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


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

F) A) and C)
G) A) and E)

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Federal administrative agencies can pass rules,which are included as federal law.

A) True
B) False

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The Bill of Rights comprises the first ________ amendments to the U.S.Constitution.


A) Six
B) Five
C) Ten
D) Eight
E) Nine

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

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Is Devonne's statement about taxing residents of different states correct?


A) Devonne is incorrect.The U.S.Congress has complete discretion on taxation.
B) Devonne is partially incorrect because before the U.S.Congress taxes one state's residents at a higher rate than citizens of other states,a rational relationship between the difference and governmental need must be shown.
C) Devonne is correct.
D) Devonne is incorrect because before the U.S.Congress taxes one state's residents at a higher rate than citizens of other states,a disparity of income of over 30% between one state and another must be shown.
E) Devonne is incorrect because before the U.S.Congress taxes one state's residents at a higher rate than citizens of other states,an important need must be shown.

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

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Which of the following is an example of the system of checks and balances?


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

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

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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?


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 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.
E) That because violent crime was involved,Congress had authority under the Commerce Clause to pass the section at issue.

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

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When can government agents obtain a search warrant?


A) Anytime the judge is in his office and they show identification as government agents.
B) When they can establish cause to a substantial certainty.
C) When they can establish reasonable cause.
D) When they can establish probable cause.
E) Anytime they have an informant.

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

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Corina believes the lizard ban by the Federal Aviation Administration FAA) is not a law because it is an administrative agency rule.Is she correct?


A) Yes,because the FAA is only an administrative agency.
B) Yes,because the FAA rules do not have the same status as laws.
C) No,because of the supremacy clause.
D) No,because federal laws include rules passed by federal administrative agencies.
E) Yes,because there are no checks and balances on federal administrative agencies.

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

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Cruel and unusual punishment is prohibited under the ________ Amendment.


A) Eighth
B) Second
C) Fifth
D) Fourth
E) Tenth

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

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What does the establishment clause of the First Amendment provide?


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

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

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Why must federal legislation that affects business be based on an expressed constitutional grant of authority?


A) Because it is a custom.
B) Because President Lincoln issued an executive order to that effect.
C) Because the U.S.Congress passed a law to that effect.
D) Because President Washington issued an executive order to that effect.
E) Because the federal government has only those powers granted to it by the Constitution.

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

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The privileges and immunities clause prohibits states from discriminating against citizens of other states when those nonresidents engage in ordinary and essential activities.

A) True
B) False

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The right to privacy is not expressly provided in the Constitution.

A) True
B) False

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What was the result at the federal appellate court level in Trunk v.City of 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?


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 although it was erected by public authorities,it had historical significance independent of its governmental ties.
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 did promote a particular religion,that religion was practiced by large numbers of the surrounding citizens.
E) 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.

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

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Was the officer correct in telling Sam he had no right to remain silent?


A) 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.
B) 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.
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 incorrect,and Sam had the right to remain silent based on his constitutional protection against self-incrimination.
E) 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.

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

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The U.S.Constitution establishes a system of government based on the principle of federalism.

A) True
B) False

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Celine and Monroe were married in California,but divorced ten years later in New York.Celine moved to Hawaii.Must Hawaii recognize her divorce decree?


A) No,because of the equal protection clause.
B) Yes,because of the Ninth Amendment.
C) No,because each state has the right to promulgate its own laws.
D) No,because the commerce clause restricts the power of state government.
E) Yes,because of the full faith and credit clause.

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

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The First Amendment to the U.S.Constitution is the primary source of authority for federal regulation of business.

A) True
B) False

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


A) Three
B) Five
C) Two
D) Four
E) Six

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

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[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?


A) 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.
B) 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.
C) He is incorrect in saying that the U.S.Constitution generally reserves the right to tax to 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 to 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.The U.S.Constitution contains no such reservation.

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

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