Question 1

What did the U.S.Supreme Court rule in South Dakota v.Dole,the case involving the validity of a federal statute granting federal funds for state highways to only those states in which 21 is the legal drinking age?

Accepted Answer

A)   The Court upheld the statute.
B)   The Court upheld the statute only in the case of states that could not provide matching funds; and if matching funds could be provided, the Court ruled that there was insufficient reason for the law.
C)   The Court upheld the statute only in the case of states that could provide matching funds; and if matching funds could not be provided, the Court ruled that Congress was overreaching in regard to partnership between state and federal government.
D)   The Court struck the statute on the basis that it violated the Commerce Clause under the U.S. Constitution.
E)   The Court struck the statute on the basis that it violated the taxing and spending powers of the federal government under the U.S. Constitution.F) B) and E)
G) All of the above

Question 2

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 3

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) All of the above
G) A) and E)

Question 4

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 5

Which of the following is true regarding privacy rights?

Accepted Answer

A)   The U.S. Supreme Court has said that the U.S. Constitution does not provide any right to privacy.
B)   The U.S. Supreme Court has found that U.S. citizens have a right to privacy based upon the U.S. Constitution.
C)   The U.S. Constitution specifically provides for a right to privacy within the Second Amendment.
D)   The U.S. Constitution specifically provides for a right to privacy within the Sixth Amendment.
E)   The U.S. Supreme Court has found that U.S. citizens have a right to privacy based upon the U.S. Constitution, and the U.S. Constitution specifically provides for a right to privacy within the Sixth Amendment.F) All of the above
G) A) and B)

Question 6

Which of the following requires that courts in all states uphold contracts and public acts of every state thereby protecting wills,divorce decrees,and judgments in civil courts?

Accepted Answer

A)   The full faith and credit clause
B)   The privileges and immunities clause
C)   The commerce clause
D)   The contract clause
E)   The Bill of Rights clauseF) A) and B)
G) D) and E)

Question 7

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) B) and C)
G) A) and E)

Question 8

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) A) and B)
G) None of the above

Question 9

Which of the following is true regarding Ellen's statement?

Accepted Answer

A)   Ellen is incorrect. The U.S. Congress has complete discretion on taxation.
B)   Ellen is partially incorrect because before the U.S. Congress taxes one state's residents at a higher rate than citizens of other states, a rational relationship between the difference and governmental need must be shown.
C)   Ellen is incorrect because before the U.S. Congress taxes one state's residents at a higher rate than citizens of other states, an important need must be shown.
D)   Ellen is incorrect because before the U.S. Congress taxes one state's residents at a higher rate than citizens of other states, a disparity of income of over 30% between one state and another must be shown.
E)   Ellen is correct.F) B) and E)
G) A) and B)

Question 10

Set forth the Central Hudson Test for Commercial Speech.

Accepted Answer

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

Question 11

Explain the system of checks and balances and how it works.

Accepted Answer

The Constitution establishes the system ...

Question 12

What does protection against "double jeopardy" mean?

Accepted Answer

A)   The government cannot try a person more than once for the same crime.
B)   The government cannot try a person more than twice for the same crime.
C)   The government must have double proof to prosecute a person twice for the same crime.
D)   The government must show that at least two people were injured by the defendant in order to justify trying the defendant twice for the same crime.
E)   The government may impose a double sentence on a repeat offender in order to protect the public.F) None of the above
G) B) and E)

Question 13

A ______ is a court order that authorizes law enforcement agents to search for or seize items specifically described in the warrant.

Accepted Answer

A)   Search warrant
B)   Subpoena warrant
C)   Search authorization form
D)   Seek warrant
E)   Review authorizationF) A) and B)
G) D) and E)

Question 14

How was the process of judicial review established under which courts review legislative and executive actions to determine whether they are constitutional?

Accepted Answer

A)   By vote of the U.S. Senate
B)   By vote of the U.S. House of Representatives
C)   By vote of both the U.S. Senate and the U.S. House of Representatives
D)   By early common law
E)   By executive proclamationF) A) and B)
G) A) and D)

Question 15

Explain the concept of the "dormant commerce clause."

Accepted Answer

The dormant commerce clause is a restric...

Question 16

Which amendment protects freedom of religion?

Accepted Answer

A)   First
B)   Second
C)   Fourth
D)   Sixth
E)   EighthF) A) and D)
G) All of the above

Question 17

Which of the following is true on the issue of whether the police acted within their rights by using the thermal imager?

Accepted Answer

A)   The police acted within their rights so long as they can show that they asked a judge for a warrant before using the thermal imager, but the judge refused.
B)   The police acted within their rights so long as they can show that the street was truly chosen at random for a search.
C)   The police acted within their rights so long as they can show that Sam had been in jail previously on a drug offense charge.
D)   The police acted legally so long as they can show that Sam had been in jail previously for any offense.
E)   The police violated Sam's Fourth Amendment rights in using the thermal imager.F) A) and E)
G) C) and E)

Question 18

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) C) and E)
G) A) and E)

Question 19

Which amendment extends most of the provisions of the Bill of Rights to the states?

Accepted Answer

A)   Thirteenth
B)   Fourteenth
C)   Twenty-first
D)   Twenty-second
E)   FortiethF) C) and E)
G) A) and B)

Question 20

When can government agents obtain a search warrant?

Accepted Answer

A)   When they can establish reasonable cause.
B)   When they can establish probable cause.
C)   When they can establish cause to a substantial certainty.
D)   Anytime they have an informant.
E)   Anytime the judge is in his office and they show identification as government agents.F) B) and D)
G) D) and E)

Exam 5: Constitutional Principles

Is Bill correct?

Correct AnswerverifiedShow Answer

Which of the following is true regarding Ellen's statement?

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Which amendment extends most of the provisions of the Bill of Rights to the states?

Correct AnswerverifiedShow Answer

What did the U.S.Supreme Court rule in South Dakota v.Dole,the case involving the validity of a federal statute granting federal funds for state highways to only those states in which 21 is the legal drinking age?

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Which amendment protects freedom of religion?

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

Which of the following requires that courts in all states uphold contracts and public acts of every state thereby protecting wills,divorce decrees,and judgments in civil courts?

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

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

Correct AnswerverifiedShow Answer

Which of the following is true on the issue of whether the police acted within their rights by using the thermal imager?

Correct AnswerverifiedShow Answer

Which of the following is true regarding privacy rights?

Correct AnswerverifiedShow Answer

Explain the system of checks and balances and how it works.

Correct AnswerverifiedThe Constitution establishes the system ...View AnswerShow Answer

What does protection against "double jeopardy" mean?

Correct AnswerverifiedShow Answer

When can government agents obtain a search warrant?

Correct AnswerverifiedShow Answer

A ______ is a court order that authorizes law enforcement agents to search for or seize items specifically described in the warrant.

Correct AnswerverifiedShow Answer

Set forth the Central Hudson Test for Commercial Speech.

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

Explain the concept of the "dormant commerce clause."

Correct AnswerverifiedThe dormant commerce clause is a restric...View AnswerShow Answer

How was the process of judicial review established under which courts review legislative and executive actions to determine whether they are constitutional?

Correct AnswerverifiedShow Answer

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If a law prevents individuals from exerc...
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The Constitution establishes the system ...
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The test has four aspects as follows:
(1...
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The dormant commerce clause is a restric...
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Correct Answer
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