Question 1

According to the ______ Amendment to the Constitution, 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)   First
B)   Second
C)   Fifth
D)   Sixth
E)   TenthF) C) and E)
G) All of the above E

Question 2

"Thermal Imaging." Sam was engaged in the criminal activity of growing marijuana in his home using heat lamps in the process. 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, to determine that he was possibly engaged in illegal activity. 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 keep 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.
-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) D) and E)
G) None of the above

Question 3

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

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) None of the above
G) C) and D)

Question 4

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

Accepted Answer

A)   Individual states may without restriction collect sales tax from merchants on items purchased through the Internet by in-state residents.
B)   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.
C)   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.
D)   A state cannot collect sales tax from merchants unless sales to the state's citizens amount to more than 1 million in the aggregate.
E)   A state can collect sales tax from a merchant only if the merchant has a store or distribution center in the state.F) A) and B)
G) C) and D)

Question 5

Which of the following was the result in Family Winemakers of California v. Jenkins, the case brought by winemakers from California challenging a Massachusetts law distinguishing between how large and small winemakers could distribute their wines in Massachusetts?

Accepted Answer

A)   That the law impermissibly discriminated against out-of-state winemakers in violation of the Commerce Clause.
B)   That the law permissibly discriminated against out-of-state winemakers and did not violate the commerce clause.
C)   That the law impermissibly discriminated against out-of-state winemakers in violation of the Twenty-first Amendment to the U.S. Constitution.
D)   That the law impermissibly discriminated against out-of-state winemakers in violation of the Webb-Kenyon Acts.
E)   That the law did not discriminate against out-of-state winemakers and that, therefore, no violation occurred.F) A) and B)
G) A) and C)

Question 6

What did the U.S. Supreme Court rule in South Dakota v. Dole, the case involving the validity of a federal statute granting federal funds for state highways to only those states in which 21 is the legal drinking age?

Accepted Answer

A)   The Court upheld the statute.
B)   The Court upheld the statute only in the case of states that could not provide matching funds; and if matching funds could be provided, the Court ruled that there was insufficient reason for the law.
C)   The Court upheld the statute only in the case of states that could provide matching funds; and if matching funds could not be provided, the Court ruled that Congress was overreaching in regard to partnership between state and federal government.
D)   The Court struck the statute on the basis that it violated the Commerce Clause under the U.S. Constitution.
E)   The Court struck the statute on the basis that it violated the taxing and spending powers of the federal government under the U.S. Constitution.F) All of the above
G) C) and E)

Question 7

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

Accepted Answer

A) True 
 B)False

Question 8

Which of the following was the result at the U.S. Supreme Court level in United States v. Lopez, the case in which the Court addressed the constitutionality of the Gun-Free School Zone Act?

Accepted Answer

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

Question 9

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) All of the above
G) B) and E)

Question 10

Explain the system of checks and balances and how it works.

Accepted Answer

The Constitution establishes the system ...

Question 11

Which of the following is true regarding privacy rights?

Accepted Answer

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

Question 12

"Thermal Imaging." Sam was engaged in the criminal activity of growing marijuana in his home using heat lamps in the process. 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, to determine that he was possibly engaged in illegal activity. 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 keep 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.
-Which of the following is true on the issue of whether the police acted within their rights by using the thermal imager?

Accepted Answer

A)   The police acted within their rights so long as they can show that they asked a judge for a warrant before using the thermal imager, but the judge refused.
B)   The police acted within their rights so long as they can show that the street was truly chosen at random for a search.
C)   The police acted within their rights so long as they can show that Sam had been in jail previously on a drug offense charge.
D)   The police acted legally so long as they can show that Sam had been in jail previously for any offense.
E)   The police violated Sam's Fourth Amendment rights in using the thermal imager.F) B) and E)
G) A) and C) E

Question 13

"Thermal Imaging." Sam was engaged in the criminal activity of growing marijuana in his home using heat lamps in the process. 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, to determine that he was possibly engaged in illegal activity. 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 keep 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.
-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) B) and D)
G) None of the above

Question 14

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

Question 15

Which amendment protects citizens from unreasonable searches and seizures?

