Blaw ch 5 – Flashcards

When Congress passed a criminal statute called the "Gun-Free School Zones Act," the Supreme Court ruled that: a. the law was void for vagueness; thus, it was not valid. b. the law was not valid since Congress exceeded its power under the Commerce Clause. c. the law was valid as a proper exercise of the power to regulate interstate commerce. d. the statute was valid because although the law was not a proper exercise of the power to regulate interstate commerce, Congress had the power to create such legislation on other grounds.

If there is a conflict between a state and federal law, generally the federal law will prevail because of the: a. Supremacy Clause. b. stare decisis doctrine. c. Federal Order. d. Interstate Commerce Clause.

The states have a severely restricted power to enact laws that affect interstate commerce. This concept is called: a. the undue burden concept. b. constitutional hierarchy. c. the Supremacy Clause. d. the dormant aspect of the Commerce Clause.

McDonald raised 80 acres of corn, most of which he used to feed his own cattle. He locally sold what he did not use. Based on the Supreme Court's ruling in Wickard v. Filburn: a. Congress may regulate McDonald's farming activity because it has a substantial economic effect on interstate commerce. b. only McDonald's local government can regulate his farming activity. c. Congress has no authority over McDonald's activity based on the negative aspect of the Commerce Clause. d. only McDonald's state and local governments can regulate his farming activity.

The Constitution is considered to be the greatest legal document ever written because no other has: a. governed so many. b. withstood such challenge. c. lasted so long. d. All of these answers.

Plum was entering the United States from a trip abroad when the Customs Service confiscated some goods she had purchased and brought back with her. The determination of whether the government is attempting to take property and what type of hearing the Customs Service must offer Plum, is an analysis of: a. substantive due process. b. the Takings Clause. c. procedural due process. d. eminent domain.

The Supreme Court's ruling of Roe v. Wade established: a. certain gay rights. b. the right to health care. c. the right to vote regardless of race or gender. d. certain rights to abortion.

West Virginia passed a statute regulating working conditions in its mines. If the statute is challenged in court on substantive due process grounds: a. it would be presumed invalid but would be struck down only if it is not necessary to achieve a compelling government interest. b. it would be presumed valid since it regulates economic or social conditions. c. it would be void because it involves a fundamental right to work. d. it carries no weight.

Nevada passed a law banning all commercial billboards along state highways to rid the state highways of billboards that are offensive to citizens. If this law were to be challenged, which of the following would a court examine to determine if the law is constitutional? a. It would have to be shown that the law directly and materially advances the state's goal of a more aesthetically pleasing environment. b. It would have to be shown that the law reaches no further than necessary to promote the state goal. c. It would have to be established that the law furthers an interest of the state of Nevada to create a more aesthetically pleasing environment. d. All of these answers.

The Bill of Rights refers to: a. the first ten amendments to the Constitution. b. a specific listing of individual rights found in the original text of the Constitution. c. the inalienable rights found at the beginning of the Constitution. d. the rights outlined in the Preamble.

The 14th Amendment's Equal Protection Clause "strict scrutiny" test will be used when the legislation: a. affects a person's right to vote. b. differentiates on the basis of race. c. affects an person's income. d. affects a person's right to drive.

The primary source of federal power to regulate business is the: a. Commerce Clause. b. Contract Clause. c. Supremacy Clause. d. Privilege and Immunities Clause.

That the Constitution, and federal statutes and treaties, shall be the supreme law of the land is guaranteed by the: a. Due Process Clause. b. Equal Protection Clause. c. Supremacy Clause. d. Commerce Clause.

Smalltown, located in a border state, seemed to favor Caucasians over Latinos in their hiring practices. The courts will review the practice using: a. minimal scrutiny. b. strict scrutiny. c. maximum scrutiny. d. the Supremacy Clause.

The United States v. Lopez case demonstrates which of the following? a. The extensive power of the states to regulate interstate commerce. b. Limitations on federal power. c. Limitations on executive power. d. Gun ownership can never be regulated.

The issue of the constitutional protections afforded flag burning was addressed in: a. United States v. Lopez. b. Marbury v. Madison. c. Texas v. Johnson. d. Palmore v. Sidoti.

The Supreme Court's approach during the period from the 1950s through the 1970s in deciding cases on constitutional grounds is described as: a. judicial activism. b. judicial review. c. congressional restraint. d. judicial restraint.

Judicial review is the power of the federal courts to declare a statute or governmental action: a. void. b. immoral. c. wrong. d. protected.

All of the following are key powers associated with the position of President EXCEPT: a. legislation. b. foreign policy. c. judicial review. d. appointment.

By creating three independent and equal branches of the federal government, the U.S. Constitution: a. removed all power from the federal government. b. gave complete power to the President. c. limited the federal government's power. d. None of these answers.

Samson was arrested for wearing a t-shirt, during the Vietnam War, that said, "F*** the draft," a protest against involuntary induction into the military. His action is protected under which amendment? a. The Second. b. The Third. c. The First. d. None

Talia and her friends burn an American flag as an act of political protest. Talia is arrested for violating a state law that prohibits flag burning. The Supreme Court has ruled that laws making it illegal to burn an American flag: a. are void because a state court has no power to prosecute a person for burning the federal flag. b. are void because they violate a person's right to freedom of speech. c. are void because they deny a person due process rights. d. are valid.

Which of the following limitations does not apply to the government in civil proceedings to take a person's liberty or property? a. The Takings Clause. b. The Equal Protection Clause. c. Procedural Due Process. d. Substantive Due Process.

Which type of speech may be outlawed altogether without violating the Constitution? a. Misleading commercial speech. b. Moral speech. c. Symbolic speech. d. None of these answers.

The "dormant" aspect of the Commerce Clause: a. means that there are many unused powers still available to the government to regulate trade between the states. b. guarantees that Congress has powers that have not yet been revealed. c. is also known as the "negative" aspect. d. guarantees that the states have the power, even if unused, to impose regulations affecting interstate commerce.

Tyler moved into an apartment complex. The rules of the complex prohibit unmarried men and women from living together in the same apartment. When Tyler's friend, Kristen, moved into the apartment he was served with eviction papers. Tyler claims the apartment complex is violating his constitutional rights since it allows married couples to live together. Is Tyler right? a. No. His fundamental right of cohabitation has not been violated. b. Yes. He and Kristen are being treated differently than married couples. c. Yes. His equal protection rights have been violated. d. No. Constitutional protections do not extend to privately owned apartment complexes.

Fundamental rights include all EXCEPT the right to: a. drive. b. free speech. c. vote. d. travel.

Generally, constitutional protections do NOT apply to: a. acts of state government. b. acts of administrative agencies. c. acts of the federal government. d. acts of obscenity.

Judicial review can best be described as the power of federal courts to: a. review state executive orders. b. review state and federal legislative and executive action. c. review state court precedent. d. None of these answers.

A woman wishes to attend an all-male, publicly supported college. She claims the college is violating the Equal Protection Clause of the Constitution. What level of scrutiny will the court use when deciding this case? a. Intermediate scrutiny. b. Mild scrutiny. c. Minimal scrutiny. d. Compelling interest scrutiny.