Question 1

Congress passed the federal OSHA establishing job safety standards. Illinois passed its own statute, which had slightly more lenient standards. Illinois workers are only held to the state standards unless they are involved in interstate commerce.

Accepted Answer

A) True 
 B)False

Question 2

The doctrine of preemption is based on the Constitution's

Accepted Answer

A)   Commerce Clause.
B)   Due Process Clause.
C)   Equal Protection Clause.
D)   Supremacy Clause.

Question 3

The power to regulate interstate commerce is given jointly to Congress and the states under the U.S Constitution.

Accepted Answer

A) True 
 B)False

Question 4

The Supreme Court case of Obergefell v. Hodges involved

Accepted Answer

A)   same-sex marriage rights.
B)   symbolic speech.
C)   the power of eminent domain.
D)   the death penalty.

Question 5

A form of due process that holds that certain rights are so fundamental that the government may not eliminate them is referred to as

Accepted Answer

A)   procedural due process.
B)   judicial restraint.
C)   substantive due process.
D)   eminent domain.

Question 6

The idea that courts should not be heavily involved in lawmaking, but rather should only rule in cases where the constitutionality is clear is known as

Accepted Answer

A)   judicial review.
B)   judicial activism.
C)   judicial reform.
D)   judicial restraint.

Question 7

A local school district had a policy that it would not hire bus drivers who had been convicted of driving while under the influence of alcohol. Sven claimed that this practice violated the Equal Protection Clause by unfairly excluding everyone who had been found guilty of DUI. Which standard will the court use to review the bus company's practice?

Accepted Answer

A)   strict scrutiny.
B)   intermediate scrutiny.
C)   minimal scrutiny.
D)   Supremacy Clause scrutiny.

Question 8

Identify the basic job of a President of the United States, the source of executive power, and three key powers associated with the position of President.

Accepted Answer

The basic job of a President is to enfor...

Question 9

Nevada passed a law banning all commercial billboards along state highways to improve the appearance of the environment. If this law were to be challenged, which of the following would a court examine to determine if the law is constitutional?

Accepted Answer

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.
D)   All of these are correct.

Question 10

Eminent domain refers to the government's ability to take private property for public use.

Accepted Answer

A) True 
 B)False

Question 11

If Oregon passed a statute that prohibited liquor stores from engaging in any kind of advertising, that statute would be

Accepted Answer

A)   valid as an exercise of police power.
B)   valid, as alcohol is illegal for minors.
C)   invalid as a violation of the Commerce Clause.
D)   invalid as an unreasonable restriction of free speech.

Question 12

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,

Accepted Answer

A)   Congress has no authority over Thompson's activity based on the negative aspect of the Commerce Clause.
B)   Congress may regulate Thompson's farming activity because it has a substantial economic effect on interstate commerce.
C)   only Thompson's local government can regulate his farming activity.
D)   only Thompson's state and local governments can regulate his farming activity.

Question 13

Judicial review can best be described as the power of a federal court to

Accepted Answer

A)   abstain from adjudicating major issues and to leave such matters to legislatures.
B)   take it upon itself to decide issues on constitutional grounds.
C)   declare a statute or governmental action unconstitutional and void.
D)   take private property for public use.

Question 14

The primary source of federal power to regulate business is the

Accepted Answer

A)   Supremacy Clause.
B)   Commerce Clause.
C)   Contract Clause.
D)   Privilege and Immunities Clause.

Question 15

A government action interfering with a fundamental right will be judged using

Accepted Answer

A)   strict scrutiny.
B)   intermediate scrutiny.
C)   minimal scrutiny.
D)   legitimate scrutiny.

Question 16

Hal was arrested for burning the U.S. flag in a protest of governmental policy. His action is protected under the First Amendment's guarantee of free speech because the flag burning is considered symbolic speech.

Accepted Answer

A) True 
 B)False

Question 17

Discuss the Miller test to determine if a creative work is obscene.

Accepted Answer

In Miller v. California, the court devel...

Question 18

The Fourteenth Amendment's Equal Protection Clause "strict scrutiny" test will be used when the legislation

Accepted Answer

A)   affects an economic interest.
B)   affects a person's right to drive.
C)   differentiates on the basis of race.
D)   affects a person's right to drink alcoholic beverages.

Question 19

Generally, constitutional protections do NOT apply to

Accepted Answer

A)   acts of the federal government.
B)   acts of state government.
C)   acts of administrative agencies.
D)   acts of privately owned businesses.

Question 20

Which of the following limitations does NOT apply to the government in civil proceedings to take a person's liberty or property?

