Question 1

"Animal Care." Susan, a licensed veterinarian, was recently elected to the U.S. Senate. Susan is very concerned about the lack of care for homeless cats and dogs. She proposes legislation that citizens of all states be taxed sufficiently to provide for no-kill animal shelters that citizens in states with higher than average incomes be taxed at a higher rate than citizens of other states. She also proposed that federal funds for state highways be denied to any state that fails to provide assistance to low income citizens in covering pet vaccinations. Bill, another new senator, tells Susan that, apart from the mandated federal income tax, Congress lacks the authority to tax states because the U.S. Constitution expressly reserves that right to the states. Sam, another senator, tells Susan that Congress has no authority to link highway funds or any other funds with social welfare objectives. Ellen, a clerk in the Senate, tells Susan that Congress is absolutely prohibited from taxing residents of one state at a higher rate than citizens of another state.

-Which amendment provides that the government cannot infringe on citizens' right to bear arms?

Accepted Answer

A)   First
B)   Second
C)   Fifth
D)   Sixth
E)   NoneF) B) and D)
G) C) and E)

Question 2

The primary source of authority for federal regulation of business is the First Amendment to the U.S. Constitution.

Accepted Answer

A) True 
 B)False

Question 3

What does the establishment clause of the First Amendment provide?

Accepted Answer

A)   Government cannot make a law prohibiting the free exercise of religion.
B)   Government cannot make a law establishing a religion.
C)   Government cannot make a law referencing religion in any manner.
D)   Government must establish laws respecting religion in order to prevent disruptive behavior such as terrorism and to allow free-exercise by the majority.
E)   That only religions recognized when the First Amendment was passed are entitled to recognition and protection.F) A) and B)
G) A) and D)

Question 4

Not all corporate speech is political speech.

Accepted Answer

A) True 
 B)False

Question 5

According to the principle of federalism established by the U.S. Constitution, how is the authority to govern allocated?

Accepted Answer

A)   It is allocated to the federal government.
B)   It is allocated to the states.
C)   It is allocated to local jurisdictions.
D)   It is allocated to the U.S. Senate.
E)   It is divided between federal and state governments.F) A) and E)
G) A) and D)

Question 6

What does the Fifth Amendment's takings clause reference?

Accepted Answer

A)   The right of the government to take private property for public use without paying compensation to the owner.
B)   The requirement that the government pay the owner just compensation if the government wants to take private property for public use.
C)   The right of the government to put individuals in jail for up to ten days without a hearing.
D)   The right of the government to put individuals in jail for up to five days without a hearing.
E)   The requirement that the government compensate an owner for anything destroyed during a search.F) B) and D)
G) A) and C)

Question 7

If a law prevents individuals from exercising a fundamental right, the law will be subject to ___.

Accepted Answer

A)   Intermediate scrutiny
B)   Rational basis scrutiny
C)   Severe scrutiny
D)   Strict scrutiny
E)   Legal scrutinyF) B) and E)
G) D) and E)

Question 8

Which of the following is true regarding the protection of "fighting words" under the First Amendment?

Accepted Answer

A)   Fighting words are unprotected speech under the First Amendment.
B)   Fighting words are protected speech under the First Amendment only if they are uttered by an individual citizen, not by a corporate representative.
C)   Fighting words are protected speech under the First Amendment only if they involve political activity.
D)   Fighting words are protected speech under the First Amendment only if they are made in connection with a protest march.
E)   Fighting words are protected speech under the First Amendment only if they are made in conjunction with self-defense.F) A) and B)
G) A) and C)

Question 9

If the law's classification scheme is based on gender, the law will be subject to ___.

Accepted Answer

A)   Rational basis scrutiny
B)   Intermediate scrutiny
C)   Severe scrutiny
D)   Strict scrutiny
E)   Legal scrutinyF) D) and E)
G) All of the above

Question 10

"Animal Care." Susan, a licensed veterinarian, was recently elected to the U.S. Senate. Susan is very concerned about the lack of care for homeless cats and dogs. She proposes legislation that citizens of all states be taxed sufficiently to provide for no-kill animal shelters that citizens in states with higher than average incomes be taxed at a higher rate than citizens of other states. She also proposed that federal funds for state highways be denied to any state that fails to provide assistance to low income citizens in covering pet vaccinations. Bill, another new senator, tells Susan that, apart from the mandated federal income tax, Congress lacks the authority to tax states because the U.S. Constitution expressly reserves that right to the states. Sam, another senator, tells Susan that Congress has no authority to link highway funds or any other funds with social welfare objectives. Ellen, a clerk in the Senate, tells Susan that Congress is absolutely prohibited from taxing residents of one state at a higher rate than citizens of another state.

