Exam 4: Constitutional Law

The U.S. Supreme Court is the final authority as to the constitutionality of any federal or state law.

If private entities engage in public functions, constitutional guarantees such as free speech and due process may apply to their actions under the __________ doctrine.

The requirement that a classification have a substantial relationship to an important governmental objective is known as the:

Eminent domain is not one of the recognized inherent powers of government.

The U.S. Supreme Court has:

Under the Equal Protection Clause, all governmental action that treats two classes of citizens differently will be invalid.

According to the __________ Amendment, "the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

Which of the following is included within the term "property" for purposes of procedural due process?

According to the U.S. Supreme Court, the "necessary and proper" clause gives Congress the authority to legislate in areas not mentioned in the list of enumerated powers if the legislation reasonably relates to an enumerated power.

The U.S. Constitution created a federal government of enumerated powers, and legislation enacted by Congress must be based on a specific power the Constitution grants to the federal government or be reasonably necessary for carrying out an enumerated power.

In equal protection cases involving economic regulation, the courts use the rational relationship test.

If Congress has not intended to displace all state legislation on a particular topic, state legislation that conflicts with the federal legislation is permitted.

The state of Alabama passes a statute which requires that male heirs be preferred over female heirs in selecting an executor of an estate. Laura, a lawyer, would like to be the executor of her father's estate, but so would her eighteen-year-old brother who just flunked out of college. She challenges the provision as being a violation of the Equal Protection Clause of the Fourteenth Amendment. The case is now under consideration by Alabama's highest court. In deciding the constitutionality of the provision, the court will:

The Commerce Clause allows the federal government to invalidate state laws that burden interstate commerce.

Which equal protection test is applied to cases based on gender and legitimacy?

The constitutional protection extended to commercial speech is based on the informational function of advertising.

A star basketball player in the NBA:

The federal government's authority to govern economic matters flows from the Commerce Clause.

The Congressional power to borrow money on credit of the United States and to coin money have enabled the federal government to establish a national banking system, the Federal Reserve System, and specialized federal lending programs such as the Federal Land Bank.

The Contract Clause of the Constitution applies only to the actions of state governments and not to the federal government.