Accepted Answer

A)   First
B)   Third
C)   Fourth
D)   Sixth
E)   TenthF) A) and B)
G) C) and E) C

Question 16

What does the free-exercise clause of the First Amendment provide?

Accepted Answer

A)   Government cannot make a law prohibiting choice in relation to 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) A) and E)
G) C) and D)

Question 17

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

Accepted Answer

A) True 
 B)False

Question 18

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) B) and D)

Question 19

"Animal Care." Susan, a licensed veterinarian, was recently elected to the U.S. Senate. Susan is very concerned about the lack of care for homeless cats and dogs. She proposes legislation that citizens of all states be taxed sufficiently to provide for no-kill animal shelters that citizens in states with higher than average incomes be taxed at a higher rate than citizens of other states. She also proposed that federal funds for state highways be denied to any state that fails to provide assistance to low income citizens in covering pet vaccinations. Bill, another new senator, tells Susan 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. Sam, another senator, tells Susan that Congress has no authority to link highway funds or any other funds with social welfare objectives. Ellen, a clerk in the Senate, tells Susan that Congress is absolutely prohibited from taxing residents of one state at a higher rate than citizens of another state.

-Which amendment extends most of the provisions of the Bill of Rights to the states?

Accepted Answer

A)   Thirteenth
B)   Fourteenth
C)   Twenty-first
D)   Twenty-second
E)   FortiethF) A) and C)
G) A) and E)

Question 20

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) None of the above
G) B) and E)

Exam 5: Constitutional Principles

According to the ______ Amendment to the Constitution, all powers that the Constitution neither gives exclusively to the federal government nor takes from the states are reserved for the states.

Correct Answer
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E

Correct Answer
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Today, when the First Amendment is concerned, what does the term "political speech" reference?

Correct Answer
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Which of the following is true regarding the ability of individual states to collect sales tax on Internet transactions?

Correct Answer
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Which of the following was the result in Family Winemakers of California v. Jenkins, the case brought by winemakers from California challenging a Massachusetts law distinguishing between how large and small winemakers could distribute their wines in Massachusetts?

Correct Answer
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What did the U.S. Supreme Court rule in South Dakota v. Dole, the case involving the validity of a federal statute granting federal funds for state highways to only those states in which 21 is the legal drinking age?

Correct Answer
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Congress has the power to enact legislation, but the president can veto a law that Congress passes.

Correct Answer
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Which of the following was the result at the U.S. Supreme Court level in United States v. Lopez, the case in which the Court addressed the constitutionality of the Gun-Free School Zone Act?

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

Correct Answer
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Explain the system of checks and balances and how it works.

Correct Answer
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The Constitution establishes the system ...
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Which of the following is true regarding privacy rights?

Correct Answer
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Correct Answer
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E

Correct Answer
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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 Answer
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Which amendment protects citizens from unreasonable searches and seizures?

Correct Answer
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C

What does the free-exercise clause of the First Amendment provide?

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

Correct Answer
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Which amendment protects against double jeopardy?

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

Correct Answer
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Exam 5: Constitutional Principles

According to the ______ Amendment to the Constitution, all powers that the Constitution neither gives exclusively to the federal government nor takes from the states are reserved for the states.

Correct AnswerverifiedE

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Which of the following was the result in Family Winemakers of California v. Jenkins, the case brought by winemakers from California challenging a Massachusetts law distinguishing between how large and small winemakers could distribute their wines in Massachusetts?

Correct AnswerverifiedShow Answer

What did the U.S. Supreme Court rule in South Dakota v. Dole, the case involving the validity of a federal statute granting federal funds for state highways to only those states in which 21 is the legal drinking age?

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Which of the following was the result at the U.S. Supreme Court level in United States v. Lopez, the case in which the Court addressed the constitutionality of the Gun-Free School Zone Act?

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

Explain the system of checks and balances and how it works.

Correct AnswerverifiedThe Constitution establishes the system ...View AnswerShow Answer

Which of the following is true regarding privacy rights?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedE

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 amendment protects citizens from unreasonable searches and seizures?

Correct AnswerverifiedC

What does the free-exercise clause of the First Amendment provide?

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Which amendment protects against double jeopardy?

Correct AnswerverifiedShow Answer

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

Correct Answer
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E

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The Constitution establishes the system ...
View Answer

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E

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C

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