BLAW Chapter 5 – Flashcards
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T/F: By creating three independent and equal branches of the federal government, the U.S constitution limited the federal government's power
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True
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T/F: 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 o f the colonists
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False
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T/F: The 5th amendment to the Constitution provides Robert, an employee of Mattax Paper Co., due process protection from being fired without a hearing by a neutral fact finder.
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False
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T/F: Hall was arrested for burning the US flag in a protest of governmental policy. His action is protected under the 1st amendment' guarantee of free speech because the flag burning is considered symbolic speech.
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True
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T/F: The power to create laws regulation international commerce is given to Congress and the states concurrently under the U.S constitution.
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False
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T/F: The "takings clause" prevents the government from taking private property for any reason.
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False
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T/F: Gadberry lives in a "Common interest development" CID and has parked his new truck in his driveway. The Neighborhood Association informs him that, according to their regulations, he may not have a truck in the sight of passerby. The Association has made an unconstitutional restriction of the property rights of residents of the CID
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False
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T/F: Obscene speech is protected by the First Amendment
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False
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T/F: The Pines, a small motel in central GA, may be subject to federal regulation even though it is not close enough to the state borders to have many guests from other states.
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True
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T/F: The 1st amendment to the US Constitution explicitly protects citizens from abridgment of the right of free speech by any level of government
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False
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T/F: Misleading commercial speech may be outlawed altogether without violating the Constitution
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True
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T/F: Prof Jones accuses Rachel, a senior at a large state university, of cheating on an exam. The Prof claims that Rachel must prove to him the she did not cheat. If she fails to convince him, she will be expelled from college. Rachel is being denied her due process right.
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True
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T/F: Congress passed the federal OSHA est. job safety standards. Illinois passed its own statute, seeking to protect the general public and workers from hazardous wastes. The Illinois statute did not violate the Commerce Clause because it imposed no restriction on interstate commerce. Local workers were obligated to obey the federal and the state regulations.
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False
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T/F: Judicial review is the power of the federal courts to declare a statute or governmental action void.
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True
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T/F: A governmental classification based on gender would be subject to strict scrutiny.
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False
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If there is a conflict between a state and federal law, generally the federal law will prevail because of the:
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Supremacy Clause
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The primary source of federal power to regulate business is the:
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Commerce Clause
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The 14th amendment's Equal Protection Clause "strict scrutiny" test will be used when the legislation:
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differentiates on the basis of race.
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The Bill of Rights refers to:
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The first ten amendments to the constitution
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The United States v. Lopez case demonstrates which of the following?
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Limitations on federal power
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Nevada passed a law banning all commercial billboards along state highways to rid the state highways of billboards, which 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?
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It would have to be established that the law furthers an interest of the state of Nevada to create a more aesthetically pleasing environment. It would have to be shown that the law directly and materially advances the state's goal of a more aesthetically pleasing environment. It would have to be shown that the law reaches no further than necessary to promote the state goal. All of the above.
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The states have a severely restricted power to enact laws that affect interstate commerce. This concept is called:
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the dormant aspect of the Commerce Clause.
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West Virginia passed a statute regulating working conditions in its mines. If the statute is challenged in court on substantive due process grounds:
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it would be presumed valid since it regulates economic or social conditions.
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When Congress passed a criminal statute called the "Gun-Free School Zones Act," the Supreme Court ruled that:
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the law was not valid since Congress exceeded its power under the Commerce Clause.
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Thompson 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
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Congress may regulate Thompson's farming activity because it has a substantial economic effect on interstate commerce.
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The doctrine of preemption is based on the Constitution's
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Supremacy Clause
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Ikerd 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 Ikerd, is an analysis of:
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procedural due process
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Every year the U.S. Supreme Court receives about 8,000 requests to review cases. Of this number, the Court will hear about:
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100
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If Oregon passed a statute that prohibited liquor stores from engaging in any kind of advertising, that statute would be:
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invalid as an unreasonable restriction of free speech
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Smalltown, located in a border state, seemed to favor Caucasians over Latinos in their hiring practices. The courts will review the practice using:
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strict scrutiny
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Fundamental rights include all of the following EXCEPT:
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drive include: vote, free speech, travel
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Judicial review can best be described as the power of federal courts to:
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review state and federal legislative and executive action.
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The issue of the constitutional protections afforded flag burning was addressed in:
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Texas v. Johnson
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The "dormant" aspect of the Commerce Clause:
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is also known as the "negative" aspect.
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Which of the following limitations does not apply to the government in civil proceedings to take a person's liberty or property?
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The Equal Protection Clause. Does apply: Procedural due process, the takings clause, substantive due process.
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The Supreme Court's approach during the period from the 1950s through the 1970s in deciding cases on constitutional grounds is described as:
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judicial activism
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Generally, constitutional protections do NOT apply to:
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acts of privately owned businesses
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Lori and her friends burn an American flag as an act of political protest. Lori 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:
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are void because they violate a person's right to freedom of speech.
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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?
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Intermediate Scrutiny
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Adam moved into an apartment complex. The rules of the complex prohibit unmarried men and women from living together in the same apartment. When Adam's friend, Diane, moved into the apartment he was served with eviction papers. Adam claims the apartment complex is violating his constitutional rights since it allows married couples to live together. Is Adam right?
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No. Constitutional protections do not extend to privately owned apartment complexes.