-Is Bill correct?

Accepted Answer

A)   He is incorrect. The U.S. Constitution contains no such reservation.
B)   He is incorrect because while the U.S. Constitution prohibits taxation in areas in which states also tax, most states are not taxing for pet care purposes at this time.
C)   He is incorrect in saying that the U.S. Constitution generally reserves the right to tax to the states but he is correct in saying that Congress lacks the authority to tax in this manner because Congress cannot lay taxes for any reason other than essential needs of the federal government.
D)   He is incorrect in saying that the U.S. Constitution generally reserves the right to tax to the states but he is correct in saying that Congress lacks the authority to tax in this manner because the president has issued an executive order prohibiting such taxation.
E)   He is incorrect because the prohibition against Congress imposing taxes apart from the federal income tax is contained in a federal statute passed by Congress, not in the U.S. Constitution.F) A) and C)
G) A) and E)

Question 11

Why must federal legislation that affects business be based on an expressed constitutional grant of authority?

Accepted Answer

A)   Because the U.S. Congress passed a law to that effect.
B)   Because the federal government has only those powers granted to it by the Constitution.
C)   Because President Lincoln issued an executive order to that effect.
D)   Because President Washington issued an executive order to that effect.
E)   Because it is a custom.F) B) and D)
G) A) and C)

Question 12

"Animal Care." Susan, a licensed veterinarian, was recently elected to the U.S. Senate. Susan is very concerned about the lack of care for homeless cats and dogs. She proposes legislation that citizens of all states be taxed sufficiently to provide for no-kill animal shelters that citizens in states with higher than average incomes be taxed at a higher rate than citizens of other states. She also proposed that federal funds for state highways be denied to any state that fails to provide assistance to low income citizens in covering pet vaccinations. Bill, another new senator, tells Susan that, apart from the mandated federal income tax, Congress lacks the authority to tax states because the U.S. Constitution expressly reserves that right to the states. Sam, another senator, tells Susan that Congress has no authority to link highway funds or any other funds with social welfare objectives. Ellen, a clerk in the Senate, tells Susan that Congress is absolutely prohibited from taxing residents of one state at a higher rate than citizens of another state.

-Which amendment prohibits cruel and unusual punishment?

Accepted Answer

A)   Second
B)   Fourth
C)   Fifth
D)   Eighth
E)   TenthF) A) and B)
G) A) and C)

Question 13

The U.S. Constitution explicitly allows courts to review legislative and executive actions to determine whether they are constitutional.

Accepted Answer

A) True 
 B)False

Question 14

The U.S. Constitution establishes a system of government based on the principle of federalism.

Accepted Answer

A) True 
 B)False

Question 15

Set forth the Central Hudson Test for Commercial Speech.

Accepted Answer

The test has four aspects as follows:
(1...

Question 16

Which of the following is an exception to the rule that administrative searches usually require search warrants?

Accepted Answer

A)   The regulatory exception
B)   The reasonable-search exception
C)   The pervasive-regulation exception
D)   The compelling-need exception
E)   The controlling-principle exceptionF) C) and E)
G) A) and D)

Question 17

"Junk Food." Mary Dogood, a member of the school board in ABC County, is appalled at the amount of junk food in the schools. She convinces the state legislature to pass an ordinance that no stores may sell any unhealthy junk food within 500 feet of any school or day care center. A teacher of political science raises the issue of whether the regulation is valid and is told that it is a valid exercise of the jurisdiction's police power to protect its citizens. Convenience stores balk at the regulation and challenge it in court claiming that the law impermissibly affects interstate commerce.
-What do courts generally presume regarding laws passed in accordance with states' police power?

Accepted Answer

A)   There is no presumption.
B)   The laws are valid.
C)   The laws are invalid.
D)   The laws are invalid unless it involves a First Amendment right.
E)   The laws are invalid unless it involves regulation of interstate commerce.F) D) and E)
G) B) and E)

Question 18

When is a strict-scrutiny standard used to examine laws, how is this standard applied, and what presumption do courts apply, if any, in cases involving this standard?

