question

By creating three independent and equal branches of the federal government, the US constitution limited the federal government's power.

answer

true

question

The Framers of our constitution, a trus cross section of the population at the time, created the Constitution by amending the Articles of conferderation, which has been the governing document of the colonists.

answer

false

question

The 5th amendment to the 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 US flag in a protest in governmental policy. His action is protected under the 5th amendment's guarantee of free speech because the flag burining is considered symbolic speech.

answer

true

question

The power to create laws regulating international commerce is given to Congress and the states concurrently under the US 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 Neighborgood Association informs him that, according to their regulations, he may not have a truck in sight of passerby. The Association has made an unconstitutional restriction of the property rights of residents of the CID.

answer

flase

question

Obscene speech is protected by the 1st amendment.

answer

false

question

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

answer

true

question

The 1st amendment to the US constitution explicitly protects from abridgment of the night 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 passe the federal OSHA, establishing job safty standards. Illinois passed its own statute, seeking to protect the general public and workers from hazardous wastes. The Illinoise statute did not violate the Commerce Clause because it imposed no restriction on interstate commerce. Local workers were obligated to obey both the federal and state regulations.

answer

false

question

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

answer

true

question

A government classification based on gender would be subject to strict scutiny.

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 Clause.

question

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

answer

commerce clause

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 refer to:

answer

the first 10 amendments to the Constitution

question

The United states v. Lopex case demonstrates which of the following?

answer

limitations on federal power

question

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?

answer

ALL OF THE ABOVE a. It would have to be established that the law furthers an interest of the state of Nevada to create a more aesthetically pleasing environment. b. It would have to be shown that the law directly and materially advances the state's goal of a more aesthetically pleasing environment. c. It would have to be shown that the law reaches no further than necessary to promote the state goal.

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 statue 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 Zct," the Supreme court ruled that:

answer

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

question

Thomson 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 Supremem Court's ruling in Wickard v. Fulburn:

answer

Congress may regulate Thomson's farming activity because it has a substantial economic effect on interstate commerce

question

The doctrine of preemption is based on the Constitutions':

answer

Supremacy Clause

question

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:

answer

procedural due process

question

Every year the US Supreme Court receives about 8,000 requests to review cases. Of this number, the Court will hear about:

answer

100

question

If oregon passes a statue that prohibited liquor stores from engaging in any kind of advertising, that statue 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

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

answer

review state and federal legislative and executive action

question

The issue of the constitutional protections afforded flag burning was addresses in:

answer

Texas v. Johnson

question

The "dormant" aspect of the Commerce Clause:

answer

is also known as the "negative" aspect

question

(20) 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

question

The Supremem Court's approach during the period from the 1950s through the 1970s in deciding cases on constitutional grounds is described as:

answer

judicial activism

question

Generally, constitutional protections do NOT apply to:

answer

acts of privately owned businesses

question

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 Supremem Court has rules that laws making it illegal to burn an American flag:

answer

are void because they violate a person's right of freedom of speech

question

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?

answer

intermediate scrutiny

question

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?

answer

No. Constitutional protections do not extend to privately owned apartment complexes.

Chp 5 – ?onstitution Flashcards

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