law module 3 ch 5 quiz – Flashcards

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The primary purpose of the Constitutional Convention of 1787 was to limit the power of the federal government and restrict it from levying or collecting taxes.
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false
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In federalism, the federal government and the state governments share powers.
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true
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When the states ratified the Constitution, they delegated certain powers-called enumerated powers-to the federal government
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true
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Reserved powers are delegated to the judiciary by the President of the United States
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false
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The House of Representatives has the power to impeach the President for certain activities, such as treason, bribery, and other crimes.
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true
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The concept of federal law taking precedence over state or local law is called the preemption doctrine.
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true
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The preemption doctrine allows local law to take precedence over federal law
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false
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Checks and balances built into the Constitution ensure that amendments to the Constitution are not contradictory to existing laws.
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false
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The Due Process Clause of the U.S. Constitution grants Congress the power "to regulate commerce with foreign nations, and among the several states, and with Indian tribes."
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false
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The United States considers Native American tribes as "domestic dependent" nations with limited sovereignty
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true
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State governments do not have the power to regulate commerce with foreign nations
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true
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If the federal government has chosen not to regulate an area of commerce despite possessing the Commerce Clause powers to regulate it, the area is subject to Dormant Commerce Clause.
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true
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The power to regulate interstate commerce lies exclusively with the federal government.
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false
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The Supremacy Clause establishes that state and local laws that conflict with the US Constitution and federal treaties are unconstitutional
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true
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The First Amendment's Freedom of Speech Clause protects both speech and conduct
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false
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Lila, a newspaper columnist from Chicago, is unhappy with the soaring price of fuel in the U.S. She publishes an article that criticizes the government's refusal to offer gasoline at a subsidized price. This is an example of fully protected speech
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true
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Advertising is categorized as limited protected speech.
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true
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Speech that is offensive to many members of the society, but is not obscene or violent, is held "unprotected" by the U.S. Supreme Court.
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false
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Offensive speech must be offensive to ALL members of societ
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false
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The Establishment Clause guarantees that there will be no state-sponsored or promoted religion
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true
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The Equal Protection Clause of the Fourteenth Amendment provides that a state cannot promote one religion over other religions
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false
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The Equal Protection Clause requires all persons the right to a trial by their peers
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false
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Intermediate scrutiny test is applied to classifications based on a protected class other than race
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true
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Substantive due process requires that that the government give a person proper notice and hearing of legal action before that person is deprived of his or her life, liberty, or property
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false
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The Privileges and Immunities Clause prohibits states from enacting laws that unduly discriminate in favor of their residents
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true
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The Articles of Confederation created a federal _______________ comprised of representatives from the then 13 states
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congress
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Reserved powers are given to the ________ by the Constitution
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state government
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The legislative branch of the U.S. federal government is ________.
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bicameral
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The ________ is responsible for making federal law.
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legislative branch
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Why have checks and balances been built into the U.S. Constitution?
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all above
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The ________ provides that federal law takes precedence over state or local law.
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Preemption Doctrine
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Which of the following is established by the Supremacy Clause of the U.S. Constitution?
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The U.S. Constitution and federal treaties, laws, and regulations are the supreme law of the land.
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Santo belongs to the Eliok tribe in an Indian reservation in southern Nevada. He wants to open a casino in the reservation. However, the state authority denies the tribe permission to open a casino in its own territory. Which of the following permits the tribe to bring suit in federal court and force the state to comply?
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Indian Gaming Regulatory Act
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Which of the following statements is true of the United States' Foreign Commerce Clause?
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Regulation of foreign commerce by state governments is unconstitutional
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Fierra Inc. is a German automobile manufacturer that has a 5 percent market share in the United States' automobile market. The company has a unit in North Carolina that imports Fierra automobiles from its parent company in Germany and assembles them. Which of the following measures is in accordance with U.S.A.'s Foreign Commerce Clause?
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The federal government imposes an additional 100 percent tax only on Fierra cars being sold in North Carolina
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Which of the following statements is true of states' police power?
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They are given the authority to enact laws that regulate the conduct of business
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Which of the following is enacted under state police power?
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personal property laws
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Kingsland is a country that has been exporting apples to the United States for over a century, shipping 300 tons to Georgia each month. However, last month, Kingsland violated a trading norm which was not condoned by Georgia. Which of the following measures should be taken to regulate apple imports from Kingsland?
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Georgia can appeal to the federal authority which can stop imports from Kingsland.
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The first ten amendments to the U.S. Constitution are collectively known as the ________.
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bill of rights
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Which of the following statements is true about the freedom of speech guaranteed by the Bill of Rights?
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The Freedom of Speech Clause protects speech only, not conduct
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Jerome wears a t-shirt that bears a picture of the current U.S. president. Under this picture, there are words which imply that the President is doing a bad job of running the country. In accordance to the Freedom of Speech Clause, which of the following is valid?
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Criticizing the current president is fully protected speech and Jerome cannot be prosecuted.
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A group of students organizing a protest march would be an instance of ________ speech.
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limited protected
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Which of the following is a form of limited protected speech?
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offensive speech
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Which of the following is a form of unprotected speech?
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defamatory language
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The ________ prohibits the government from promoting one religion over another.
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establishment clause
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Which of the following is an instance of a decision involving the Equal Protection Clause being made on the basis of the rational basis test?
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The government provides subsidies to farmers, but not to carpenters or lumberjacks.
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Which of the following is an instance of a decision involving the Equal Protection Clause being made on the basis of the rational basis test?
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The government provides subsidies to farmers, but not to carpenters or lumberjacks.
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