question

fourth amendment

answer

no legal search or seizures

question

fifth amendment

answer

due process ( fair treatment through the normal judicial system especially as a citizens entitlement)

question

sixth amendment

answer

fair treatment for defendant in prosecution

question

fourteenth amendment

answer

equal protection of the law

question

By creating three independent and equal branches of the federal government, the U.S. Constitution prevented the federal government's power from being concentrated in one person.

answer

true

question

The Framers of our Constitution, a true cross section of the population at the time, created the Constitution by amending the Articles of Confederation, which had been the governing document of the colonists.

answer

False

question

Hall was arrested for burning the United States' flag in a protest of governmental policy. His action is protected under the First Amendment's guarantee of free speech because the flag burning is considered symbolic speech

answer

True

question

The power to create laws regulating international commerce is given jointly to Congress and the states under the U.S Constitution.

answer

False

question

The "takings clause" prevents the government from taking private property for any reason.

answer

False

question

Gadberry lives in a "common interest development" (CID) and has parked his new pickup truck in his driveway. The Neighborhood Association informs him that, according to their regulations, he may not have a truck in the sight of passersby. The Association has made an unconstitutional restriction of the property rights of residents of the CID.

answer

False

question

Obscene speech is protected by the First Amendment.

answer

False

question

The Pines, a small motel in central Georgia, may be subject to federal regulation even though it is not close enough to the state borders to have many guests from other states.

answer

True

question

The First Amendment to the U.S. Constitution explicitly protects citizens from abridgment of the right of free speech by any level of government.

answer

False

question

Misleading commercial speech may be outlawed altogether without violating the Constitution.

answer

True

question

Professor Jones accuses Rachel, a senior at a large state university, of cheating on an exam. The Professor claims that Rachel must prove to him that she did not cheat. If she fails to convince him, she will be expelled from college. Rachel is being denied her due process rights.

answer

True

question

Congress passed the federal OSHA establishing job safety standards. Illinois passed its own statute, which had slightly more lenient standards. Illinois workers are only held to the state standards unless they are involved in interstate commerce.

answer

False

question

Judicial review is the power of the federal courts to declare a statute or governmental action void.

answer

True

question

A governmental classification based on gender would be subject to strict scrutiny.

answer

False

question

If there is a conflict between a state and federal law, generally the federal law will prevail because of the:

answer

Supremacy law

question

The primary source of federal power to regulate business is the:

answer

commerce law

question

The 14th Amendment's Equal Protection Clause "strict scrutiny" test will be used when the legislation:

answer

differentiates on the basis of race

question

the bill of rights refers to

answer

the first ten amendments to the constitution

question

The states have a severely restricted power to enact laws that affect interstate commerce. This concept is called:

answer

the dormant aspect of the commerce clause

question

West Virginia passed a statute regulating working conditions in its mines. If the statute is challenged in court on substantive due process grounds:

answer

it would be presumed valid since it regulates economic or social conditions.

question

When Congress passed a criminal statute called the "Gun-Free School Zones Act," the Supreme Court ruled that:

answer

the law was not valid since Congress exceeded its power under the Commerce Clause.

question

The doctrine of preemption is based on the Constitution's:

answer

Supremacy clause

question

The idea that courts should not be heavily involved in lawmaking, but rather should only rule in cases where the Constitutionality is clear is known as:

answer

judicial restraint

question

If Oregon passed a statute that prohibited liquor stores from engaging in any kind of advertising, that statute would be:

answer

invalid as an unreasonable restriction of free speech.

question

Smalltown, located in a border state, seemed to favor Caucasians over Latinos in their hiring practices. The courts will review the practice using:

answer

strict scrutiny

question

fundamental rights include all EXCEPT the right to

answer

drive

question

fundamental rights

answer

vote, speech, travel

question

Judicial review can best be described as the power of federal courts to

answer

review state and federal legislative and executive action.

question

The "dormant" aspect of the Commerce Clause:

answer

aka the negative aspect

question

Which of the following limitations does not apply to the government in civil proceedings to take a person's liberty or property?

answer

the equal protection clause

B. Law Chapter 5 – Flashcards

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