Question 1

When Congress passed a criminal statute called the "Gun-Free School Zones Act," the Supreme Court ruled that:

Accepted Answer

A) the law was valid as a proper exercise of the power to regulate interstate commerce. 
B) the law was void for vagueness;thus,it was not valid. 
C) the law was not valid since Congress exceeded its power under the Commerce Clause. 
D) although the law was not a proper exercise of the power to regulate interstate commerce,Congress had the power to create such legislation on other grounds.Therefore,the statute was valid. 
A) the law was valid as a proper exercise of the power to regulate interstate commerce. 
B) the law was void for vagueness;thus,it was not valid. 
C) the law was not valid since Congress exceeded its power under the Commerce Clause. 
D) although the law was not a proper exercise of the power to regulate interstate commerce,Congress had the power to create such legislation on other grounds.Therefore,the statute was valid.

Question 2

Jackie purchased a condominium.When she bought it,she realized the homeowner's association had a variety of rules and regulations that she would need to follow.One regulation was that no children were allowed to live in the complex.Two years after buying the condominium,Jackie gave birth to a child.She was immediately served with papers notifying her to move out of the complex.Discuss the constitutionality of the homeowner association's action.

Accepted Answer

Constitutional protections only extend t

Question 3

Obscene speech is protected by the First Amendment.

Accepted Answer

A) True 
 B)False

Question 4

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

Question 5

West Virginia passed a statute regulating working conditions in its mines.If the statute is challenged in court on substantive due process grounds:

Accepted Answer

A) it would be presumed invalid and would be struck down since it involves a fundamental right to work. 
B) it would be presumed invalid but would be struck down only if it is not necessary to achieve a compelling government interest. 
C) it would be presumed valid since it regulates economic or social conditions. 
D) it carries no presumptions,but must be evaluated based on the procedures involved. 
A) it would be presumed invalid and would be struck down since it involves a fundamental right to work. 
B) it would be presumed invalid but would be struck down only if it is not necessary to achieve a compelling government interest. 
C) it would be presumed valid since it regulates economic or social conditions. 
D) it carries no presumptions,but must be evaluated based on the procedures involved.

Question 6

Assume that the state of Ohio passed a hazardous waste statute,seeking to protect the general public and workers.The state statute did not violate the Commerce Clause because it imposed no restriction on interstate commerce.Both the state statute and the federal Occupational Safety and Health Act established job safety standards and specified worker training and employer licensing,but the requirements differed.Discuss which statute(s)Ohio corporations had to obey,and identify the source of the answer.

Accepted Answer

Article VI of the Constitution provides

Question 7

Tim received a letter from his state college stating he had been expelled from the school.The letter stated his finance professor reported him to the Dean's office for cheating and that a committee had decided to expel him.He was reminded in the letter he had been disciplined earlier that same year for plagiarizing a term paper.Tim believes his due process rights have been violated by the college.Discuss what factors should be considered to determine the validity of Tim's claim.

Accepted Answer

The Constitution's Fifth Amendment addre

Question 8

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

Question 9

The "takings clause" prevents the government from taking private property for any reason.

Accepted Answer

A) True 
 B)False

Question 10

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 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. 
D) All of the above.

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. 
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

If there is a conflict between a state and federal law,generally the federal law will prevail because of the:

Accepted Answer

A) federalism doctrine. 
B) Supremacy Clause. 
C) paramount doctrine. 
D) Interstate Commerce Clause. 
A) federalism doctrine. 
B) Supremacy Clause. 
C) paramount doctrine. 
D) Interstate Commerce Clause.

Question 13

The Bill of Rights refers to:

Accepted Answer

A) the inalienable rights found at the beginning of the Constitution. 
B) the first ten amendments to the Constitution. 
C) a specific listing of individual rights found in the original text of the Constitution. 
D) a grouping of individual rights set forth by the United States Supreme Court shortly after the Constitution was ratified by the states. 
A) the inalienable rights found at the beginning of the Constitution. 
B) the first ten amendments to the Constitution. 
C) a specific listing of individual rights found in the original text of the Constitution. 
D) a grouping of individual rights set forth by the United States Supreme Court shortly after the Constitution was ratified by the states.

Question 14

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

Accepted Answer

A) True 
 B)False

Question 15

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

Question 16

Fundamental rights include all EXCEPT the right to:

Accepted Answer

A) drive. 
B) vote. 
C) free speech. 
D) travel. 
A) drive. 
B) vote. 
C) free speech. 
D) travel.

Question 17

Misleading commercial speech may be outlawed altogether without violating the Constitution.

Accepted Answer

A) True 
 B)False

Question 18

The power to create laws regulating international commerce is given jointly to Congress and the states under the U.S Constitution.

Accepted Answer

A) True 
 B)False

Question 19

The states have a severely restricted power to enact laws that affect interstate commerce.This concept is called:

Accepted Answer

A) federalism. 
B) the undue burden concept. 
C) constitutional hierarchy. 
D) the dormant aspect of the Commerce Clause. 
A) federalism. 
B) the undue burden concept. 
C) constitutional hierarchy. 
D) the dormant aspect of the Commerce Clause.

Question 20

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. 
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.

Exam 5: Constitutional Law

When Congress passed a criminal statute called the "Gun-Free School Zones Act," the Supreme Court ruled that:

Obscene speech is protected by the First Amendment.

The doctrine of preemption is based on the Constitution's:

West Virginia passed a statute regulating working conditions in its mines.If the statute is challenged in court on substantive due process grounds:

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:

The "takings clause" prevents the government from taking private property for any reason.

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?

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

If there is a conflict between a state and federal law,generally the federal law will prevail because of the:

The Bill of Rights refers to:

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

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

Fundamental rights include all EXCEPT the right to:

Misleading commercial speech may be outlawed altogether without violating the Constitution.

The power to create laws regulating international commerce is given jointly to Congress and the states under the U.S Constitution.

The states have a severely restricted power to enact laws that affect interstate commerce.This concept is called:

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:

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