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Explain "dormant commerce clause" as a concept.

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The dormant commerce clause is a restric...

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In United States v.Lopez,the U.S.Supreme Court addressed the constitutionality of the Gun-Free School Zone Act.What did the Court rule?


A) The Court ruled that the law was a valid exercise of congressional authority contained within the Bill of Rights.
B) The Court ruled that Congress exceeded its commerce clause authority when it passed the act.
C) The Court ruled that Congress exceeded its power under the Bill of Rights when it passed the act.
D) The Court ruled that the law was a valid exercise of the Court's authority under the commerce clause.
E) The Court ruled that the law was a valid exercise of congressional authority under the full faith and credit clause.

F) All of the above
G) B) and C)

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Which amendment states that the powers that the Constitution does not give to the federal government are reserved for the states?


A) Tenth
B) First
C) Sixth
D) Second
E) Fifth

F) C) and E)
G) None of the above

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Some other countries' constitutions provides rights that American citizens do not have.

A) True
B) False

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Set forth the Central Hudson Test for Commercial Speech.

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The test h...

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If a state passed a law prohibiting the use of contraceptives,would a court likely find this law to be unconstitutional?


A) Yes,because it is an unreasonable seizure of property.
B) Yes,because it violates individuals' right to privacy.
C) No,as long as the law treats citizens from other states the same as citizens in that state.
D) Yes,unless the law can pass the rational-basis test.
E) No,as long as the law does not discriminate against women.

F) None of the above
G) A) and B)

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Which amendment protects against double jeopardy?


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

F) A) and E)
G) A) and D)

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B

Which statement about the ability of individual states to collect sales tax on Internet transactions is true?


A) States cannot collect sales tax on Internet sales from merchants nor may a state require that its citizens report Internet purchases so that they may be taxed.
B) A state cannot collect sales tax from merchants unless sales to the state's citizens amount to more than 1 million in the aggregate.
C) A state can collect sales tax from a merchant only if the merchant has a store or distribution center in the state.
D) Individual states may without restriction collect sales tax from merchants on items purchased through the Internet by in-state residents.
E) Only with permission of Congress,granted on a state-by-state basis,may individual states collect from merchants sales tax on items purchased through the Internet by in-state residents.

F) B) and C)
G) B) and D)

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Under which of the following circumstances would the government's search be considered "unreasonable" under the Fourth Amendment?


A) Searching digital information on a cell phone with a warrant.
B) Using a drug sniffing dog during a routine traffic stop with a warrant.
C) Bringing a drug sniffing dog onto someone's front porch without a warrant.
D) Bringing a drug sniffing dog into someone's private home with a warrant.
E) Using a drug sniffing dog during a routine traffic stop without a warrant.

F) C) and D)
G) D) and E)

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


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

F) A) and E)
G) All of the above

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Big City also passed a regulation prohibiting any new construction on nearby private land in order to protect wildlife near the new shopping mall.Ivan had intended to build a house on his private property,but,because of the new regulation,his property is useless to him.Ivan meets with Yuri,an attorney,who says that Ivan is entitled to compensation for the government's actions.Is Yuri correct?


A) No,because eminent domain does not apply.
B) No,because Ivan still owns the land.
C) Yes,but only if Ivan is deprived of all economically beneficial uses of the land.
D) Yes,because the government's actions violate the equal protection clause.
E) No,because the commerce clause allows him to sell the property.

F) None of the above
G) A) and C)

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The federal government uses the ________ to strike down laws that do not directly conflict with a federal law but attempt to regulate an area within federal legislative jurisdiction.


A) Federal preemption doctrine
B) Police powers
C) Fourteenth amendment.
D) Privileges and immunities clause.
E) Commerce clause

F) A) and B)
G) D) and E)

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A

Which of the following is true regarding privacy rights?


A) The U.S.Constitution specifically provides for a right to privacy within the Second Amendment.
B) The U.S.Supreme Court has found that U.S.citizens have a right to privacy based upon the U.S.Constitution,and the U.S.Constitution specifically provides for a right to privacy within the Sixth Amendment.
C) The U.S.Supreme Court has found that U.S.citizens have a right to privacy based upon the U.S.Constitution.
D) The U.S.Constitution specifically provides for a right to privacy within the Sixth Amendment.
E) The U.S.Supreme Court has said that the U.S.Constitution does not provide any right to privacy.

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

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Sam had a right to a hearing because of which of the following?


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

F) All of the above
G) None of the above

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


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

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

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The Bill of Rights includes amendments Twelve through Fourteen.

A) True
B) False

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Which of the following is true about search warrants under the Fourth Amendment?


A) If a police officer believes it is likely that items sought will be removed from the premises,the officer must obtain an Urgent Search Warrant prior to the search.
B) The rule on "unreasonable search and seizure" only applies to individual citizens,not corporations.
C) A government official must always obtain a search warrant prior to engaging in a search of corporate property.
D) A warrantless search is permissible when an industry has a long history of pervasive regulation,such as a search authorized by the Federal Mine Safety and Health Act.
E) A police officer must always obtain a search warrant before searching a vehicle for stolen goods.

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

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After his termination,Leaf returned to his office to pack his belongings.He uploaded a message on the Department's website,which stated that Milo was a thief and has stolen thousands of dollars from the State of California.Milo,who had not stolen money from the State,later sued Leaf for defamation.How would a court likely rule?


A) For Leaf because he has an absolute right to free speech under the First Amendment.
B) For Milo,but only if Leaf also used fighting words.
C) For Leaf because the rational-basis test applies.
D) For Leaf because he did not use any lewd,profane,or obscene words.
E) For Milo because the First Amendment does not protect defamatory speech.

F) A) and E)
G) D) and E)

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What does the Fifth Amendment's takings clause reference?


A) The requirement that the government pay the owner just compensation if the government wants to take private property for public use.
B) The right of the government to put individuals in jail for up to ten days without a hearing.
C) The right of the government to take private property for public use without paying compensation to the owner.
D) The requirement that the government compensate an owner for anything destroyed during a search.
E) The right of the government to put individuals in jail for up to five days without a hearing.

F) A) and B)
G) A) and C)

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


A) It is allocated to the federal government.
B) It is divided between federal and state governments.
C) It is allocated to local jurisdictions.
D) It is allocated to the states.
E) It is allocated to the U.S.Senate.

F) D) and E)
G) B) and D)

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B

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