Accepted Answer

A)   Procedural Due Process
B)   The Takings Clause
C)   Substantive Due Process
D)   The Equal Protection Clause

Exam 5: Constitutional Law

Judicial review can best be described as the power of a federal court to

Correct Answer
verified

The Fourteenth Amendment's Equal Protection Clause "strict scrutiny" test will be used when the legislation

Correct Answer
verified

Hal was arrested for burning the U.S. flag in a protest of governmental policy. His action is protected under the First Amendment's guarantee of free speech because the flag burning is considered symbolic speech.

Correct Answer
verified

Correct Answer
verified

A government action interfering with a fundamental right will be judged using

Correct Answer
verified

The idea that courts should not be heavily involved in lawmaking, but rather should only rule in cases where the constitutionality is clear is known as

Correct Answer
verified

Congress passed the federal OSHA establishing job safety standards. Illinois passed its own statute, which had slightly more lenient standards. Illinois workers are only held to the state standards unless they are involved in interstate commerce.

Correct Answer
verified

Nevada passed a law banning all commercial billboards along state highways to improve the appearance of the environment. If this law were to be challenged, which of the following would a court examine to determine if the law is constitutional?

Correct Answer
verified

Discuss the Miller test to determine if a creative work is obscene.

Correct Answer
verified
In Miller v. California, the court devel...
View Answer

If Oregon passed a statute that prohibited liquor stores from engaging in any kind of advertising, that statute would be

Correct Answer
verified

A form of due process that holds that certain rights are so fundamental that the government may not eliminate them is referred to as

Correct Answer
verified

The power to regulate interstate commerce is given jointly to Congress and the states under the U.S Constitution.

Correct Answer
verified

Identify the basic job of a President of the United States, the source of executive power, and three key powers associated with the position of President.

Correct Answer
verified
The basic job of a President is to enfor...
View Answer

The primary source of federal power to regulate business is the

Correct Answer
verified

Eminent domain refers to the government's ability to take private property for public use.

Correct Answer
verified

Which of the following limitations does NOT apply to the government in civil proceedings to take a person's liberty or property?

Correct Answer
verified

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,

Correct Answer
verified

The Supreme Court case of Obergefell v. Hodges involved

Correct Answer
verified

Generally, constitutional protections do NOT apply to

Correct Answer
verified

The doctrine of preemption is based on the Constitution's

Correct Answer
verified

Exam 5: Constitutional Law

Judicial review can best be described as the power of a federal court to

Correct AnswerverifiedShow Answer

The Fourteenth Amendment's Equal Protection Clause "strict scrutiny" test will be used when the legislation

Correct AnswerverifiedShow Answer

Hal was arrested for burning the U.S. flag in a protest of governmental policy. His action is protected under the First Amendment's guarantee of free speech because the flag burning is considered symbolic speech.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

A government action interfering with a fundamental right will be judged using

Correct AnswerverifiedShow Answer

The idea that courts should not be heavily involved in lawmaking, but rather should only rule in cases where the constitutionality is clear is known as

Correct AnswerverifiedShow Answer

Congress passed the federal OSHA establishing job safety standards. Illinois passed its own statute, which had slightly more lenient standards. Illinois workers are only held to the state standards unless they are involved in interstate commerce.

Correct AnswerverifiedShow Answer

Nevada passed a law banning all commercial billboards along state highways to improve the appearance of the environment. If this law were to be challenged, which of the following would a court examine to determine if the law is constitutional?

Correct AnswerverifiedShow Answer

Discuss the Miller test to determine if a creative work is obscene.

Correct AnswerverifiedIn Miller v. California, the court devel...View AnswerShow Answer

If Oregon passed a statute that prohibited liquor stores from engaging in any kind of advertising, that statute would be

Correct AnswerverifiedShow Answer

A form of due process that holds that certain rights are so fundamental that the government may not eliminate them is referred to as

Correct AnswerverifiedShow Answer

The power to regulate interstate commerce is given jointly to Congress and the states under the U.S Constitution.

Correct AnswerverifiedShow Answer

Identify the basic job of a President of the United States, the source of executive power, and three key powers associated with the position of President.

Correct AnswerverifiedThe basic job of a President is to enfor...View AnswerShow Answer

The primary source of federal power to regulate business is the

Correct AnswerverifiedShow Answer

Eminent domain refers to the government's ability to take private property for public use.

Correct AnswerverifiedShow Answer

Which of the following limitations does NOT apply to the government in civil proceedings to take a person's liberty or property?

Correct AnswerverifiedShow Answer

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,

Correct AnswerverifiedShow Answer

The Supreme Court case of Obergefell v. Hodges involved

Correct AnswerverifiedShow Answer

Generally, constitutional protections do NOT apply to

Correct AnswerverifiedShow Answer

The doctrine of preemption is based on the Constitution's

Correct AnswerverifiedShow Answer

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
In Miller v. California, the court devel...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
The basic job of a President is to enfor...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
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