Eighth Amendment
E)  The Tenth AmendmentF) A) and D)
G) A) and B)

Exam 5: Constitutional Law

Which amendment to the United States Constitution provides that all powers that the Constitution neither gives exclusively to the federal government nor takes from the states are reserved for the states?

Correct Answer
verified

Which of the following is true regarding the Privileges and Immunities Clause of the United States Constitution?

Correct Answer
verified

Correct Answer
verified

The United States Congress has the power to enact legislation,but the president can veto a law that Congress passes.

Correct Answer
verified

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

Correct Answer
verified

The Fourth Amendment to the United States Constitution extends most of the provisions of the Bill of Rights to the states.

Correct Answer
verified

Who wrote the opinion for the landmark 1803 United States Supreme Court case Marbury v.Madison?

Correct Answer
verified

The United States Constitution establishes a system of government based on the principle of ________,according to which the authority to govern is divided between federal and state governments.

Correct Answer
verified

Which constitutional amendment prohibits cruel and unusual punishment?

Correct Answer
verified

Correct Answer
verified
If a law prevents individuals from exerc...
View Answer

What does the Free-Exercise Clause of the First Amendment to the United States Constitution provide?

Correct Answer
verified

Which of the following is an example of the state's exercise of its police power?

Correct Answer
verified

Correct Answer
verified

If a law prevents individuals from exercising a fundamental right,the law will be subject to ________ scrutiny.

Correct Answer
verified

The common law process of ________ allows courts to review legislative and executive actions to determine whether they are constitutional.

Correct Answer
verified

What does the Establishment Clause of the First Amendment to the United States Constitution provide?

Correct Answer
verified

The U.S.Constitution explicitly allows courts to review legislative and executive actions to determine whether they are constitutional.

Correct Answer
verified

Courts analyze government restrictions on commercial speech according to a four-part test established in Central Hudson Gas & Electric Corp.v.Public Service Commission of New York.

Correct Answer
verified

What does the Fifth Amendment's Takings Clause reference?

Correct Answer
verified

The U.S.Constitution allocates the power of the federal government among the three branches of government.

Correct Answer
verified

Exam 5: Constitutional Law

Which amendment to the United States Constitution provides that all powers that the Constitution neither gives exclusively to the federal government nor takes from the states are reserved for the states?

Correct AnswerverifiedShow Answer

Which of the following is true regarding the Privileges and Immunities Clause of the United States Constitution?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

The United States Congress has the power to enact legislation,but the president can veto a law that Congress passes.

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

The Fourth Amendment to the United States Constitution extends most of the provisions of the Bill of Rights to the states.

Correct AnswerverifiedShow Answer

Who wrote the opinion for the landmark 1803 United States Supreme Court case Marbury v.Madison?

Correct AnswerverifiedShow Answer

The United States Constitution establishes a system of government based on the principle of ________,according to which the authority to govern is divided between federal and state governments.

Correct AnswerverifiedShow Answer

Which constitutional amendment prohibits cruel and unusual punishment?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedIf a law prevents individuals from exerc...View AnswerShow Answer

What does the Free-Exercise Clause of the First Amendment to the United States Constitution provide?

Correct AnswerverifiedShow Answer

Which of the following is an example of the state's exercise of its police power?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

If a law prevents individuals from exercising a fundamental right,the law will be subject to ________ scrutiny.

Correct AnswerverifiedShow Answer

The common law process of ________ allows courts to review legislative and executive actions to determine whether they are constitutional.

Correct AnswerverifiedShow Answer

What does the Establishment Clause of the First Amendment to the United States Constitution provide?

Correct AnswerverifiedShow Answer

The U.S.Constitution explicitly allows courts to review legislative and executive actions to determine whether they are constitutional.

Correct AnswerverifiedShow Answer

Courts analyze government restrictions on commercial speech according to a four-part test established in Central Hudson Gas & Electric Corp.v.Public Service Commission of New York.

Correct AnswerverifiedShow Answer

What does the Fifth Amendment's Takings Clause reference?

Correct AnswerverifiedShow Answer

The U.S.Constitution allocates the power of the federal government among the three branches of government.

Correct AnswerverifiedShow Answer

Correct Answer
verified

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
verified
If a law prevents individuals from exerc...
View Answer

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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