Question 1

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 2

The "dormant" aspect of the Commerce Clause:

Accepted Answer

A)  is also known as the "negative" aspect. 
B)  means that there are many unused powers still available to the government to regulate trade between the states. 
C)  guarantees that Congress has the power to regulate trade with foreign countries that have not yet developed trade practices with the United States. 
D)  guarantees that the states have the power, even if unused, to impose regulations affecting interstate commerce. 
A)  is also known as the "negative" aspect. 
B)  means that there are many unused powers still available to the government to regulate trade between the states. 
C)  guarantees that Congress has the power to regulate trade with foreign countries that have not yet developed trade practices with the United States. 
D)  guarantees that the states have the power, even if unused, to impose regulations affecting interstate commerce.

Question 3

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 4

Lori and her friends burn an American flag as an act of political protest.Lori is arrested for violating a state law that prohibits flag burning.The Supreme Court has ruled that laws making it illegal to burn an American flag:

Accepted Answer

A)  are void because they deny a person due process rights. 
B)  are void because a state court has no power to prosecute a person for burning the federal flag. 
C)  are void because they violate a person's right to freedom of speech. 
D)  are valid. 
A)  are void because they deny a person due process rights. 
B)  are void because a state court has no power to prosecute a person for burning the federal flag. 
C)  are void because they violate a person's right to freedom of speech. 
D)  are valid.

Question 5

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

Accepted Answer

In Miller v.California,the court develop

Question 6

Obscene speech is protected by the First Amendment.

Accepted Answer

A) True 
 B)False

Question 7

A woman wishes to attend an all-male,publicly supported college.She claims the college is violating the Equal Protection Clause of the Constitution.What level of scrutiny will the court use when deciding this case?

Accepted Answer

A)  Minimal scrutiny 
B)  Intermediate scrutiny 
C)  Strict scrutiny 
D)  Compelling interest scrutiny 
A)  Minimal scrutiny 
B)  Intermediate scrutiny 
C)  Strict scrutiny 
D)  Compelling interest scrutiny

Question 8

The First Amendment to the U.S.Constitution explicitly protects citizens from abridgment of the right of free speech by any level of government.

Accepted Answer

A) True 
 B)False

Question 9

The United States v.Lopez case demonstrates which of the following?

Accepted Answer

A)  There are no limitations on the federal government's power pursuant to the Interstate Commerce Clause. 
B)  The extensive power of the states to regulate interstate commerce. 
C)  Limitations on federal power. 
D)  Gun ownership cannot be regulated. 
A)  There are no limitations on the federal government's power pursuant to the Interstate Commerce Clause. 
B)  The extensive power of the states to regulate interstate commerce. 
C)  Limitations on federal power. 
D)  Gun ownership cannot be regulated.

Question 10

The Framers of our Constitution,a true cross section of the population at the time,created the Constitution by amending the Articles of Confederation,which had been the governing document of the colonists.

Accepted Answer

A) True 
 B)False

Question 11

The issue of the constitutional protections afforded flag burning was addressed in:

Accepted Answer

A)  Texas v. Johnson. 
B)  United States v. Lopez. 
C)  Marbury v. Madison. 
D)  Palmore v. Sidoti. 
A)  Texas v. Johnson. 
B)  United States v. Lopez. 
C)  Marbury v. Madison. 
D)  Palmore v. Sidoti.

Question 12

Adam moved into an apartment complex.The rules of the complex prohibit unmarried men and women from living together in the same apartment.When Adam's friend,Diane,moved into the apartment he was served with eviction papers.Adam claims the apartment complex is violating his constitutional rights since it allows married couples to live together.Is Adam right?

Accepted Answer

A)  Yes. His equal protection rights have been violated. 
B)  No. His fundamental right of cohabitation has not been violated. 
C)  Yes. He and Diane are being treated differently than married couples. 
D)  No. Constitutional protections do not extend to privately owned apartment complexes. 
A)  Yes. His equal protection rights have been violated. 
B)  No. His fundamental right of cohabitation has not been violated. 
C)  Yes. He and Diane are being treated differently than married couples. 
D)  No. Constitutional protections do not extend to privately owned apartment complexes.

Question 13

The Fifth Amendment to the Constitution provides Robert,an employee of Mattax Paper Co.,due process protection from being fired without a hearing by a neutral fact finder.

Accepted Answer

A) True 
 B)False

Question 14

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

Accepted Answer

A) True 
 B)False

Question 15

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 16

The 14ᵗʰ 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. 
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 17

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 18

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

Accepted Answer

A) True 
 B)False

Question 19

Gadberry lives in a "common interest development" (CID)and has parked his new pickup truck in his driveway.The Neighborhood Association informs him that,according to their regulations,he may not have a truck in the sight of passersby.The Association has made an unconstitutional restriction of the property rights of residents of the CID.

Accepted Answer

A) True 
 B)False

Question 20

Smalltown,located in a border state,seemed to favor Caucasians over Latinos in their hiring practices.The courts will review the practice using:

Accepted Answer

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

Exam 5: Constitutional Law

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

The "dormant" aspect of the Commerce Clause:

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

Lori and her friends burn an American flag as an act of political protest.Lori is arrested for violating a state law that prohibits flag burning.The Supreme Court has ruled that laws making it illegal to burn an American flag:

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

Obscene speech is protected by the First Amendment.

A woman wishes to attend an all-male,publicly supported college.She claims the college is violating the Equal Protection Clause of the Constitution.What level of scrutiny will the court use when deciding this case?

The First Amendment to the U.S.Constitution explicitly protects citizens from abridgment of the right of free speech by any level of government.

The United States v.Lopez case demonstrates which of the following?

The Framers of our Constitution,a true cross section of the population at the time,created the Constitution by amending the Articles of Confederation,which had been the governing document of the colonists.

The issue of the constitutional protections afforded flag burning was addressed in:

The Fifth Amendment to the Constitution provides Robert,an employee of Mattax Paper Co.,due process protection from being fired without a hearing by a neutral fact finder.

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

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

The 14ᵗʰ Amendment's Equal Protection Clause "strict scrutiny" test will be used when the legislation:

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?

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

Smalltown,located in a border state,seemed to favor Caucasians over Latinos in their hiring practices.The courts will review the practice using:

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