Accepted Answer

If a law prevents individuals from exerc...

Question 19

The U.S. Constitution allocates the power of the federal government among _____ branches of the government.

Accepted Answer

A)   Two
B)   Three
C)   Four
D)   Five
E)   SixF) A) and E)
G) All of the above

Question 20

Which of the following are types of due process?

Accepted Answer

A)   Procedural, substantive, and independent
B)   Substantive, independent, and full faith
C)   Independent, full faith, and substantive
D)   Independent, full faith, and procedural
E)   Procedural and substantiveF) C) and E)
G) B) and E)

Exam 5: Constitutional Principles

Correct Answer
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Why must federal legislation that affects business be based on an expressed constitutional grant of authority?

Correct Answer
verified

Which of the following is an exception to the rule that administrative searches usually require search warrants?

Correct Answer
verified

If the law's classification scheme is based on gender, the law will be subject to ___.

Correct Answer
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The U.S. Constitution establishes a system of government based on the principle of federalism.

Correct Answer
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Correct Answer
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Which of the following are types of due process?

Correct Answer
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The primary source of authority for federal regulation of business is the First Amendment to the U.S. Constitution.

Correct Answer
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The U.S. Constitution allocates the power of the federal government among _____ branches of the government.

Correct Answer
verified

When is a strict-scrutiny standard used to examine laws, how is this standard applied, and what presumption do courts apply, if any, in cases involving this standard?

Correct Answer
verified
If a law prevents individuals from exerc...
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What does the Fifth Amendment's takings clause reference?

Correct Answer
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According to the principle of federalism established by the U.S. Constitution, how is the authority to govern allocated?

Correct Answer
verified

Which of the following is true regarding the protection of "fighting words" under the First Amendment?

Correct Answer
verified

Not all corporate speech is political speech.

Correct Answer
verified

The U.S. Constitution explicitly allows courts to review legislative and executive actions to determine whether they are constitutional.

Correct Answer
verified

Correct Answer
verified

If a law prevents individuals from exercising a fundamental right, the law will be subject to ___.

Correct Answer
verified

Correct Answer
verified

What does the establishment clause of the First Amendment provide?

Correct Answer
verified

Set forth the Central Hudson Test for Commercial Speech.

Correct Answer
verified
The test has four aspects as follows:
(1...
View Answer

Exam 5: Constitutional Principles

Correct AnswerverifiedShow Answer

Why must federal legislation that affects business be based on an expressed constitutional grant of authority?

Correct AnswerverifiedShow Answer

Which of the following is an exception to the rule that administrative searches usually require search warrants?

Correct AnswerverifiedShow Answer

If the law's classification scheme is based on gender, the law will be subject to ___.

Correct AnswerverifiedShow Answer

The U.S. Constitution establishes a system of government based on the principle of federalism.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Which of the following are types of due process?

Correct AnswerverifiedShow Answer

The primary source of authority for federal regulation of business is the First Amendment to the U.S. Constitution.

Correct AnswerverifiedShow Answer

The U.S. Constitution allocates the power of the federal government among _____ branches of the government.

Correct AnswerverifiedShow Answer

When is a strict-scrutiny standard used to examine laws, how is this standard applied, and what presumption do courts apply, if any, in cases involving this standard?

Correct AnswerverifiedIf a law prevents individuals from exerc...View AnswerShow Answer

What does the Fifth Amendment's takings clause reference?

Correct AnswerverifiedShow Answer

According to the principle of federalism established by the U.S. Constitution, how is the authority to govern allocated?

Correct AnswerverifiedShow Answer

Which of the following is true regarding the protection of "fighting words" under the First Amendment?

Correct AnswerverifiedShow Answer

Not all corporate speech is political speech.

Correct AnswerverifiedShow Answer

The U.S. Constitution explicitly allows courts to review legislative and executive actions to determine whether they are constitutional.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

If a law prevents individuals from exercising a fundamental right, the law will be subject to ___.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

What does the establishment clause of the First Amendment provide?

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Set forth the Central Hudson Test for Commercial Speech.

Correct AnswerverifiedThe test has four aspects as follows:(1...View AnswerShow Answer

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If a law prevents individuals from exerc...
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Correct Answer
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The test has four aspects as follows:
(1...
View Answer